HomeMy WebLinkAboutZTA200900009 Legacy Document 2010-05-14 (7)Draft: 04/26/10
ORDINANCE NO. 10 -18( )
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 ilntent
Sec. 30.6.2 Boundaries of the district
Sec. 30.6.3 Permitted uses and applicable standards
Sec. 30.6.4 ;
Certificates of appropriateness
Sec. 30.6.7 Submittal, review and action on application: final review
By Amending, Renumbering and Renaming (old section number first, followed by name, followed by new
section number):
Sec. 30.6.3.1 By right Sec. 30.6.3 (part)
Sec. 30.6.3.2 By special use permit Sec. 30.6.3 (part)
Sec. 30.6.6 ,.Teaeonf ,-,,,;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
supervisors, certifying that a proposed structure and/or site improvements located within the entrance corridor
ATTACHMENT B
Draft: 04/26/10
overlay district, as may be modified by terms and conditions of the certificate, are consistent with the applicable
design guidelines.
Certificate of appropriateness, county -wide: A decision made by the architectural review board establishing
specific design criteria consistent with applicable design guidelines for a class of structures, sites .
improvements, or architectural elements. The decision applies to any structure, site, improvement or
architectural element within that class that complies with the specific design criteria.
Nonconforming Structure: The term "nonconforming structure" means a lawful structure existing on the
effective date of the zoning regulations applicable to the district, including any overlay district, in which the
structure is located, that does not comply with the minimum applicable bulk, height, setback, floor area or other
structure requirements of that zeping 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 that lies
behind the message portion of the sign, made of a material through which light cannot pass when the sign is
internally illuminated at 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 this ehapt °r, a-ad as folio
i The is to
for-
agent authorized review and aet tipon an applie4ion
for- if the the
a eeAifieate
of appropriateness
be ifitemall!
a sign sign will not r-e"ir-e a vafia-nee and
sign: (i) will either-
not 7
4iat be the the
be in
e*isfiag sign will substat4ially same as
existing sign; or-
(iii) will a mtiltf-
.
ther-efer-, the
the
eompr-ehensi A, and sign will
by the rnevie-;,;i� board dtifing its
meet all of r-e"ir-ements
The
established
tha4
afehitkee-44-11=�-- Feview.
for- by the be by the
agent may r-e"ir-e
a sign other-wise
beaf
eligible review agent feviewed ar-ehiteetufal
review
ATTACHMENT B
Draft: 04/26/10
3. Eaeh applieeAien for- a eet4ifiea4e ef appr-epr-iateness shall be aeeempanied by a site plan th
apprepriateness for a sign shall be r-eviewed for eonsisteney with the purposes and requirements of this
,
mehiteetura4 review board shall conduct a eomprehens' m prior- te issuing a eer-fifiea
appFo riateness. The review shall include, but not hbe. llim-ite,�— to, a review And— ion of the
appr-epr-ieAe stt,le, size, eeler-s, materials, illumina4ion and Weation of all proposed signs, a-ad any ether-
c. Opaque backgrounds. All intemally illuminated box - style and cabinet-style signs shall have an opaque
back r
(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 Untent
The epAr-anee eeffider- ever-lay distfiet is intended to implement the eempr-ehensive plan goal of pr-ateefing
-ees as the same may set=ve this pufpose; to easufe a quality of development eompatible w4h these
r-eseufees thfough ar-ehiteetur-al eefA+e! of development; to stabilize and improve property values; to pr-etee
foregoing being deemed to a&a-nee a-ad pfemete the publie health, safiaty and welfafe of the eitizens of the
eounty as visitors ti e of
The purpose of this section 30.6 is to implement the enabling authority in Virginia Code § 15.2- 2306(A) by
identifying those arterial streets and highways found to be significant routes of tourist access to the county and
to designated historic landmarks, structures or districts within the county or in contiguous localities. and to
require that the erection, reconstruction, alteration or restoration of structures, including si nson 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, enhance and protect property values, and contribute to the overall quality of life for the county's residents.
The comprehensive plan also acknowledges that scenic resources are important to visitors as well as the
county's residents, and that visitors to the Blue Ridge Mountains and the county's rural historic structures gather
a lasting impression of the county as they travel the county's scenic roadways. The significant routes of tourist
access within the entrance corridor overlay district provide access to the county and to many of the county's
historic landmarks, structures and districts including, but not limited to Monticello, the home of Thomas
ATTACHMENT B
Draft: 04/26/10
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 Register 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 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 the county's
natural, scenic, historic and architectural resources by providing for review of new construction along the
identified significant routes of tourist access by an architectural review board under design guidelines
promulgated by that board and ratified by the board of supervisors.
Sec. 30.6.2 APPLICATI Boundaries of the district
preserve and proteet eoffider-s� (i) along afteria4 stfeets or- highways designated as sueh pursuant to Title 33.1 of
the 3,14ginia Code found by the beafd of supeFviser-s to be signifieant routes of tourist aeeess to the eounty; (4)
to hister-ie !a-ad-maF4Es as established by the Vir-ginia -Landmarks Commission together- with any other- buildings,
areas within the eounty as defined by Vir-ginia Code § 15.2 2201; or- (iii) to designated hister-ie ,
e. Subjeet to subseetion (b), entrance cofy-idof oveflay distfiets are hereby established upon and along
the following highways:
The entrance corridor overlay district is established upon and comprised of those parcels contiguous to
significant routes of tourist access, regardless of the underlying zoning district or the existence of other
applicable overlay districts, as provided in section 30.6.2(b) as follows:
a. Significant routes of tourist access. The following arterial streets and highway are found to be
significant routes of tourist access and are hereinafter referred to in section 30.6 as "EC streets ":
1. U.S. Route 250 East (Richmond Road.
2. U.S. Route 29 North (Seminole Trail).
3. U.S. Route 29 South (Monacan Trail).
4. Virginia Route 20 South (Monticello Avenue and Scottsville Roadl.
ATTACHMENT B
WARN 011
go
e. Subjeet to subseetion (b), entrance cofy-idof oveflay distfiets are hereby established upon and along
the following highways:
The entrance corridor overlay district is established upon and comprised of those parcels contiguous to
significant routes of tourist access, regardless of the underlying zoning district or the existence of other
applicable overlay districts, as provided in section 30.6.2(b) as follows:
a. Significant routes of tourist access. The following arterial streets and highway are found to be
significant routes of tourist access and are hereinafter referred to in section 30.6 as "EC streets ":
1. U.S. Route 250 East (Richmond Road.
2. U.S. Route 29 North (Seminole Trail).
3. U.S. Route 29 South (Monacan Trail).
4. Virginia Route 20 South (Monticello Avenue and Scottsville Roadl.
ATTACHMENT B
Draft: 04/26/10
5. Virginia Route 631 Sou (5th Street and Old Lynchburg Road) from Charlottesville City limits
to Route 708 (Red Hill Road) and Virginia Route 631 (Rio Road West) from U.S. Route 29
North (Seminole Trail) to Route 743 (Earlysville Road). (Amended 11- 14 -90; Amended 4 -12-
00)
6. U.S. Route 250 West (Ivv Road and Rockfish Gan Turnpike).
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 Parkway).
13. Virginia Route 231 (Gordonsville Road).
14. Virginia Route 240 (Three Notch'd Road).
15. U.S. Route 29 Business (Fontaine Avenuel
16. U.S. Route 29/250 Bypass.
17. Virginia Route 654 (Barracks Road). (Added 11- 14 -90)
18. Virginia Route 742 (Avon Streetl. (Added 11- 14 -90)
19. Virginia Route 649 (Airport Road) from U.S. Route 29 North (Seminole Trail) to Virginia
Route 606 (Dickerson Road). (Added 4- 12 -00)
20. Virginia Route 743 (Hydraulic Road and Earlysville Road) from U.S. Route 29 North
(Seminole Trail) to Virginia Route 676 (Woodlands Road). (Added 4- 12 -00)
21. Virginia Route 631 Rio Road from U.S. Route 29 North (Seminole Traill 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 bounda
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, 1990 for those parcels sharing a boundary with an
EC street identified in section 30.6.2(a)(1) throu hh ii) on November 14, 1990 for those
parcels sharing a boundary with an EC street identified in section 30.6.2(a)(17) and (18); (iii) on
April 12, 2000 for those parcels sharing a boundary with an EC street identified in section
30.6.2(a)(19) and (20): and (iv) on November 2, 2005 for those parcels sharing a boundary with
an EC street identified in section 30.6.2(a)(21) (hereinafter. the "applicable reference date ").
2. Parcels not sharing boundary with an EC street. Each parcel within five hundred (500) feet of
the right-of-way 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.
ATTACHMENT B
Draft: 04/26/10
C. Extent of overlay district. The overlay district extends across the entire width of each parcel contiguous
to an EC street. The overlay district extends to the depth of each parcel as follows:
1. Parcels sharing boundary with an EC street on reference date. If the parcel shared a boundary
with an EC street on the applicable reference date as provided in section 30.6.2(bl(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 (5 00) 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.
d. Effect ofsubseauent change to parcel boundaries. The subdivision, boundary line adjustment, or any
other change to the boundaries of a parcel after the applicable reference date shall not reduce the area
subject to this section 30.6 without a zoning map amendment that changes the boundaries to the
entrance corridor overlay district.
(12- 10 -80, § 30.6.2; 11- 14 -90; 9 -9 -92; Ord. 00- 18(4), 4- 12 -00; Ord. 01- 18(3), 5 -9 -01; Ord. 05- 18(9), 11 -2 -05)
Sec. 30.6.3 Permitted uses and applicable standards
Within the EC overlay district:
a. Uses. The following uses may be permitted within the EC overlay district in accordance with the
applicable requirements of this section 30.6 and the underlying zoning district:
30.6.3.1 By FigW
By right. ! Uses
permitted by in the underlying zoning oning district shall be permitted by right in the EC overlay
district, except as otherwise provided in section 30.6.
2. By special use permit. The following uses shall be permitted by pecial use permit in the EC
overlay district:
a. A"Uses authorized by special use permit in the underlying zoo districts;_
b. Outdoor storage, display and/or sales serving or associated with a permitted uses, other
than a residential, agricultural or forestal use, any portion of which would be visible
from an the EC street to which it is contiguous or from any other EC street which is
located within five hundred (500) feet; provided that review shall be limited to the
iff+°fi+ of this seet on determining whether the outdoor storage, display_ and/or sales is
consistent with the applicable design guidelines. Residefftial, agfieultidfala-ad forestal
ttses shall be &iempt from this (Amended 9 -9 -92)
ATTACHMENT B
Draft: 04/26/10
The construction or location of any structure, including any subdivision sign or sign
identifying a planned development as provided in section 4.15.16(I) ,
upon the superjacent and subjacent airspace of an EC street that is not required for the
purpose of travel or other public use by the Commonwealth of Virginia or other
political jurisdiction owning such street.
b. Area and bulk and other regulations. The area and bulk. minimum vard and setback reauirements. and
maximum building height requirements of the underlying zoning district shall apply to all uses and
structures in the EC overlay district.
C. Bonus factors. A condition of a certificate of appropriateness that requires improvements or design
features for which a bonus might otherwise be permitted under the applicable district regulations shall
not affect the eligibility for the bonus.
d. Grading or land disturbing activity. No rg ading or other land disturbing activity (including trenching or
tunneling), except as necessary for the construction of tree wells or tree walls, shall occur within the drip
line of any trees or wooded areas designated on the site plan to be preserved, nor intrude upon any other
existing features designated in the certificate of appropriateness for preservation.
e. Method for preserving designated features. An applicant for a development subject to the provisions of
section 30.6 shall sign a conservation checklist provided by the director of planning or his or her
designee (the "director of planning") specifying the method for preserving the designated features. and
the method shall conform to the specifications contained in Standard and Specification 3.38 at pages III -
393 through 111 -413 of the Vir inia Erosion and Sediment Control Handbook: rovided that the
architectural review board, or the director of planningma� require alternative methods of tree
protection if greater protection is deemed necessary.
f. Designating and protectinz preserved features. Areas on a site containing features to be preserved shall
be identified on approved site plans and building plans and shall be clearly and visibly delineated on the
site prior to commencing grading or other land disturbing activity, including trenching or tunneling. No
grading, other land disturbing mity, or movement of heavy equipment shall occur within the
delineated areas. The visible delineation of the boundaries of the areas to be preserved shall be
maintained until a certificate of occupancy is issued by the county. All features designated for
preservation shall be protected during g evelopment.
(12- 10 -80, § 30.6.3.2; 9 -9 -92; Ord. 01- 18(3), 5 -9 -01)
Sec. 30.6.4 ;
Certificates of appropriateness
Area a-ad bulk r-eg�dlatieas, ineltiding options for- bentis faeter-s (exeept where the pr-oN4sians of this seetion
. sion of impr-evements or- design featufes for- w-hieh a bentis might other-wise be permitted) and nffal
> > and heighA r-egulmioas shall be as provided
pet4ien thereof whieh shall be visible from a designa4ed EG street.
a. Exeept as ethefwise provided in seetion 30.6.6, no bttildiag pefmit shall be issued fef any purpose
unless and until a eeftifiea4e of appr-epr-imeness has been issued in aeeer-d with seetion 30.6.
ATTACHMENT B
Draft: 04/26/10
The eei4ifiea4e of appr-epr-i4eoess shall be binding upon the proposed dewlepment as to eenditions
of isseanee. The eet4ifie4e shall eet4ify that the pr-oposed dewlepmefft as may be modified by the
eenditions ef issuance is consistent with the design guidelines adopted by the board of supervisors
on the final site developm
for the speeifie EC street. Signattffe by the �efiing a' UP
plan or- beilding permit, as the ease may be, shall be deemed to eoastitbAe stieh ee4ifie4ion.
indieate the features to be to the
ceftif4eate of appropriateness shall
e*isting pr-eser-ved pufsuant
>
tr-ee walls.
JUL
mill"
i
OWN
.
The eei4ifiea4e of appr-epr-i4eoess shall be binding upon the proposed dewlepment as to eenditions
of isseanee. The eet4ifie4e shall eet4ify that the pr-oposed dewlepmefft as may be modified by the
eenditions ef issuance is consistent with the design guidelines adopted by the board of supervisors
on the final site developm
for the speeifie EC street. Signattffe by the �efiing a' UP
plan or- beilding permit, as the ease may be, shall be deemed to eoastitbAe stieh ee4ifie4ion.
ErT�`j U-rseres:r e!rrE . �e!f ! mcf!""m
IN
IN
b. The
indieate the features to be to the
ceftif4eate of appropriateness shall
e*isting pr-eser-ved pufsuant
>
tr-ee walls.
;
OWN
=11 Will
IRWIN-
- .
•. -
-
ErT�`j U-rseres:r e!rrE . �e!f ! mcf!""m
IN
IN
b. The
indieate the features to be to the
ceftif4eate of appropriateness shall
e*isting pr-eser-ved pufsuant
>
tr-ee walls.
;
for- the eonsitfuetion of tfee wells of tr-ee walls, shall oeetir- within the dr-ip lifte of any trees or-
wooded areas nef: imitmFude upon any otheF existing �aatffes desigmated in the eet4ifieate a
a4o s pr-esen,4ion.
ATTACHMENT B
Draft: 04/26/10
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. Building permits required. Each structure and/or site improvement for which a building ermit
is required, even though it is not a development for which a site plan is required. unless the
structure and/or site improvement 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. 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
2. Signs in a new multi - business complex or shonnine center. For all of the signs in a new multi-
business complex or shopping center, where the architectural review board first conducts a
comprehensive sign review. Once a certificate of appropriateness 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 appropriateness.
3. County -wide certificates ofannronriateness. County -wide certificates of appropriateness may
be issued for classes of structures, sites, improvements, or architectural elements, subject to the
applicable design criteria and procedures, as follows:
a. Categories ofstructures, sites, improvements, or architectural elements eligible for
county -wide certificates of appropriateness. The following categories of structures
sites, improvements, or architectural elements shall be eligible for county -wide
certificates of appropriateness:
1. Structures located seven hundred fifty (750) feet or more from an EC street that
are not more than five (5) stories tall.
2. Structures that are proposed to be located behind another structure that fronts an
EC street as viewed from the EC street, where the rear structure is no more than
twice the height of the front structure.
3. Personal wireless service facilities.
4. Wall signs proposed for structures having a single occupant.
5. Safety fencing and screening fencing.
ATTACHMENT B
Draft: 04/26/10
6. New or replacement rooftop- mounted or ground- mounted eauipment.
7. Additions to structures or improvements for which a certificate of
appropriateness was issued, where the design of the addition to the structure or
improvement is consistent with the architectural design approved with the
certificate of appropriateness.
8. New structure or site lighting or changes to existing structure or site lighting.
9. Minor amendments to site plans and architectural plans.
10. Building permits for which the proposed change occupies fifty (50) percent or
less of the altered elevation of an existing structure.
11. Permits classified in sections 5 -202, 5 -203, 5 -204 and 5- 208(A) not otherwise
exempt under section 30.6.5(kl.
b. Design criteria. The board may establish appropriate architectural or design features
under the design guidelines that a structure, site, improvement or architectural element
must be found to be consistent with in order to be eligible to be subject to a county-
wide certificate of appropriateness. The architectural or design features may include,
but are not limited to: (i) building and structure height: (ii) building and structure size:
(iii) scale or mass: (iv) appropriate roof forms: (v) appropriate building materials and/or
colors: (vi) minimum planting requirements; (vii) minimum screening requirements:
(viii) building, structure and/or site improvement locations: and (ix) the structural and
design details of signs.
C. Determination ofcomnliance by director ofnlannino. Once a countv -wide certificate
of appropriateness is issued, the director of planning is authorized to determine whether
a particular structure, site, improvement or architectural element satisfies the specific
design criteria of the county -wide certificate of appropriateness. The director or a
member of the architectural review board may request at an upcoming meeting 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.
d. Action and anneal. Anv person reauestina 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
submittal and action under section 30.6.6(b), (c), (d) and (fl shall apply.
1. By the director. If the director determines that the proposed structure. site
improvement or architectural element does not satisfy the he specific design
criteria of the county -wide certificate of appropriateness, the director shall send
notice to the person requesting the determination of his decision. The person
requesting the determination may either: (1) appeal the director's decision to
the architectural review board by flip an appeal with the director within ten
(10) days after the date of the director's notice of decision: or (21 file an
application and proceed under sections 30.6.6 and 30.6.7.
ATTACHMENT B
Draft: 04/26/10
2. By the board. If the board determines in its own review or on an anneal of the
director's decision that the proposed structure, site, improvement or
architectural element does not satisfy the specific design criteria of the county-
wide certificate of appropriateness, the board shall send notice to the person
requesting the determination of its decision. The person requesting
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.
c. Authoritv to assure consistencv with annlicable design guidelines. In determining whether a structure or
associated improvements are consistent with the applicable design guidelines, the architectural review
board may specify the following, which are in addition to the requirements of the underlying zoning
district or of section 32, provided that the board may not authorize any maximum standard to be
exceeded, or any minimum standard to not be met:
1. Architectural features. The appearance of any architectural feature including, but not limited to
its form and style, color, texture and materials.
2. Size and arrangement ofstructures. 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 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 existin tg rem
wooded areas and natural features.
6. Appearance ofsigns. 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 elan .
7. Fencing. The location, type and color of all fencing, including safet fencing.
d. Authoritv to impose conditions to assure development is consistent with the annlicable design
guidelines. The architectural review board is authorized to impose reasonable conditions in conjunction
with any approved certificate of appropriateness to assure that the development is consistent with the
applicable design guidelines. The architectural review board also is authorized to approve plans
showing, or identifying in a certificate of appropriateness, existing trees. wooded areas and natural areas
to be preserved, the limits of rig or other land disturbing mity including trenching and tunneling,
in order to, among other things, protect existing features, and grade changes quiring tree wells or tree
walls.
ATTACHMENT B
Draft: 04/26/10
e. Authority ofzonine administrator to determine compliance with certificate of appropriateness. The
zoning administrator is authorized to determine whether a development, including a sign satisfies the
terms and conditions of the certificate of appropriateness.
f. Effect of certificate of appropriateness. Each structure or associated improvement for which a
certificate of appropriateness was issued shall be established and maintained in accordance with the
terms, conditions and requirements of the certificate. Each site plan and building permit shall
demonstrate that the structures and associated site improvements will satisfy the terms, conditions and
requirements of the certificate.
in addifien to the speeial use pemit r-equir-emefft for- these signs ideatified in seetion 30.6.3.2, signs within t
efftrance corridor over-lay distt4et shall be subject to the regulations set forffi in section 4.15 of this chapter.
Notwithstanding any other- provisioa of this seetion 30.6, the ageR4 shall be authoi�zed to issue eertifieates e
-appropriateness fet: eligible signs tmder- seetion 4.15.15. For- sueh "alifying si- ks of seetiefis
(12- 10 -80, § 30.6.3.2; 7 -8 -92; Ord. 01- 18(3), 5 -9 -01)
30.6.5.1 GENERAL REGULATIONS (Repeal 1 7 4 92)
30.6.5.2 > HEIGHT, AREA, TYPES OF SIGNS (Repealed 7 8 92)
30.6.5.3 (Repeal. 7 4 02)
See. 30.6.65 Development exempt from requirement to obtain certificate of
appropriateness
eenfefm to the provisions of the EG ever-lay distfiet shall be stibjeet to seetion 6.0, fieffeefifeffflifies, 0
this ra
.�.
2. Genstmetion of ramps and other- modifieations to sevve the handieapped in aeeer-d with se
ATTACHMENT B
Draft: 04/26/10
44-093
4. Main and aeeessefy residential, forestal and agietiltufal buildings where fie site development
plan is required for the work sttbject to the building permit.
5. General fnaifAefianee wher-e ne substantial ehange in design Ew material is pr-eposed.
6. Additions or modifieations to a building where no substantial ehange in design or materia
proposed as deteffnined by the zoning administ+ator,
The following development is exempt from the requirements of 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 headauarters (section 5.1.18(a)l. temporary construction vards (section
5.1.18(b)l, and temporary mobile homes (section 5.71.
d. Agricultural product signs, 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.
£ The repair and maintenance of nonconforming structures or site improvements as authorized by section
g. 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 state law providing for the reasonable accommodation of persons with disabilities.
i. Additions or modifications to nonconforming structures as authorized by sections 6.3(Al(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 appearance of the structure.
See. 30.6.6 Submittal, review and action on application: preliminar" review
Applications for preliminary review under section 30.6 shall be subiect to the following
a. Applications. An application for preliminary review shall contain a completed count"- provided
application form and supplemental information required by the director of planning (the he "application "l.
The application may be filed with the department of community development by the owner, the owner's
agent, or a contract purchaser with the owner's written consent (the "applicant"). Eight (8) collated
ATTACHMENT B
Draft: 04/26/10
conies 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.
b. Determination of complete application: rejection ofincomvlete application. An application that
provides the information required by section 30.6.6(a) shall be accepted for review and decision. The
agent shall make a determination as to whether an application is complete within ten (10) days after the
submittal deadline.
1. Complete application: date deemed to be officially submitted. The date of the next application
deadline following the submittal of a complete application shall be deemed to be the date upon
which the application was officially submitted.
2. Incomplete application: notice to applicant. An application omitting information reauired b
section 30.6.6(a) shall be deemed to be incomplete and shall not be accepted. The agent shall
inform the applicant in writing of the reasons why the application was rejected as being
incomplete. If the agent does not deliver the notice within the ten (10) day period the
application shall be accepted for review, provided that the agent � require the applicant to
later provide omitted information within a period specified by the agent of not less than ten (10)
days, and further provided that if the applicant fails to timely provide the omitted information
the agent y deem the application to be incomplete and reject the application as provided
herein.
C. Resubmittal ofavvlication originally determined to be incomplete. Within fifteen (15) days after the
date the notice of rejection was mailed or delivered b tagent 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 the next application deadline
following the resubmittal of the application shall be deemed to be the date upon which the application
was officially submitted. If the applicant fails to resubmit the application within the fifteen (151 day
period, the application shall be deemed to be denied and a new application and fee shall be required to
submit the new application.
d. Resubmittal of revised application originally determined to be complete. During the review 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. Reauest for revision. The director of planning or the architectural review board shall inform the
applicant in writing of the requested revisions to the application. The letter shall inform the
applicant that if it chooses to make some or all of the requested revisions, it shall noti 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 (151 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.
ATTACHMENT B
Draft: 04/26/10
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 six (�yperiod in
which a decision must be made on the application under subsection-30.6.6O.
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 and the sixty (60) day period in
which a decision must be made on the application shall recommence.
e. Notice of submitted application. The director of Dlanning shall send a notice to each member of the
board of supervisors, the commission and the architectural review board that an application has been
officially submitted. The notice shall be sent within five (5) days after the application is determined to
be complete. The notice shall Drovide 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 "l.
g. Recommendations and decisions. The architectural review board shall review the application for
consistency with the applicable design guidelines as follows:
1. Recommendation and decision on Dreliminary review. In making 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 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
h. Modes ofsending notices, letters and other writings. Notices, letters and other writings required by
subsections 30.6.6(b). (d). (e) and (g) -shall be mailed to the identified recipients by first class mail, be
personally delivered to the applicant, or be sent by email.
i. Application defined. For the purposes of sections 30.6.6 and 30.6.7, the term "application" means an
application for a certificate of appropriateness and a review to determine whether submitted drawings
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
ATTACHMENT B
Draft: 04/26/10
of this or-dinanee shall be filed by the wvmer- or- eofttFaet pufehaser- of the subjeet pr-E)pei4y with the zoning
beafd shall ifieltide all plans, nWs, studies and reports whieh may be reasefiably required to make the
detei:Fainatioas ealled for- in the pai4iettlar- ease, with stif4eiei# eopies for- neeessafy r-efeffais a-ad •
review zoning adfainist-r-ator- shall fo�,ar-d the applieation together- with all aeeempanying materials to the ar-ehitee
i.ea fd within five (5) ,..,lend.,r days of the date of .,»beat;
proposed, Notiee of applieation submit4al shall be sef4 by fir-st elass mail to eaeh member- of the eommission and board o
No eertifieate of appropriateness shall be issued within ten (10) ealendar days of the date o
mailing of sueh notiee. The notiee shall state the type of use speeifie loeation of development,
ar-ehiteetur-al review board meeting.
Upon r-eeeipt of an applie4ioa, the ar-ehiteetwal review board shali sehe"Ie the same for- hearing a-ad shall
eause sueh notiee to be sen� as het:eifi above r-e"it:ed. The ar-ehiteetwal r-eview board shall eonfer- with t
appliea*t and shall appr-o3ve or disapprove sueh appliea4ion and, if approved, sha4l issue a eertifieate o
appr-epr-imeaess ther-efef, with E)r- without eenditions together with stieh modifieations as deemed neeessa"
1B.. - - ., 4in si�Ay (60) days f+efn the date of appheation shall be deemed to eenstittAe appr-eval of the
a
> ,
or other-wise impair- the eommission in its exer-eise of pr-elimina-r-y er- fioal site development p! 4
foFth in seetion 32.0, site development plan, of this or-dinanee. It is the express ipAeat of the board of supetwiser-s
that matters r-ela4ed to p4lie health and sagaty as fna-y be defified by the eommission shall prevail over- issu
preliminar-y E)r- final site development plan may modify, var-y or- w i I . . r-ement of the eet4ifieate of
appr-opr-iatefiess as issued by the ar-ehiteettwal Feview board "on finding that sueh aetion wotild b tte. se.
publie health or- sa��.
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 "l. 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 (10) days after the
submittal deadline.
1. Complete application: date deemed to be officially submitted. The date of the next application
deadline following the submittal of a complete application shall be deemed to be the date upon
which the application was officially submitted.
2. Incomplete application: notice to applicant. An application omitting information required by
section 30.6.7(a) shall be deemed to be incomplete and shall not be accepted. The agent shall
inform the applicant in writing of the reasons why he application was rejected as being
incomplete. If the agent does not deliver the notice within the ten (10) day period. the
ATTACHMENT B
Draft: 04/26/10
application shall be accented 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 ofamVication originally determined to be incomplete. Within fifteen (15) days after the
date the notice of rejection was mailed or delivered by the agent as provided in section 30.6.7(b), the
applicant may resubmit the application with all of the information required by section 30.6.7(a) together
with payment of the fee for the reinstatement of review. The date of the next application deadline
following the resubmittal of the application shall be deemed to be the date upon which the application
was officially submitted. If the applicant fails to resubmit the application within the fifteen (151 day
period, the application shall be deemed to be denied and a new application and fee shall be required to
submit the new application.
d. Resubmittal of revised application originally determined to be comvlete. During the review process of a
complete application, the director of planning (for county-wide certificates of appropriateness) or the
architectural review board may request further revisions to the application in order to find that the
application is consistent with the applicable design guidelines, or the applicant may revise the
application on its own initiative in the absence of such a request, subject to the following:
1. Reauest for revision. The director of planning or the architectural review board shall inform the
applicant in writing of the requested revisions to the application. The letter shall inform the
applicant that if it chooses to make some or all of the requested revisions, it shall notify the
director of planning within fifteen (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 (151 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 six (t 6period 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 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 and the sixty_ (60) day period in
which a decision must be made on the application shall recommence.
e. Notice ofsubmitted application. The director of planning shall send a notice to each member of the
board of supervisors, the commission and the architectural review board that an application has been
officially submitted. The notice shall be sent within five (5) days after the application is determined to
be complete. The notice shall provide the location of the development by street address and magisterial
district, identify the proposed use(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.
ATTACHMENT B
Draft: 04/26/10
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 he applicant
(collectively, the "decision date "l.
1. When application may be deemed avvroved. 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 (2 1) days after the receipt of the written demand, the application shall be deemed to be
as p
2. Notice if application deemed approved. If an application is deemed approved, the agent shall
send notice that the application was deemed approved to the applicant, the zoning administrator
and the county executive. The notice shall be sent within five (5) days after the expiration of the
twenty -one (2 1) day period in which the architectural review board had to act.
3. Consent to extend time for decision. The applicant may consent to extend the time for a
decision.
Decisions. The architectural review board shall review the application for consistencv with the
applicable design guidelines, exercising the authority granted by section 30.6. In making a decision on
an application for a certificate of appropriateness and other applications for review, the board shall
consider the recommendations of the agent. the statements and information provided by the applicant .
and any other information pertaining to the compliance of the application with the requirements of
section 30.6.
1. Issue or denv. In making a decision on an application for a certificate of appropriateness. the
board may issue the certificate of appropriateness and impose conditions and grant
modifications if it finds that the application is consistent with the applicable design guidelines_
or would be consistent with the applicable design guidelines subiect to conditions of approval or
specified modifications. The board shall send notice to the applicant of its decision on the final
review.
2. Recommendations. In lieu of issuing or denying a certificate of appropriateness. the board ma
make any recommendations it deems appropriate to the applicant to revise the application so
that it is consistent with the applicable design guidelines before the board acts to issue or deny
the application. If the time for a decision under section 30.6.7(f) would expire before the
application could be thereafter considered by the board, the board must obtain the applicant's
consent to extend the time for decision.
h. Period of validity of certificate of avoronriateness. 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 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.
i. Resubmittal ofsimilar denied application. An applicant may not submit an application that is
substantially the same as the denied application within one (11 year after the date of denial.
ATTACHMENT B
Draft: 04/26/10
i. Modes ofsending notices, letters and other writings. Notices, letters and other writings required by
subsections 30.6.7(b), (d), (e), (f) and (l shall be mailed to the identified recipients by first class mail,
be personally delivered to the applicant, or be sent by email.
See. 30.6.8 Appeals
The board of supetwiser-s r-eset=ves unto itself the fight to r-eview all deeisions of the ar-ehiteettifal Feview be
made in the administfation of sectio-m- -1 6.6- w-hieh, in its diser-efien, it shall deem neeessar-y to the pr-E)per-
administration hereof
demand a review of the application by the board of supervisors. Such demand shall be made by filing a request
therefor in writing with the clerk of the board of supervisors within ten (10) calendar- days of the date of sueh
issue a eertifleate of appropriateness if it finds that the facility is a public neeessity. In eonsidering an appeal-,
the board of supetwiser-s shall give due eensider-ation to the r-eeemmendations of the ar-ehiteetffal review beafd
together- with stieh other- evidenee as it deems neeessai:y for- a pr-O-Pef review of the appheation,
;414 P tfft Of the e0tffl�y f6r- r-eview by filing a petition at law, setting fefth the alleged
illegality of the aefien of the board of s avided stteh petition is filed wAin thit4y (30) days afte
f if ial deeisief i is f endef ed by dhe h- o The filing of said petition shall stay the deeision of the
board of s"efvisor-s pending the outeeme of the appeal to the eatt
For- the pufpeses of this seetion, the tem "per-son aggrieved" shall be limited to the applieant, the ar-chiteetufal
review board Ew any member- thereof-, the eoRunissien or- any member- thefeef-, the agent, the 9
A decision of the architectural review board on an application for a certificate of appropriateness and other
applications for review, and an application deemed approved under section 30.6.7(fl, may be appealed to the
board of supervisors as follows.
a. Persons and entities having right to appeal. An appeal may be filed b the he applicant, any person
aggrieved, the zoning administrator, or the county executive.
b. Written anneal required: timing for filing. An appeal shall be in writing and be filed with the clerk of
the board of supervisors within ten (10) days after the date of the architectural review board's decision
under section 30.6.7(g), or within ten (10) days after the date of the required notice if the application is
deemed approved under section 30.6.7(fl. The appeal shall state the grounds for the appeal.
C. Consideration of appeal by board ofsupervisors. The board of supervisors may affirm, reverse, or
modify in whole or in part the issuing, the issuing with conditions or modifications, or the denial of the
certificate of appropriateness. In so doing, the board shall give due consideration to the
recommendations of the architectural review board together with any other information it deems
necessary for a proper review of the appeal. 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
necessi
d. Anneal of board ofsunervisors' 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 alley
illegality, of the action of the board of supervisors. The petition shall be filed within thirty (301 days
after the date of the final decision.
ATTACHMENT B
Draft: 04/26/10
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. In addition:
a. Nothing in 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 under section 32. In their review of any
reliminary or final site plan, the agent or the commission may modify, vary or waive any term or
condition of a certificate of appropriateness upon finding that such action would better serve the public
health or safety: provided that the agent may modify_, vary or waive any such a term or condition only
after consulting with the building official, the county engineer, a representative of the department of fire
rescue or other public official who advises the agent that the public health or safety would be at risk if
the condition is not modified. varied or waived.
b. Nothing in section 30.6 shall be deemed to impair the authority of the zoning administrator under
section 31.4(d).
Go to next attachment
Return to exec summary
ATTACHMENT B