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HomeMy WebLinkAboutZTA200900009 Legacy Document 2010-05-14 (8)ENTRANCE CORRIDOR OVERLAY DISTRICT PROPOSED ZONING TEXT AMENDMENT Comparison of Original and Proposed Text ORIGINAL TEXT PROPOSED TEXT (4/26/10 draft) COMMENTS 1 30.6 ENTRANCE CORRIDOR 30.6.1 Purpose and intent OVERLAY DISTRICT - EC (Added 10- 3-90) 30.6.1 INTENT 2 The entrance corridor overlay district is The purpose of this section 30.6 is to implement the The original text in this section has intended to implement the comprehensive enabling authority in Virginia Code § 15.2- 2306(A) by been deleted. The new text establishes plan goal of protecting the county's natural, identifying those arterial streets and highways found to be a more direct link to the section of scenic and historic, architectural and significant routes of tourist access to the county and to Virginia Code that enables the cultural resources including preservation of designated historic landmarks, structures or districts creation of Entrance Corridors and to natural and scenic resources as the same within the county or in contiguous localities, and to establish a more direct link to may serve this purpose; to ensure a quality require that the erection, reconstruction, alteration or Albemarle's comprehensive plan. of development compatible with these restoration of structures, including signs, on parcels Additions include more direct resources through architectural control of contiguous to those streets and highways as provided reference to significant routes of development; to stabilize and improve herein, be architecturally compatible with those historic tourist access, identification of some property values; to protect and enhance the landmarks or structures. of the County's significant historic county's attractiveness to tourists and other resources, and references to the visitors; to sustain and enhance the The comprehensive plan provides that scenic resources applicable goals of the County's economic benefits accruing to the county contribute to the community's desirability as a place to comprehensive plan. from tourism; to support and stimulate live, enhance and protect property values, and contribute complimentary development appropriate to to the overall quality of life for the county's residents. Planning Commission discussion at the prominence afforded properties deemed The comprehensive plan also acknowledges that scenic the May 2009 work session suggested to be of historic, architectural or cultural resources are important to visitors as well as the county's adding "including but not limited to" significance, all of the foregoing being residents, and that visitors to the Blue Ridge Mountains prior to the list of the County's deemed to advance and promote the public and the county's rural historic structures gather a lasting historic landmarks to clarify that the health, safety and welfare of the citizens of impression of the county as they travel the county's scenic list included here is not complete. the county and visitors thereto. roadways. The significant routes of tourist access within the entrance corridor overlay district provide access to the county and to many of the county's historic landmarks, structures and districts including, but not limited to Monticello, the home of Thomas Jefferson, which is on the World Heritage List administered by the United Nations and a National Historic Landmark, Ash Lawn - Highland, the home of James Monroe, the University of Virginia, whose Rotunda is on the World Heritage List and a National Historic Landmark, and whose academical village is on the World Heritage List, a National Historic ATTACHMENT C ATTACHMENT C 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. 3 30.6.2 APPLICATION 30.6.2 Boundaries of the district 4 The entrance corridor overlay district is The entrance corridor overlay district is established upon The original text in this section has created to conserve elements of the county's and comprised of those parcels contiguous to significant been deleted and replaced with text scenic beauty and to preserve and protect routes of tourist access, regardless of the underlying that more specifically identifies how corridors: (i) along arterial streets or zoning district or the existence of other applicable overlay the boundaries of an EC Overlay highways designated as such pursuant to districts, as provided in section 30.6.2(b) as follows: District are established, particularly Title 33.1 of the Virginia Code found by the regarding contiguous parcels, parcels board of supervisors to be significant routes a. Significant routes of tourist access. (See next cell within 500' of the right -of -way, and of tourist access to the county; (ii) to down.) subdivided parcels. The new text historic landmarks as established by the outlines current practice, with the Virginia Landmarks Commission together b. Parcels contiguous to EC streets. Parcels contiguous to following exception. Text of the with any other buildings or structures within EC streets are: existing ordinance indicates that EC the county having an important historic, parcels are the parcels as they existed architectural or cultural interest and any 1. Parcels sharing boundary with an EC street on at the time the EC section of the historic areas within the county as defined reference date. Each parcel that had a boundary ordinance was adopted, which was by Virginia Code § 15.2 -2201; or (iii) to that was shared at any point with the right -of -way 1990. The proposed text revises this designated historic landmarks, buildings, of an EC street on one of the following applicable to parcels as they existed at the time structures or districts in any contiguous reference dates: (i) on October 3, 1990 for those the corresponding street was locality. parcels sharing a boundary with an EC street designated an Entrance Corridor; for ATTACHMENT C ATTACHMENT C a. An entrance corridor overlay district may identified in section 30.6.2(a)(1) through (16); (ii) example, Route 29 North in 1990 and be established over any basic zoning district on November 14, 1990 for those parcels sharing a East Rio Road in 2005. and /or any other overlay district, and upon boundary with an EC street identified in section the highways and their rights -of -way 30.6.2(a)(17) and (18); (iii) on April 12, 2000 for identified in subsection (c) (the "EC those parcels sharing a boundary with an EC street streets "), regardless of whether such EC identified in section 30.6.2(a)(19) and (20); and streets are otherwise within a zoning (iv) on November 2, 2005 for those parcels district. sharing a boundary with an EC street identified in b. Entrance corridor overlay districts are section 30.6.2(a)(21) (hereinafter, the "applicable hereby established upon the parcels of land reference date "). contiguous to the EC streets delineated in subsection (c), from the edge of the right -of- 2. Parcels not sharing boundary with an EC way to the greater of either: (i) the full street. Each parcel within five hundred (500) feet depth of the parcel, as the parcel existed on of the right -of -way of an EC street that did not the original adoption date of section 30.6; or share at any point a boundary with the right -of- (ii) a depth of five hundred (500) feet. 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: I. Parcels sharing boundary with an EC street on reference date. If the parcel shared a boundary with an EC street on the applicable reference date as provided in section 30.6.2(b)(1), the overlay district extends to the full depth of the parcel. 2. Parcels not sharing boundary with an EC street. If the parcel is within five hundred (500) feet of an EC street and did not share a boundary with an EC street on the applicable reference date as provided in section 30.6.2(b)(2), the overlay district extends to a depth of five hundred (500) feet from the right -of -way of the EC street. d. Effect of subsequent change to parcel boundaries. The ATTACHMENT C ATTACHMENT C 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. 5 c. Subject to subsection (b), entrance 30.6.2.a. Significant routes of tourist access. The There are no proposed changes to the corridor overlay districts are hereby following arterial streets and highway are found to be list of designated Entrance Corridors. established upon and along the following significant routes of tourist access and are hereinafter Street names have been added to the highways: referred to in section 30.6 as "EC streets ": list of route numbers for easier 1. U.S. Route 250 East. 1. U.S. Route 250 East (Richmond Road). identification, as requested by the 2. U.S. Route 29 North. 2. U.S. Route 29 North (Seminole Trail). ARB. 3. U.S. Route 29 South. 3. U.S. Route 29 South (Monacan Trail). 4. Virginia Route 20 South. 4. Virginia Route 20 South (Monticello Avenue and 5. Virginia Route 631 South from Scottsville Road). Charlottesville City limits to Route 708 and 5. Virginia Route 631 (5"' Street and Old Lynchburg from U.S. Route 29 North to Route 743. Road) from Charlottesville City limits to Route 708 (Amended 11- 14 -90; Amended 4- 12 -00) (Red Hill Road) and Virginia Route 631 (Rio Road 6. U.S. Route 250 West. West) from U.S. Route 29 North (Seminole Trail) to 7. Virginia Route 6. Route 743 ( Earlysville Road). 8. Virginia Route 151. 6. U.S. Route 250 West (Ivy Road and Rockfish Gap 9. Interstate Route 64. Turnpike). 10. Virginia Route 20 North. 7. Virginia Route 6 (Irish Road). 11. Virginia Route 22. 8. Virginia Route 151 (Critzers Shop Road). 12. Virginia Route 53. 9. Interstate Route 64. 13. Virginia Route 231. 10. Virginia Route 20 North (Stony Point Road). 14. Virginia Route 240. 11. Virginia Route 22 (Louisa Road). 15. U.S. Route 29 Business. 12. Virginia Route 53 (Thomas Jefferson Parkway). 16. U.S. Route 29/250 Bypass. 13. Virginia Route 231 (Gordonsville Road). 17. Virginia Route 654. (Added 11- 14 -90) 14. Virginia Route 240 (Three Notch'd Road). 18. Virginia Route 742. (Added 11- 14 -90) 15. U.S. Route 29 Business (Fontaine Avenue) 19. Virginia Route 649 from U.S. Route 29 16. U.S. Route 29/250 Bypass. North to Virginia Route 606. 17. Virginia Route 654 (Barracks Road). 20. Virginia Route 743 from U.S. Route 29 18. Virginia Route 742 (Avon Street). North to Virginia Route 676. 19. Virginia Route 649 (Airport Road) from U.S. Route 21. Virginia Route 631 from U.S. Route 29 29 North (Seminole Trail) to Virginia Route 606 North easterly to the Norfolk Southern (Dickerson Road). Railway tracks. 20. Virginia Route 743 (Hydraulic Road and Earlysville ATTACHMENT C ATTACHMENT C Road) from U.S. Route 29 North (Seminole Trail) to Virginia Route 676 (Woodlands Road). 21. Virginia Route 631 (Rio Road) from U.S. Route 29 North (Seminole Trail) easterly to the Norfolk Southern Railway tracks. 6 30.6.3 PERMITTED USES 30.6.3 Permitted uses and applicable standards 7 30.6.3.1 BY RIGHT Within the EC overlay district: No substantive change. The following uses shall be permitted by a. Uses. The following uses may be permitted within the right in any EC overlay district: EC overlay district in accordance with the applicable requirements of this section 30.6 and the underlying zoning district: 8 a. Uses permitted by right shall include all 1. By right. Uses permitted by right in the underlying No substantive change. uses permitted by right in the underlying zoning district shall be permitted by right in the EC districts except as herein otherwise overlay district, except as otherwise provided in provided. section 30.6. 9 30.6.3.2 BY SPECIAL USE PERMIT 2.By special use permit. The following uses shall be No substantive change. Each of the following uses are authorized permitted by special use permit in the EC overlay within the entrance corridor overlay district district: only by special use permit: 10 a. All uses authorized by special use permit a. Uses authorized by special use permit in the No substantive change. in the underlying districts; underlying zoning district. 11 b. Outdoor storage, display and/or sales b. Outdoor storage, display and/or sales serving or This text has been revised to clarify serving or associated with permitted uses, associated with a permitted uses, other than a that this section applies to outdoor any portion of which would be visible from residential, agricultural or forestal use, any portion storage, display and sales that are an EC street; provided that review shall be of which would be visible from the EC street to visible from the EC street to which limited to the intent of this section. which it is contiguous or from any other EC street the parcel is contiguous, or visible Residential, agricultural and forestal uses which is located within five hundred (500) feet; from an EC street that lies within shall be exempt from this provision. provided that review shall be limited to 500'. This section does not apply to determining whether the outdoor storage, display storage, display or sales outside these and/or sales is consistent with the applicable parameters, even if visible. design guidelines. Changes have also been made to clarify that the intent is to ensure that display is consistent with the EC guidelines and that the special use is compatible with the building. This text describes current practice. 12 c. The construction or location of any c. The construction or location of any structure, No substantive change. ATTACHMENT C ATTACHMENT C structure, including any subdivision sign or including any subdivision sign or sign identifying sign identifying a planned development as a planned development as provided in section provided in section 4.15.16(I) of this 4.15.16(I), upon the superjacent and subjacent chapter, upon the supedacent and subjacent airspace of an EC street that is not required for the airspace of an EC street that is not required purpose of travel or other public use by the for the purpose of travel or other public use Commonwealth of Virginia or other political by the Commonwealth of Virginia or other jurisdiction owning such street. political jurisdiction owning such street. 13 30.6.4 AREA AND BULK REGULATIONS; MINIMUM YARD AND SETBACK REQUIREMENTS; HEIGHT REGULATIONS; LANDSCAPING AND SCREENING; PRESERVATION OF NATURAL FEATURES 14 Area and bulk regulations, including options 30.6.3.b. Area and bulk and other regulations. The area In response to PC recommendations, for bonus factors (except where the and bulk, minimum yard and setback requirements, and the text regarding bonus factors has provisions of this section require provision maximum building height requirements of the underlying been updated to indicate that a CofA of improvements or design features for zoning district shall apply to all uses and structures in the condition cannot affect eligibility for which a bonus might otherwise be EC overlay district. a bonus factor. permitted) and rural preservation development, minimum yard, and setback 30.6.3.c. Bonus factors. A condition of a certificate of requirements, and height regulations shall appropriateness that requires improvements or design be as provided by the underlying district, features for which a bonus might otherwise be permitted except that the following provisions and under the applicable district regulations shall not affect the limitations shall apply to any development eligibility for the bonus. or portion thereof which shall be visible from a designated EC street. 15 30.6.4.1 A certificate of appropriateness is 30.6.4 Certificates of Appropriateness required for the following: 16 a. Except as otherwise provided in section The architectural review board is authorized to issue This section has been reworked to 30.6.6, no building permit shall be issued certificates of appropriateness for any structure, and clarify the types of improvements that for any purpose unless and until a certificate associated improvements, or any portion thereof, that are are subject to ARB review /approval. of appropriateness has been issued in accord visible from the EC street to which the parcel is It describes current practice. with section 30.6.7 or section 30.6.8 for contiguous, as follows: improvements subject to such building permit. a. Development requiring a certificate of appropriateness. The following developments ATTACHMENT C ATTACHMENT C b. Except as otherwise provided in section require a certificate of appropriateness: 30.6.6 and section 32.3.8, for any development subject to approval under 1. Building permits required. Each structure section 32.0, site development plan, no final and/or site improvement for which a building site development plan shall be approved by permit is required, even though it is not a the commission or be signed pursuant to development for which a site plan is required, section 32.4.3.6 unless and until a certificate unless the structure and/or site improvement of appropriateness has been issued in accord is exempt under section 30.6.5. No building with section 30.6.7 or section 30.6.8 for all permit shall be approved until the certificate buildings and improvements shown thereon. 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. 17 b. Types of certificates of appropriateness. The This section has been added to clarify architectural review board is authorized to issue the the various types of Certificates of following types of certificates of appropriateness: Appropriateness. It describes current practice. 1. Specific developments. For specific developments associated with one or more building permits or a single site plan. 18 2. Signs in a new multi - business complex or This section identifies comprehensive shopping center. For all of the signs in a new sign reviews as a type of CofA. It multi- business complex or shopping center, describes current practice. 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. 19 3. County -wide certificates of appropriateness. The new provision for countywide County-wide certificates of appropriateness CofAs is located here. This section ATTACHMENT C may be issued for classes of structures, sites, improvements, or architectural elements, subject to the applicable design criteria and procedures, as follows: a. Categories of structures, 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. S.Safety fencing and screening fencing. 6.New or replacement rooftop- mounted or ground- mounted equipment. 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 lists the categories of county -wide CofAs, the design criteria to be followed under a county -wide CofA, the method for determining compliance with a county -wide CofA, and the process for determining if a proposal satisfies the county -wide criteria. The categories (3a) were added at the request of the BOS at the March 3 work session. The categories include the types of development identified in the 2008 and 2009 joint meetings of the ARB, PC and BOS as potential candidates for county -wide CofAs, and some additional categories (fencing, lighting, equipment) for items that have more simplified design criteria. The design criteria (3b) were added following suggestions at the November PC work session that the parameters of the county -wide CofA should be defined in the ordinance. The design criteria include criteria that are already established in the EC Guidelines. They provide direction for establishing the parameters of county -wide CofAs. ATTACHMENT C ATTACHMENT C 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(k). 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 of compliance by director of planning. Once a county -wide certificate of appropriateness is issued, the director of planning is authorized to determine whether a particular structure, ATTACHMENT C ATTACHMENT C 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 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 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 requesting the determination of his decision. The person requesting the determination may either: (1) appeal the ATTACHMENT C ATTACHMENT C director's decision to the architectural review board by filing an appeal with the director within ten (10) days after the date of the director's notice of decision; or (2) file an application and proceed under sections 30.6.6 and 30.6.7. 2. By the board. If the board determines in its own review or on an appeal of the director's decision that the proposed structure, site, improvement or architectural element does not satisfy the specific design criteria of the county -wide certificate of appropriateness, the board shall send notice to the person requesting the determination of its decision. The person requesting the determination may either: (1) appeal the board's decision to the board of supervisors under the procedure in section 30.6.8(b), (c) and (d); or (2) file an application and proceed under sections 30.6.6 and 30.6.7. 20 The certificate of appropriateness shall be 30.6.4.e. Authority ofzoning administrator to determine No substantive change. binding upon the proposed development as compliance with certificate of appropriateness. The to conditions of issuance. The certificate zoning administrator is authorized to determine whether a shall certify that the proposed development development, including a sign, satisfies the terms and as may be modified by the conditions of conditions of the certificate of appropriateness. issuance is consistent with the design ATTACHMENT C ATTACHMENT C guidelines adopted by the board of supervisors for the specific EC street. Signature by the zoning administrator upon the final site development plan or building permit, as the case may be, shall be deemed to constitute such certification. 30.6.41 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. 21 In making such determination as to 30.6.4.c Authority to assure consistency with applicable This section provides additional detail consistency with design guidelines, the design guidelines. In determining whether a structure or regarding the features of buildings architectural review board may specify any associated improvements are consistent with the and sites that the ARB may address in architectural feature as to appearance, such applicable design guidelines, the architectural review its review. It is consistent with current as, but not limited to, motif and style, color, board may specify the following, which are in addition to practice. Some of this draft language texture and materials together with the requirements of the underlying zoning district or of was simplified at the request of the configuration, orientation and other section 32, provided that the board may not authorize any PC. limitations as to mass, shape, height and maximum standard to be exceeded, or any minimum location of buildings and structures, location standard to not be met: and configuration of parking areas and 1. Architectural features. The appearance of any landscaping and buffering requirements to architectural feature including, but not limited the extent such practices are authorized to, its form and style, color, texture and under the adopted design guidelines without materials. regard to regulations of the underlying zoning district or regulations of section 32.0 2. Size and arrangement ofstructures. The of this ordinance. (Amended 5- 18 -94) 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(b). 3. Location and configuration of parking areas and landscaping. The location and configuration of parking areas and landscaping and buffering requirements. ATTACHMENT C ATTACHMENT C 4. Landscaping measures. In addition to the requirements of section 32.7.9, landscaping measures determined to be appropriate to assure that the structures and associated improvements are consistent with the applicable design guidelines. 5. Preservation of existing vegetation and natural features. The preservation of existing trees, wooded areas and natural features. 6. Appearance of signs. In addition to the applicable requirements of section 4.15, the appropriate style, size, colors, materials, illumination and location of all proposed signs, and any other applicable design guidelines. Each application for a certificate of appropriateness for one or more signs shall be accompanied by a site plan or sketch plan that shows the location of all signs proposed to be erected on the lot or lots subject to the site plan or sketch plan. 7. Fencing. The location, type and color of all fencing, including safety fencing. 22 30.6.4.2 Regulations of section 32.7.9, 30.6.4.d. Authority to impose conditions to assure The text in this section has been landscaping and screening requirements, development is consistent with the applicable design simplified. shall apply within any EC overlay district guidelines. The architectural review board is authorized except that: to impose reasonable conditions in conjunction with any approved certificate of appropriateness to assure that the a. In addition to the provisions of section development is consistent with the applicable design 30.6.4.1, the architectural review board may guidelines. The architectural review board also is require specific landscaping measures in authorized to approve plans showing, or identifying in a issuance of a certificate of appropriateness, certificate of appropriateness, existing trees, wooded areas as the same may be related to insuring that and natural areas to be preserved, the limits of grading or the proposed development is consistent with other land disturbing activity including trenching and the design guidelines adopted by the board tunneling, in order to, among other things, protect existing ATTACHMENT C ATTACHMENT C of supervisors for the specific EC street. features, and grade changes requiring tree wells or tree walls. Existing trees, wooded areas and natural features shall be preserved except as necessary for location of improvements as described in section 32.5.6.n, provided that the architectural review board may authorize additional activity upon finding that such activity will equally or better serve the purposes of this ordinance. Such improvements shall be located so as to maximize the use of existing features in screening such improvements from EC streets to the extent such practices are authorized under the adopted design guidelines. b. The certificate of appropriateness shall indicate the existing features to be preserved pursuant to the preceding paragraph; the limits of grading or other earth disturbance (including trenching or tunneling); the location and type of protective fencing; and grade changes requiring tree wells or tree walls. 23 c. No grading or other earth disturbing 30.6.3.d. Grading or land disturbing activity. No grading As recommended by the Planning activity (including trenching or tunneling), or other land disturbing activity (including trenching or Commission, the words "designated except as necessary for the construction of tunneling), except as necessary for the construction of tree on the site plan to be preserved" have tree wells or tree walls, shall occur within wells or tree walls, shall occur within the drip line of any been added to this section to clarify the drip line of any trees or wooded areas trees or wooded areas designated on the site plan to be that all existing trees are not nor intrude upon any other existing features preserved, nor intrude upon any other existing features automatically required to be designated in the certificate of designated in the certificate of appropriateness for preserved. appropriateness for preservation. preservation. 24 d. Areas designated on approved plans for 30.6.3.f. Designating and protecting preserved features. No substantive changes. preservation of existing features shall be Areas on a site containing features to be preserved shall be clearly and visibly delineated on the site identified on approved site plans and building plans and prior to commencement of any grading or shall be clearly and visibly delineated on the site prior to other earth- disturbing activity (including commencing grading or other land disturbing activity, ATTACHMENT C ATTACHMENT C trenching or tunneling) and no such including trenching or tunneling. No grading, other land disturbing activity or grading or movement disturbing activity, or movement of heavy equipment shall of heavy equipment shall occur within such occur within the delineated areas. The visible delineation area. The visible delineation of all such of the boundaries of the areas to be preserved shall be existing features shall be maintained until maintained until a certificate of occupancy is issued by the the completion of development of the site. county. All features designated for preservation shall be protected during development. 25 In addition, an applicant for development 30.6.3.e. Method for preserving designated features. An The reference to the E &SC handbook subject to the provisions of section 30.6, applicant for a development subject to the provisions of has been updated. shall sign a conservation checklist approved section 30.6 shall sign a conservation checklist provided by the designated agent of the architectural by the director of planning or his or her designee (the review board to further ensure that the "director of planning ") specifying the method for specified existing features will be protected preserving the designated features, and the method shall during development. Except as otherwise conform to the specifications contained in Standard and expressly approved by the agent in a Specification 3.38 at pages III -393 through 111 -413 of the particular case, such checklist shall conform Virginia Erosion and Sediment Control Handbook; to specifications contained in the Virginia provided that the architectural review board, or the Erosion and Sediment Control Handbook, director of planning, may require alternative methods of pp III -284 through III -297. tree protection if greater protection is deemed necessary. 26 30.6.5 SIGNS In addition to the special use Signs are now addressed in 4.15 permit requirement for those signs (below) and 30.6.4 (above). identified in section 30.6.3.2, signs within the entrance corridor overlay district shall be subject to the regulations set forth in section 4.15 of this chapter. Notwithstanding any other provision of this section 30.6, the agent shall be authorized to issue certificates of appropriateness for eligible signs under section 4.15.15. For such qualifying signs, the provisions of sections 30.6.4.30.6.7 and 30.6.8 shall apply to the agent as it does to the architectural review board. 27 30.6.6 NONCONFORMITIES; This section was reworked as 30.6.5 EXEMPTIONS 30.6.6.1 Any use, activity, Exemptions. See below. lot or structure subject to the provisions of the EC overlay district which does not conform to the provisions of the EC overlay ATTACHMENT C ATTACHMENT C district shall be subject to section 6.0, nonconformities, of this ordinance. 28 30.6.6.2 REPAIR AND MAINTENANCE Repair and maintenance are addressed OF STRUCTURES An owner may repair under 30.6.5 Exemptions. See below. and maintain a nonconforming structure or a structure occupied or used by a nonconforming use as provided in Section 6.2(C), 6.3(A)(3) and 6.3(B) of this chapter, upon determination by the zoning administrator that such repair or maintenance would not be contrary to the intent and purposes of this section 30.6. 29 30.6.6.3 EXEMPTIONS (Added 5- 18 -94) 30.6.5 Development exempt from requirement to obtain certificate of appropriateness 30 The provisions of section 30.6.4.1 The following development is exempt from the The list of exemptions has been notwithstanding, no certificate of requirements of section 30.6: expanded to include: temporary appropriateness shall be required for the construction headquarters, temporary following activities: a. Primary and accessory dwelling units if no site plan is construction yards, temporary mobile a. The following exemptions shall apply to required by this chapter. homes, temporary signs, all buildings and structures: changes /repair /maintenance to b. Structures for agricultural or forestal uses if no site improvements that don't constitute a 1. Interior alterations to a building or plan is required by this chapter. substantial change in design, and sub- structure having no effect on exterior permits associated with building appearance of the building or structure. c. Temporary construction headquarters (section permits for which the main 5.1.18(a)), temporary construction yards (section construction permit has already been 2. Construction of ramps and other 5.1.18(b)), and temporary mobile homes (section 5.7). approved. Primary and accessory modifications to serve the handicapped in dwelling units have been added to the accord with section 4.9. d. Agricultural product signs, temporary signs and list. These additions would codify sandwich board signs. long - standing ARB practice. 3. The repair and maintenance of structures Agricultural products signs were authorized pursuant to section 30.6.6.2. e. The repair and maintenance of structures and site added as an exempt class of signs to (Amended 6- 14 -00) improvements where there is no substantial change in coordinate with the changes design or materials. proposed in the farm wineries and 4. Main and accessory residential, forestal farm stands /farm sales /farmers' and agricultural buildings where no site f. The repair and maintenance of nonconforming markets ZTAs recently reviewed by development plan is required for the work structures or site improvements as authorized by the BOS. subject to the building permit. section 6.3(B). The sub - permit exemption would ATTACHMENT C ATTACHMENT C 5. General maintenance where no g. Additions or modifications to structures or site eliminate duplicate review of permits substantial change in design or material is improvements where there is no substantial change in following issuance of a CofA. proposed. design or materials. Additional procedures will need to be established to take advantage of the 6. Additions or modifications to a building h. Additions or modifications to structures to the extent sub - permit provision. where no substantial change in design or necessary to comply with the minimum requirements material is proposed as determined by the of the Americans with Disabilities Act, the Fair The amendment adds "site zoning administrator. Housing Act, or any other similar federal or state law improvements" in sections e, f and g, providing for the reasonable accommodation of consistent with current practice. persons with disabilities. i. Additions or modifications to nonconforming structures as authorized by sections 6.3(A)(3) and 6.3(A)(5). j. 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. 31 30.6.7 ADMINISTRATION Sec. 30.6.6 Submittal, Sec. 30.6.7 Submittal, The "Administration" section has review and action on review and action on been expanded to outline submittal application; preliminary application; final review and review processes for both review preliminary and final EC applications, thereby eliminating inconsistencies in the current application procedure. (See the flow chart for a graphic representation of this submittal /review process.) 32 Section 30.6, entrance corridor overlay Applications for Applications for final The proposed text of section 30.6 district - EC, shall be administered by an preliminary review under review under section 30.6 outlines the submittal and review architectural review board created and section 30.6 shall be subject shall be subject to the process for preliminary applications. appointed by the board of supervisors of to the following: following: The proposed text of section 30.7 Albemarle County pursuant to section 34A, outlines the submittal and review architectural review board, of this process for final applications. ATTACHMENT C ATTACHMENT C ordinance. Sections 30.6 and 30.7 are very similar and are presented here side- comparison. 33 The architectural review board shall be a. Applications. An a.Applications. An Changes here allow the owner's agent responsible for issuance of certificates of application for preliminary application for final review to make application and require appropriateness as required by this section. review shall contain a shall contain a completed owner's written consent. The consent Application for a certificate of completed county - provided county- provided is a new requirement for EC appropriateness together with a fee as set application form and application form and applications, but is consistent with the forth in section 35.0, fees, of this ordinance supplemental information supplemental information requirements for other similar shall be filed by the owner or contract required by the director of required by the director of applications. The remainder of this purchaser of the subject property with the planning (the planning (the section describes current practice. zoning administrator. Materials submitted "application "). The "application "). The with the application or on subsequent application may be filed application may be filed by request by the architectural review board with the department of the owner, the owner's shall include all plans, maps, studies and community development by agent, or a contract reports which may be reasonably required to the owner, the owner's purchaser with the owner's make the determinations called for in the agent, or a contract written consent (the particular case, with sufficient copies for purchaser with the owner's "applicant"), with the necessary referrals and records. written consent (the department of community "applicant "). Eight (8) development. Eight (8) collated copies of the collated copies of the application and all other application and all other information required by the information required by the application form for a application form for a final preliminary review shall be review shall be filed. The filed. The application shall application shall be be accompanied by the fee accompanied by the fee required by section 35 at required by section 35 at the time of its filing. the time of its filing. 34 The zoning administrator shall forward the 30.6.6.e. Notice of 30.6.7.e. Notice of Changes in this section would application together with all accompanying submitted application. The submitted application. The simplify notification requirements by materials to the architectural review board director of planning shall director of planning shall allowing for electronic mailing of within five (5) calendar days of the date of send a notice to each send a notice to each such notification, which has been a application. member of the board of member of the board of long- standing practice. Changes also supervisors, the supervisors, the modify the notification procedure to Notice of application submittal shall be sent commission and the commission and the coordinate with the requirement for by first class mail to each member of the architectural review board architectural review board determining if an application is commission and board of supervisors. No that an application has been that an application has been complete. ATTACHMENT C ATTACHMENT C certificate of appropriateness shall be issued officially submitted. The officially submitted. The within ten (10) calendar days of the date of notice shall be sent within notice shall be sent within mailing of such notice. The notice shall five (5) days after the five (5) days after the state the type of use proposed, specific application is determined to application is determined to location of development, including be complete. The notice be complete. The notice magisterial district, appropriate county shall provide the location of shall provide the location of office where the application may be the development by street the development by street reviewed and date of the architectural address and magisterial address and magisterial review board meeting. district, identify the district, identify the proposed use(s), state that proposed use(s), state that the application may be the application may be reviewed in the offices of reviewed in the offices of the department of the department of community development, community development, and provide the date of the and provide the date of the architectural review board architectural review board meeting at which the meeting at which the application will be application will be considered. considered. 35 Upon receipt of an application, the 30.6.6.g. Recommendations 30.6.7.g. Decisions. The This section has been reworded and architectural review board shall schedule and decisions. The architectural review board expanded for consistency with the the same for hearing and shall cause such architectural review board shall review the application preliminary and final review notice to be sent as herein above required. shall review the application for consistency with the procedures outlined elsewhere in this The architectural review board shall confer for consistency with the applicable design draft. with the applicant and shall approve or applicable design guidelines, exercising the disapprove such application and, if guidelines as follows: authority granted by section approved, shall issue a certificate of 30.6. In making a decision appropriateness therefor, with or without 30.6 6.g.1.Recommendation on an application for a conditions together with such modifications and decision on certificate of as deemed necessary to insure compliance preliminary review. In appropriateness and other with this section. making its applications for review, the recommendations on board shall consider the applications for preliminary recommendations of the review, the board shall agent, the statements and consider the information provided by the recommendations of the applicant, and any other agent, the statements and information pertaining to information provided by the the compliance of the ATTACHMENT C ATTACHMENT C applicant, and any other application with the information pertaining to requirements of section the compliance of the 30.6. 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. 36 30.6.6.g.2. Decision as The ARB process is typically a two - action on final review. The step process, with a preliminary board, in its discretion, may review followed by a final review. determine that additional Occasionally, only a single review is review of the application is required by the ARB. This new text not necessary and make a clarifies that the ARB may take a decision on the application final action on a preliminary review. under section 30.6.7(g). 37 1.Issue or deny. In making This section has been reworded and a decision on an application expanded for consistency with the for a certificate of preliminary and final review appropriateness, the board procedures outlined elsewhere in this may issue the certificate of draft. appropriateness and impose conditions and grant modifications if it finds that the application is consistent with the applicable design guidelines, or would be consistent with the applicable design guidelines subject to conditions of approval or specified modifications. ATTACHMENT C ATTACHMENT C The board shall send notice to the applicant of its decision on the final review. 38 2.Recommendations. In This new text clarifies that with the lieu of issuing or denying a applicant's consent, the ARB can certificate of postpone approving or denying an appropriateness, the board application when additional revisions may make any would make the proposal consistent recommendations it deems with the guidelines. This describes appropriate to the applicant current practice. 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. 39 Failure of the architectural review board to 30.6.61. Time for decision. 30.6.7... Time for decision. This section clarifies that an approve or disapprove such application An application shall be An application shall be application must be acted on in 60 within sixty (60) days from the date of acted on within sixty (60) acted on within sixty (60) days, which is current practice, or application shall be deemed to constitute days after the date the days after the date the later at the applicant's approval of the application. original application was original application was request/agreement. officially submitted or by a officially submitted or by a later date requested by or later date requested by or agreed to by the applicant agreed to by the applicant (collectively, the "decision (collectively, the "decision date "). date "). 40 1. When application may be This section outlines specific steps deemed approved. If the required for approving a final decision date has passed application if the 60 -day review ATTACHMENT C ATTACHMENT C without the application period expires without the ARB being acted upon, the taking action. Although the review applicant may make a period rarely expires, staff recognizes written demand for action that in situations where significant that is delivered to the amounts of time have lapsed in director of planning. If the negotiation for changes, the applicant board fails to act on the could demand approval of the original application within twenty- proposal at the end of the 60 days. one (2 1) days after the The new provision would allow for receipt of the written ARB action in this situation. demand, the application shall be deemed to be Staff has requested this clarification approved. to address reviews that are extended due to the need for multiple rounds of 2.Notice if application revisions, or due to long periods of deemed approved. If an time that lapse between the end of the application is deemed comment period and the submittal of approved, the agent shall revisions. 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. 41 30.6.6.b. Determination of 30.6.7.b. Determination of This and the following several complete application; complete application; sections are all new text intended to rejection of incomplete rejection of incomplete address concerns of staff and the application. An application application. An application ARB related to the acceptance and ATTACHMENT C ATTACHMENT C that provides the that provides the review of incomplete applications. information required by information required by These sections outline the specific section 30.6.6(a) shall be section 30.6.7(a) shall be steps to be taken for processing accepted for review and accepted for review and complete and incomplete decision. The agent shall decision. The agent shall applications, and for re- submitted make a determination as to make a determination as to applications. The new text is intended whether an application is whether an application is to encourage the submittal of complete within ten (10) complete within ten (10) complete applications, and to days after the submittal days after the submittal eliminate time wasted in the review of deadline. deadline. incomplete applications. 1. Complete application; 1.Complete application; This section clarifies the official date deemed to be officially date deemed to be officially submittal date. submitted. The date of the submitted. The date of the next application deadline next application deadline following the submittal of a following the submittal of a complete application shall complete application shall be deemed to be the date be deemed to be the date upon which the application upon which the application was officially submitted. was officially submitted. 42 2. Incomplete application; 2.Incomplete application; This section allows incomplete notice to applicant. An notice to applicant. An applications to be rejected and application omitting application omitting outlines the steps necessary for doing information required by information required by so. It requires that the applicant be section 30.6.6(a) shall be section 30.6.7(a) shall be notified within 10 days of the deemed to be incomplete deemed to be incomplete submittal deadline. and shall not be accepted. and shall not be accepted. The agent shall inform the The agent shall inform the applicant in writing of the applicant in writing of the reasons why the application reasons why the application was rejected as being was rejected as being incomplete. If the agent incomplete. If the agent does not deliver the notice does not deliver the notice within the ten (10) day within the ten (10) day period, the application shall period, the application shall be accepted for review, be accepted for review, provided that the agent may provided that the agent may require the applicant to later require the applicant to later ATTACHMENT C ATTACHMENT C 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. 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. 43 30.6.6. c. Resubmittal of 30.6.7.c. Resubmittal of This section outlines the steps application originally application originally required for accepting resubmitted determined to be determined to be applications that were originally incomplete. Within fifteen incomplete. Within fifteen incomplete. It allows the applicant 15 (15) days after the date the (15) days after the date the days to submit a complete notice of rejection was notice of rejection was application, and it requires a mailed or delivered by the mailed or delivered by the reinstatement fee. It moves the agent as provided in section agent as provided in section official submittal date to correspond 30.6.6(b), the applicant may 30.6.7(b), the applicant may with the resubmittal date and it allows resubmit the application resubmit the application for denial of the application if with all of the information with all of the information resubmittal is not made within the 15 required by section required by section days. 30.6.6(a) together with 30.6.7(a) together with payment of the fee for the payment of the fee for the reinstatement of review. reinstatement of review. The date of the next The date of the next application deadline application deadline following the resubmittal of following the resubmittal of the application shall be the application shall be deemed to be the date upon deemed to be the date upon which the application was which the application was officially submitted. If the officially submitted. If the applicant fails to resubmit applicant fails to resubmit the application within the the application within the fifteen (15) day period, the fifteen (15) day period, the application shall be deemed application shall be deemed ATTACHMENT C ATTACHMENT C to be denied and a new application and fee shall be required to submit the new application. to be denied and a new application and fee shall be required to submit the new application. 44 30.6.6.d. Resubmittal of 30.6.7.d. Resubmittal of This section clarifies the process to be revised application revised application followed when additional information originally determined to be originally determined to be or revisions are submitted for an complete. During the complete. During the application that has been determined review process of a review process of a to be complete. This situation would complete application, the complete application, the occur when all submittal materials director of planning (for director of planning (for have been provided, but staff has county -wide certificates of county -wide certificates of identified aspects of the proposal that appropriateness) or the appropriateness) or the don't meet the EC Guidelines. architectural review board architectural review board may request further may request further This section requires the suspension revisions to the application revisions to the application of the 60 -day review period if the in order to find that the in order to find that the applicant chooses to provide application is consistent application is consistent revisions. But, these provisions also with the applicable design with the applicable design allow the applicant to choose not to guidelines, or the applicant guidelines, or the applicant provide the revisions and remain on may revise the application may revise the application the original review schedule, which on its own initiative in the on its own initiative in the addresses Planning Commission absence of such a request, absence of such a request, concerns about maintaining some subject to the following: subject to the following: flexibility in stopping the review clock, balanced with the need to keep 1.Request for revision. The 1.Request for revision. The the review process moving forward. director of planning or the director of planning or the architectural review board architectural review board shall inform the applicant in shall inform the applicant in writing of the requested writing of the requested revisions to the application. revisions to the application. The letter shall inform the The letter shall inform the applicant that if it chooses applicant that if it chooses to make some or all of the to make some or all of the requested revisions, it shall requested revisions, it shall notify the director of notify the director of planning within fifteen (15) planning within fifteen (15) days of the date of the days of the date of the ATTACHMENT C writing. The letter shall also inform the applicant that it may choose to proceed to action on the application without further revisions, and request that the applicant notify the director of planning within fifteen (15) days of the date of the letter if it desires to do so. The failure of the applicant to respond to the letter shall be presumed to be a request by the applicant to proceed to action on the application without further revisions, provided that an untimely notification by the applicant that it desires to make some or all of the requested revisions shall not preclude the applicant from doing so. 2.Revision on applicant's initiative. The applicant may revise the application at any time, provided that the applicant should inform the director of planning of it doing so when that decision is made. 3.Suspension of decision date. The receipt by the director of planning of a writing from the applicant stating that it will revise its writing. The letter shall also inform the applicant that it may choose to proceed to action on the application without further revisions, and request that the applicant notify the director of planning within fifteen (15) days of the date of the letter if it desires to do so. The failure of the applicant to respond to the letter shall be presumed to be a request by the applicant to proceed to action on the application without further revisions, provided that an untimely notification by the applicant that it desires to make some or all of the requested revisions shall not preclude the applicant from doing so. 2.Revision on applicant's initiative. The applicant may revise the application at any time, provided that the applicant should inform the director of planning of it doing so when that decision is made. 3.Suspension of decision date. The receipt by the director of planning of a writing from the applicant stating that it will revise its ATTACHMENT C ATTACHMENT C application shall suspend application shall suspend the sixty (60) day period in the sixty (60) day period in which a decision must be which a decision must be made on the application made on the application under subsection 30.6.6(f). under subsection 30.6.7(f). 4.Date revised application 4.Date revised application deemed to be officially deemed to be officially resubmitted. The date of resubmitted. The date of the next application the next application deadline following the deadline following the resubmittal of a revised and resubmittal of a revised and complete application shall complete application shall be deemed to be the date be deemed to be the date upon which the application upon which the application was officially resubmitted was officially resubmitted and the sixty (60) day and the sixty (60) day period in which a decision period in which a decision must be made on the must be made on the application shall application shall recommence. recommence. 45 30.6 6 h.Modes ofsending 30.6.7.j.Modes ofsending These sections have been added for notices, letters and other notices, letters and other clarification regarding the method of writings. Notices, letters writings. Notices, letters sending correspondence. It allows for and other writings required and other writings required email, which is already standard by subsections 30.6.6(b), by subsections 30.6.7(b), practice. (d), (e) and (g) shall be (d), (e), and (g) shall be mailed to the identified mailed to the identified recipients by first class recipients by first class mail, be personally mail, be personally delivered to the applicant, delivered to the applicant, or be sent by email. or be sent by email. 46 30.6.7.h. Period of validity This is all new text. It addresses of certificate of staff's request for the addition of a appropriateness. A provision for expiration of CofAs to certificate of accommodate updates to guidelines appropriateness shall be and policies. It aligns the period of valid for the same period validity for an ARB approval with ATTACHMENT C ATTACHMENT C that the site plan is valid or, that of a site plan, as recommended if no site plan is required by the Planning Commission and the for the structure or site ARB. It also allows the applicant to improvements, for three (3) request an extension of the approval. 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. 47 i. Resubmittal ofsimilar This is new text added at staff's denied application. An request to limit re- hearing of denied applicant may not submit proposals. ATTACHMENT C ATTACHMENT C an application that is substantially the same as the denied application within one (1) year after the date of denial. 48 30.6.6.i.Application This section has been added so that defined. For the purposes the proposed review timeline applies of sections 30.6.6 and to all types of EC submittals that 30.6.7, the term require review. "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. 49 (30.6.7 cont.) Nothing contained in section Sec. 30.6.9 Public health or safety considered Changes in this section clarify the 30.6, entrance corridor overlay district - EC, relationship between EC requirements shall be deemed to compromise, limit, or Where the public health or safety and any requirement of and public health/safety issues. At the otherwise impair the commission in its this section 30.6 or any term or condition of a certificate recommendation of the PC, new text exercise of preliminary or final site of appropriateness conflict, the public health or safety specifies that an ARB condition may development plan review as set forth in shall prevail. In addition: be waived for public health/safety section 32.0, site development plan, of this reasons only after consultation with ordinance. It is the express intent of the Nothing in section 30.6 shall be deemed to compromise, the building official, the county board of supervisors that matters related to limit, or otherwise impair the agent or the commission in engineer, a representative of public health and safety as may be defined their review of a preliminary or final site plan under fire /rescue, etc. by the commission shall prevail over issues section 32. In their review of any preliminary or final site of aesthetics as may be defined by the plan, the agent or the commission may modify, vary or The last sentence of this section was architectural review board. Therefore, the waive any term or condition of a certificate of added to clarify that improvements commission in its review of any preliminary appropriateness upon finding that such action would better required by the Zoning or final site development plan may modify, serve the public health or safety, provided that the agent Administrator to protect the public vary or waive any requirement of the may modify, vary or waive such a term or condition only health or safety prior to issuing a certificate of appropriateness as issued by after consulting with the building official, the county Certificate of Occupancy under the architectural review board upon finding engineer, a representative of the department of fire rescue 31.4(d) are not subject to ARB that such action would better serve the or other public official who advises the agent that the approval. ATTACHMENT C ATTACHMENT C public health or safety. public health or safety would be at risk if the condition is not modified, varied or waived. Nothing in section 30.6 shall be deemed to impair the authority of the zoning administrator under section 31.4(d). 50 30.6.8 APPEALS Sec. 30.6.8 Appeals 51 The board of supervisors reserves unto itself A decision of the architectural review board on an This section generated discussion at the right to review all decisions of the application for a certificate of appropriateness and other the PC. Currently, the ARB, PC and architectural review board made in the applications for review, and an application deemed BOS members can appeal a decision administration of section 30.6 which, in its approved under section 30.6.7(f), may be appealed to the of the ARB. This practice is not discretion, it shall deem necessary to the board of supervisors as follows: consistent with other comparable proper administration hereof. appeal provisions. Revised text in this a.Persons and entities having right to appeal. An appeal section provides for appeal by the Any person aggrieved by any decision of may be filed by the applicant, any person aggrieved, the applicant, aggrieved persons, the the architectural review board in the zoning administrator, or the county executive. zoning administrator and the county administration of this section may demand a executive. The other provisions of review of the application by the board of b. Written appeal required; timing for filing. An appeal this section haven't changed. supervisors. Such demand shall be made by shall be in writing and be filed with the clerk of the board filing a request therefore in writing with the of supervisors within ten (10) days after the date of the clerk of the board of supervisors within ten architectural review board's decision under section (10) calendar days of the date of such 30.6.7(f), or within ten (10) days after the date of the decision. The board of supervisors may required notice if the application is deemed approved affirm, reverse or modify, in whole or in under section 30.6.7(f). The appeal shall state the grounds part, the decision of the architectural review for the appeal. board. When considering an appeal pertaining to a public safety facility, the c.Consideration of appeal by board of supervisors. The board may issue a certificate of board of supervisors may affirm, reverse, or modify in appropriateness if it finds that the facility is whole or in part the issuing, the issuing with conditions or a public necessity. In considering an appeal, modifications, or the denial of the certificate of the board of supervisors shall give due appropriateness. In so doing, the board shall give due consideration to the recommendations of the consideration to the recommendations of the architectural architectural review board together with review board together with any other information it deems such other evidence as it deems necessary necessary for a proper review of the appeal. When for a proper review of the application. considering an appeal pertaining to a public safety facility, the board may issue a certificate of appropriateness if it Any person or persons jointly or severally finds that the facility is a public necessity. aggrieved by any decision of the board of ATTACHMENT C ATTACHMENT C supervisors may appeal such decision to the d. Appeal of board ofsupervisors' decision. The applicant circuit court of the county for review by or any person aggrieved may appeal the final decision of filing a petition at law, setting forth the the board of supervisors to the circuit court by filing a alleged illegality of the action of the board petition setting forth the alleged illegality of the action of of supervisors, provided such petition is the board of supervisors. The petition shall be filed within filed within thirty (30) days after the final thirty (30) days after the date of the final decision. decision is rendered by the board of supervisors. The filing of said petition shall stay the decision of the board of supervisors pending the outcome of the appeal to the court. For the purposes of this section, the term "person aggrieved" shall be limited to the applicant, the architectural review board or any member thereof, the commission or any member thereof, the agent, the zoning administrator, the county executive, the board of supervisors or any member thereof. 52 Sec. 3.1 Definitions Certificate of appropriateness: A decision made by the The Planning Commission asked that architectural review board or, on appeal, by the board of a definition be provided for the supervisors, certifying that a proposed structure and/or site county -wide CofA. The CofA and c- improvements located within the entrance corridor overlay wCofA definitions are being added district, as may be modified by terms and conditions of the for clarity. The county -wide CofA is a certificate, are consistent with the applicable design new approach to reviewing EC guidelines. applications. It would allow similar classes of structures /improvements to Certificate of appropriateness, county -wide: A decision be reviewed/approved by staff made by the architectural review board establishing without being heard at an ARB specific design criteria consistent with applicable design meeting, if criteria previously guidelines for a class of structures, sites, improvements, or outlined by the ARB for that specific architectural elements. The decision applies to any type of improvement or structure have structure, site, improvement or architectural element been met. Some examples of within that class that complies with the specific design structures and improvements for criteria. which the c -wCofA might be utilized include: telecommunications facilities, buildings located 2000' or more from the EC, and minor ATTACHMENT C ATTACHMENT C alterations to buildings and landscaping. 53 Nonconforming Structure: The term Nonconforming Structure: The term "nonconforming The "nonconforming structure" "nonconforming structure" means a lawful structure" means a lawful structure existing on the definition is being revised to clarify structure existing on the effective date of effective date of the zoning regulations applicable to the that it pertains to overlay districts. the zoning regulations applicable to the district, including any overlay district, in which the district in which the structure is located, that structure is located, that does not comply with the does not comply with the minimum minimum applicable bulk, height, setback, floor area or applicable bulk, height, setback, floor area other structure requirements of that district. or other structure requirements of that district. 54 Sec. 4.15.15 Signs - Regulations Sec. 4.15.15 Signs - Regulations applicable in the applicable in the entrance corridor entrance corridor overlay district overlay district 55 In addition to all other regulations set forth In addition to all other regulations set forth in this section This text has been revised to clarify in this section 4.15, the following 4.15, the following regulations shall apply within the that it doesn't apply to signs that are regulations shall apply within the entrance entrance corridor overlay zoning district: exempt under 30.6.5. corridor overlay zoning district: a. Certificate of appropriateness required. Prior to the a. Certificate of appropriateness required. erection of a sign that would be visible from an entrance Prior to the erection of a sign that would be corridor street, including a sign erected on or visible visible from an entrance corridor street, through a window on a structure, the owner or lessee of including a sign erected on or visible the lot on which the sign will be located shall obtain a through a window on a structure, the owner certificate of appropriateness for that sign unless the sign or lessee of the lot on which the sign will be is exempt under section 30.6.5. located shall obtain a certificate of appropriateness for that sign. 56 b. Authority and procedure for acting upon b.Authority and procedure for acting upon application for No substantive change. application for certificate of certificate of appropriateness. The authority and appropriateness. The authority and procedure for acting upon an application for a certificate procedure for acting upon an application for of appropriateness for a sign shall be as set forth in section a certificate of appropriateness for a sign 30.6. shall be as set forth in sections 30.6.4, 30.6.7 and 30.6.8 of this chapter, and as follows: 57 1. The agent is authorized to review and act The current language in this section upon an application for a certificate of of the ordinance allows staff to appropriateness for a sign if the sign will process most sign applications ATTACHMENT C ATTACHMENT C not require a variance and the sign: (i) will without forwarding them to the ARB either not be internally illuminated or will for review. In the proposed draft, be internally illuminated with an opaque most of this language is deleted. The background; (ii) will replace an existing current practice of staff review of sign sign that will be substantially the same as applications will be able to continue the existing sign; or (iii) will be in a multi- after a county -wide Certificate of business complex or shopping center, the Appropriateness is processed. The architectural review board has completed its county -wide certificate will identify comprehensive sign review therefore and the criteria by which the application the sign will meet all of the requirements must be reviewed/approved, including established by the architectural review the criteria outlined in the current text board during its review. The agent may of the ordinance. Signs in shopping require that a sign otherwise eligible for centers are also addressed in review by the agent be reviewed by the 30.6.4.b.2. architectural review board. 2. The architectural review board shall review and act upon an application for a certificate of appropriateness for each sign that is not eligible for review by the agent as provided in subsection (B)(1), or that is referred to the architectural review board by the agent. 58 3. Each application for a certificate of 30.6.4.c.6. Appearance of signs. In addition to the No substantive change. appropriateness shall be accompanied by a applicable requirements of section 4.15, the appropriate site plan that shows the location of all signs style, size, colors, materials, illumination and location of proposed to be erected on the lot or lots all proposed signs, and any other applicable design subject to the site plan. guidelines. Each application for a certificate of c. Scope of review and authority to impose appropriateness for one or more signs shall be conditions. Each application for a certificate accompanied by a site plan or sketch plan that shows the of appropriateness for a sign shall be location of all signs proposed to be erected on the lot or reviewed for consistency with the purposes lots subject to the site plan or sketch plan. and requirements of this section 4.15 and the architectural review board's design guidelines, and conditions may be imposed upon the certificate of appropriateness to assure such consistency, including but not limited to conditions minimizing window signs. ATTACHMENT C 59 d. Comprehensive sign review. For each 30.6.4.b.2.Signs in a new multi - business complex or No substantive change. proposed new multi- business complex or shopping center. For all of the signs in a new multi - shopping center, the architectural review business complex or shopping center, where the board shall conduct a comprehensive sign architectural review board first conducts a comprehensive review prior to issuing a certificate of sign review. Once a certificate of appropriateness for appropriateness. The review shall include, signs in a new multi- business complex or shopping center but not be limited to, a review and is issued, the director of planning is authorized to determination of the appropriate style, size, determine whether a particular sign satisfies the conditions colors, materials, illumination and location of the certificate of appropriateness. of all proposed signs, and any other provisions of the architectural review board's design guidelines. 60 4.15.15.c. Opaque backgrounds. All internally The EC sign design guidelines have illuminated box -style and cabinet -style signs shall have an included a guideline for opaque opaque background. backgrounds for internally illuminated cabinet signs since 2004, and the ARB consistently required opaque backgrounds for such signs prior to 2004. The proposed changes in these sections codify this requirement. Both staff and the ARB have requested this change to facilitate sign review and approval. Return to exec summary ATTACHMENT C