HomeMy WebLinkAboutZTA200900018 Legacy Document 2010-05-28 (3)ORDINANCE NO. 10 -18(4)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE,
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, Article III, District Regulations, and Article IV,
Procedure, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1
Definitions
Sec. 4.15.5
Signs authorized by special use permit
Sec. 4.15.6
Signs exempt from the sign permit requirement
Sec. 10.2.1
By right
Sec. 10.2.2
By special use permit
Sec. 11.3.1
By right uses
Sec. 11.3.2
By special use permit
Sec. 12.2.1
By right
Sec. 12.2.2
By special use permit
Sec. 13.2.2
By special use permit
Sec. 14.2.2
By special use permit
Sec. 15.2.2
By special use permit
Sec. 16.2.2
By special use permit
Sec. 17.2.2
By special use permit
Sec. 18.2.2
By special use permit
Sec. 19.3.2
By special use permit
Sec. 20.3.2
By special use permit
Sec. 20A.6
By right
Sec. 2013.2
By right
Sec. 22.2.1
By right
Sec. 23.2.1
By right
Sec. 24.2.1
By right
Sec. 27.2.1
By right
Sec. 27.2.2
By special use permit
Sec. 28.2.1
By right
Sec. 28.2.2
By special use permit
Sec. 35
Fees
By Repealing:
Sec. 5.1.19 Wayside stands
Sec. 5.1.35 Farm sales
Sec. 5.1.36 Farmer's market
By Adding:
Sec. 5.1.47 Farm stands, farm sales and farmers' markets
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
Accessory merchandise: Non - agricultural merchandise that is subordinate and customarily incidental to the
agricultural products sold at a farm sales use or a farmers' market such as pottery, baskets, canning jars,
pumpkin carving kits, wreath making supplies, floral arranging supplies, garden accessories, hand tools for
gardening and handmade crafts. For the purposes of this definition, farm machinery and equipment (except
hand tools), building materials, furniture, and other similar items are not subordinate merchandise.
Agriculture: Horticulture, viticulture, silviculture or other gardening which may involve the tilling of soil for
the raising of crops; the keeping of livestock and/or poultry; and/or agricultural industries or businesses, such as,
but not limited to, orchards, fruit packing plants, dairies, nurseries, farm sales, farm stands and farmers' markets.
(Amended 12 -2 -87)
Farm Sales: The sale of agricultural products, value -added products and accessory merchandise on a farm,
either outdoors or within a temporary or permanent structure, where the vendor selling the products and
merchandise is engaged in production agriculture on the farm on which the farm sales use is located. (Added 10-
11-95)
Farm Stand: The sale of local agricultural products and value -added products, either outdoors or within a
temporary or permanent structure, where the vendor selling the products is engaged in production agriculture in
Albemarle County, but not on the lot on which the farm stand is located.
Farmers' Market: The sale of agricultural products, value -added products, and accessory merchandise either
outdoors or within a temporary or permanent structure by two (2) or more vendors in the rural areas (RA)
zoning district or by one or more vendors in any other zoning district where the use is allowed, where each
vendor selling the products and merchandise is engaged in production agriculture in Albemarle County
regardless of whether it is on or not on the lot on which the farmers' market is located. (Added 10- 11 -95)
Local agricultural products: Agricultural products grown or produced in Albemarle County or its abutting
localities.
Value -added products: Raw agricultural products that have been altered to enhance their value through baking,
bottling, canning, carving, churning, cleaning, drying, freezing, weaving, or other similar processes.
Article II. Basic Regulations
Sec. 4.15.5 Signs authorized by special use permit
Except as provided in subsection (d), electric message signs, off -site signs, and signs in public rights -of -way
may be authorized only by special use permit, as provided herein:
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a. Circumstances under which signs may be authorized. The signs may be authorized only under the
following circumstances:
Off -site signs. Off -site signs may be authorized by special use permit within any zoning district.
2. Electric message signs. Electric message signs may be authorized by special use permit within
any commercial or industrial zoning district, or any commercially designated areas of a planned
unit development.
Signs in public rights -of -way. Signs in public rights -of -way; provided: (1) the subdivision or
planned development to which the sign pertains abuts the public right -of -way; (2) the sign is
either a subdivision sign or a sign identifying a planned development authorized by sections 19,
20, 25, 25A, and 29; (3) the freestanding sign regulations, other than setback regulations,
applicable to the lot with the use to which the sign pertains shall apply; and (4) if the sign is
located within an entrance corridor overlay district, a certificate of appropriateness is issued by
the architectural review board.
b. Authority. The authority to issue a special use permit for off -site signs and electric message signs is
hereby granted to the board of zoning appeals.
Procedure and administration. The application procedure, the findings and conditions to be applied by
the board of zoning appeals when considering an application for a special use permit, and the authority
to revoke such a permit, shall be as provided in section 31.6 of this chapter. In addition to the
foregoing:
1. For an off -site sign, the board of zoning appeals shall also find that the issuance of a special use
permit is necessary because an on -site sign would be ineffective to communicate its message
off -site because of topography or vegetation.
2. For an electric message sign, the board of zoning appeals shall also find that the sign complies
with all applicable state laws for such signs.
A permit number for each special use permit issued for an off -site sign shall be affixed to the
sign in a conspicuous place.
d. Exception; certain off -site signs. A special use permit shall not be required for off -site directional,
political, subdivision or temporary signs, and off -site agricultural product signs, except for those
advertising a farmers' market in any zoning district other than the Rural Areas, Monticello Historic
District, and the Village Residential zoning districts, provided that their number does not exceed two (2)
and they do not exceed an aggregate of thirty-two (32) square feet in sign area, and further provided that
any agricultural product sign advertising a farmers' market in the Rural Areas, Monticello Historic
District, or the Village Residential zoning districts is posted within that particular zoning district.
(12- 10 -80; 7 -8 -92, § 4.15.05; Ord. 01- 18(3), 5 -9 -01)
State law reference — Va. Code §§ 15.2 -2280, 15.2 -2286.
Sec. 4.15.6 Signs exempt from the sign permit requirement
The following signs are exempt from the sign permit requirement set forth in section 4.15.4 provided that they
comply with the regulations set forth below and all other applicable regulations of this section 4.15:
(1) Agricultural product sign, on -site. One or two on -site agricultural product signs that do not exceed an
aggregate of thirty-two (32) square feet in sign area. (Added 3- 16 -05)
(2) Auction sign. An auction sign that does not exceed four (4) square feet in sign area, and which is posted
for a total of thirty (30) days or less in a calendar year. Such an auction sign shall be removed within
seven (7) days after date of the auction.
(3) Commemorative plaque. A commemorative plaque that does not exceed four (4) square feet in sign
area.
(4) Construction sign. A construction sign that does not exceed thirty-two (32) square feet in sign area.
Such a construction sign shall be removed within seven (7) days after issuance of a certificate of
occupancy.
(5) Estate sign. An estate sign that does not exceed four (4) square feet in sign area.
(6) Farm sign. A farm sign that does not include commercial identification and does not exceed four (4)
square feet in sign area.
(7) Home occupation class B sign. A home occupation class B sign that does not exceed four (4) square
feet in sign area.
(8) Incidental sign. An incidental sign that does not exceed four (4) square feet in sign area.
(9) Political sign. One or more political signs that do not exceed the maximum sign area allowed for the
physical type of the sign (e.g., freestanding, wall) within the applicable zoning district.
(10) Private drive sign. A private drive sign that does not exceed four (4) square feet in sign area, limited to
one such sign per entrance.
(11) Public sign. A public sign.
(12) Residence sign. A residence sign that does not exceed four (4) square feet in sign area.
(13) Residential sign. One or more residential signs that are not illuminated signs and do not exceed thirty-
two (32) square feet in cumulative sign area.
(14) Special decorative display. A special decorative display used for holidays or public events, and which
is displayed for a total of sixty (60) days or less in a calendar year. Such a display shall be removed
within seven (7) days of said event.
(15) Temporary directional sign. A temporary directional sign that is erected no closer than five (5) feet
from a front lot line and does not exceed four (4) square feet in sign area.
(16) Real estate sign. A real estate sign that does not exceed thirty-two (32) square feet in sign area. Such a
real estate sign shall be removed from the site within seven (7) days of sale, lease or rental.
(17) Warning sign. A warning sign that is erected by a private landowner and does not exceed four (4)
square feet in sign area.
(18) Window sign. A permanent window sign, provided that it does not exceed twenty -five percent (25 %) of
the total area of the window or door on which it is located, and the aggregate area of all window signs
on each window or door does not exceed twenty -five percent (25 %) of the total area of the window and
door; and further provided that if a permanent window sign will be on a structure within the entrance
corridor overlay district and the window sign is visible from an entrance corridor overlay street, that the
aggregate area of all window signs shall not exceed nine (9) square feet per business and that a
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certificate of appropriateness for the window sign is obtained as provided in section 4.15.15. (Amended
3- 16 -05)
(19) Commercial flag. A commercial flag, subject to the following: (i) not more than one (1) flag may be
flown on a lot, provided that if the lot is four (4) acres or larger, then one (1) additional flag may be
flown; (ii) the flag shall not exceed twenty -four (24) square feet in size; and (iii) the flag shall be flown
on a flag pole and, if two (2) flags may be flown, they may either be on the same or on separate flag
poles. (Added 3- 16 -05)
(20) Noncommercial flag. A noncommercial flag, subject to the following: (i) the flag shall not exceed
twenty -four (24) square feet in size; (ii) on commercial, institutional and industrial lots, the flag shall be
displayed only on privately owned light posts and shall be installed in a manner so that it remains taut
and flapping and movement is minimized; and (iii) on residential and agricultural lots, the flag shall be
displayed from a mount on a dwelling unit or other permitted primary or accessory structure, a flag pole,
a mast, or suspended from a fixed structure, rope, wire, string or cable. (Added 3- 16 -05)
(21) Advertising vehicle. An advertising vehicle in which none of the prohibited conditions delineated in
section 4.15.7(c)(2)(ii) or (iii) exist that is: (i) used as transportation for the business; and (ii) parked in
an approved parking space or parking area that serves the advertised business, or temporarily parked at
another business to actively receive or provide goods or services, such as to load or unload goods,
provide on -site services, receive vehicle maintenance and repair, or obtain food for the driver and
passengers. (Added 3- 16 -05)
(12- 10 -80; 7 -8 -92, § 4.15.04; Ord. 01- 18(3), 5 -9 -01; Ord. 05- 18(4), 3- 16 -05)
State law reference — Va. Code § 15.2 -2280.
Sec. 5.1.47 Farm stands, farm sales and farmers' markets
Each farm stand, farm sales and farmers' market shall be subject to the following, as applicable:
a. Zoning clearance. Notwithstanding any other provision of this chapter, each farm stand, farm sales use,
and farmers' market shall obtain approval of a zoning clearance issued by the zoning administrator as
provided by section 31.5 before the use is established as provided herein:
Application. Each application for a zoning clearance shall include a letter or other evidence
from the Virginia Department of Transportation establishing that it has approved the entrance
from the public street to the proposed use and:
(a) Farm stands and farm sales uses. For farm stands and farm sales uses, a sketch plan,
which shall be a schematic drawing of the site with notes in a form and of a scale
approved by the zoning administrator depicting: (i) all structures that would be used for
the use; (ii) how access, on -site parking, outdoor lighting, signage and minimum yards
will be provided in compliance with this section and this chapter; and (iii) how potential
adverse impacts to adjoining property will be mitigated.
(b) Farmers' markets. For farmers' markets, an approved site plan waiver as provided in
section 32.2(b).
2. Notice. The zoning administrator shall provide written notice that an application for a zoning
clearance for a farm stand, farm sales use, or by right farmers' market has been submitted to the
Virginia Department of Health and to the owner of each abutting lot under different ownership
than the lot on which the proposed use would be located. The notice shall identify the proposed
use and its size and location and invite the recipient to submit any comments before the zoning
clearance is acted upon. The notice shall be mailed at least five (5) days prior to the action on
the zoning clearance as provided in section 32.4.2.5. The review by the Virginia Department of
Health shall be independent of the zoning administrator's review of the application for a zoning
clearance and the approval of the zoning clearance shall not be dependent on any approval by
the Virginia Department of Health. The notice requirements shall not apply to a zoning
clearance required for a farmers' market that has been approved by special use permit.
b. Structure size. Structures used in conjunction with a farm stand, farm sales use, and farmers' market
shall comply with the following:
Farm stands. Any permanent structure established on and after May 5, 2010 (hereinafter, "new
permanent structure ") used for a farm stand shall not exceed one thousand five hundred (1500)
square feet gross floor area. Any permanent structure, regardless of its size, established prior to
May 5, 2010 (hereinafter, "existing permanent structure ") may be used for a farm stand
provided that if the structure does not exceed one thousand five hundred (1500) square feet
gross floor area, its area may be enlarged or expanded so that its total area does not exceed one
thousand five hundred (1500) square feet gross floor area, and further provided that if the
existing structure exceeds one thousand five hundred (1500) square feet gross floor area, it may
not be enlarged or expanded while it is used as a farm stand.
Farm sales. Any new permanent structure used for farm sales shall not exceed four thousand
(4000) square feet gross floor area. Any existing permanent structure, regardless of its size,
may be used for farm sales provided that if the structure does not exceed four thousand (4000)
square feet gross floor area, its area may be enlarged or expanded so that its total area does not
exceed four thousand (4000) square feet gross floor area, and further provided that if the
existing structure exceeds four thousand (4000) square feet gross floor area, it may not be
enlarged or expanded while it is used as a farm stand.
Farmers' markets. Any new or existing permanent structure may be used for a farmers' market
without limitation to its size.
Yards. Notwithstanding any other provision of this chapter, the following minimum front, side and rear
yard requirements shall apply to a farm stand, farm sales use, and farmers' market:
New permanent structures and temporary structures. The minimum front, side and rear yards
required for any new permanent structure or temporary structure shall be as provided in the bulk
and area regulations established for the applicable zoning district, provided that the minimum
front yard on an existing public road in the rural areas (RA) zoning district shall be thirty-five
(35) feet. The zoning administrator may reduce the minimum required yard upon finding that:
(i) there is no detriment to the abutting lot; (ii) there is no harm to the public health, safety or
welfare; and (iii) written consent has been provided by the owner of the abutting lot consenting
to the reduction.
2. Existing permanent structures. If an existing permanent structure does not satisfy any minimum
yard requirement under subsection 5.1.47(c)(1), the minimum yard required shall be the
distance between the existing permanent structure and the street, road, access easement or lot
line on May 5, 2010 and that distance shall not be thereafter reduced. An enlargement or
expansion of the structure shall be no closer to a street, road, access easement or lot line than the
existing structure.
d. Parking. Notwithstanding any provision of section 4.12, the following minimum parking requirements
shall apply to a farm stand, farm sales use, and farmers' market:
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Number ofspaces. Each use shall provide one (1) parking space per two hundred (200) square
feet of retail area.
2. Location. No parking space shall be located closer than ten (10) feet to any public street right -
of -way.
3. Design and improvements. In conjunction with each application for a zoning clearance, the
zoning administrator shall identify the applicable parking design and improvements required
that are at least the minimum necessary to protect the public health, safety and welfare by
providing safe ingress and egress to and from the site, safe vehicular and pedestrian circulation
on the site, and the control of dust as deemed appropriate in the context of the use. The zoning
administrator shall consult with the county engineer, who shall advise the zoning administrator
as to the minimum design and improvements. Compliance with the identified parking design
and improvements shall be a condition of approval of the zoning clearance.
Article III. District Regulations
Sec. 10.2.1 By right
The following uses shall be permitted by right in the RA district, subject to the applicable requirements of this
chapter:
26. Farm sales (reference 5.1.47).
27. Farm stands (reference 5.1.47).
Sec. 10.2.2 By special use permit
The following uses shall be permitted by special use permit in the RA district, subject to the applicable
requirements of this chapter:
53. Farmers' markets (reference 5.1.47).
Sec. 11.3.1 By right uses
The following uses shall be permitted by right in the MHD:
3. Display and sale of gifts, souvenirs, crafts, food, and horticultural and agricultural products, including
outdoor storage and display of horticultural and agricultural products.
25. Farm sales (reference 5.1.47).
26. Farm stands (reference 5.1.47).
Sec. 11.3.2 By special use permit
The following uses shall be permitted by special use permit in the MHD:
1. Farmers' markets (reference 5.1.47).
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Sec. 12.2.1 By right
The following uses shall be permitted in the VR district, subject to the applicable requirements of this chapter:
17. Farm sales (reference 5.1.47).
18. Farm stands (reference 5.1.47).
Sec. 12.2.2 By special use permit
The following uses shall be permitted by special use permit in the VR district, subject to the applicable
requirements of this chapter:
18. Farmers' markets (reference 5.1.47).
Sec. 13.2.2 By special use permit
The following uses shall be permitted by special use permit in the R -1 district, subject to the applicable
requirements of this chapter:
14. Farmers' markets (reference 5.1.47).
Sec. 14.2.2 By special use permit
The following uses shall be permitted by special use permit in the R -2 district, subject to the applicable
requirements of this chapter:
16. Farmers' markets (reference 5.1.47).
Sec. 15.2.2 By special use permit
The following uses shall be permitted shall be permitted by special use permit in the R -4 district, subject to the
applicable requirements of this chapter:
18. Farmers' markets (reference 5.1.47).
Sec. 16.2.2 By special use permit
The following uses shall be permitted by special use permit in the R -6 district, subject to the applicable
requirements of this chapter:
18. Farmers' markets (reference 5.1.47).
Sec. 17.2.2 By special use permit
The following uses shall be permitted e* by special use permit in the R -10 district, subject to the applicable
requirements of this chapter:
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20. Farmers' markets (reference 5.1.47).
Sec. 18.2.2 By special use permit
The following uses shall be permitted by special use permit in the R -15 district, subject to the applicable
requirements of this chapter:
20. Farmers' markets (reference 5.1.47).
Sec. 19.3.2 By special use permit
The following uses shall be permitted by special use permit in the PRD district, subject to the applicable
requirements of this chapter and provided that no separate application shall be required for any such use as shall
be included in the original PRD rezoning petition:
12. Farmers' markets (reference 5.1.47).
Sec. 20.3.2 By special use permit
The following uses shall be permitted by special use permit in the PUD district, subject to the applicable
requirements of this chapter and, provided that no separate application shall be required for any such use
included in the original PUD rezoning petition:
9. Farmers' markets (reference 5.1.47).
Sec. 20A.6 Permitted uses
The following uses shall be permitted in the NMD district, subject to the regulations in this section and section
8, the approved application plan and code of development, and the accepted proffers:
a. By right uses. The following uses are permitted by right if the use is expressly identified as a by right
use in the code of development or if the use is permitted in a determination by the zoning administrator
pursuant to subsection 8.5.5.2(c)(1):
10. Farmers' markets (reference 5.1.47).
Sec. 20B.2 Permitted uses
The following uses shall be permitted in the DCD, subject to the regulations in this section:
A. By right uses; retail and service. The following retail and service uses are permitted by right:
11. Farmers' markets (reference 5.1.47).
Sec. 22.2.1 By right
The following uses shall be permitted in the C -1 district, subject to the applicable requirements of this chapter.
The zoning administrator, after consultation with the director of planning and other appropriate officials, may
permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses
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permitted by right in general character and more specifically, similar in terms of locational requirements,
operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's
decision shall be as generally provided in section 34.8.
a. The following retail sales and service establishments:
16. Farmers' markets (reference 5.1.47).
b. The following services and public establishments:
Sec. 23.2.1 By right
The following uses shall be permitted in the CO district, subject to the applicable requirements of this chapter:
15. Farmers' markets (reference 5.1.47).
Sec. 24.2.1 By right
The following uses shall be permitted in the HC district, subject to the applicable requirements of this chapter.
The zoning administrator, after consultation with the director of planning and other appropriate officials, may
permit, as a use by right, a use not specifically permitted; provided that such use shall be similar to uses
permitted by right in general character, and more specifically, similar in terms of locational requirements,
operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's
decision shall be as generally provided in section 34.
43. Farmers' markets (reference 5.1.47).
Sec. 27.2.1 By right
Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted by right in the LI district,
subject to the applicable requirements of this chapter:
20. Farmers' markets that will be conducted outdoors or within a temporary or existing permanent structure
(reference 5.1.47).
Sec. 27.2.2 By special use permit
The following uses shall be permitted by special use permit in the LI district:
19. Farmers' markets that will be conducted in a new permanent structure (reference 5.1.47).
Sec. 28.2.1 By right
Except as otherwise limited by section 28.2.2.14, the following uses shall be permitted by right in the HI district,
subject to the applicable requirements of this chapter:
29. Farmers' markets that will be conducted outdoors or within a temporary or existing permanent structure
(reference 5.1.47).
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Sec. 28.2.2 By special use permit
The following uses shall be permitted by special use permit in the HI district:
18. Farmers' markets that will be conducted in a new permanent structure (reference 5.1.47).
Article IV. Procedure
Sec. 35 Fees
Each applicant shall pay the applicable fees established below, provided that neither the county nor the county
school board shall be required to pay any fee if it is the applicant:
a. For a special use permit:
1. Rural area division for the purpose of "family division" where all original 1980 development rights have
been exhausted under "family division" as defined under section 18 -56 of the subdivision ordinance -
$220.00. (Amended effective 1 -1 -94)
2. Rural area divisions - $1,240.00.
3. Commercial use - $980.00.
4. Industrial use - $1,020.00.
5. Private club /recreational facility - $1,020.00.
6. Mobile home park or subdivision - $980.00.
7. Public utilities - $1,020.00.
8. Grade /fill in the flood plain - $870.00.
9. Minor amendment to valid special use permit or a special use permit to allow minor expansion of
nonconforming use - $110.00. (Amended effective 1 -1 -94)
10. Extending special use permits - $70.00.
11. Home Occupation -Class A - $13.00;
Home Occupation -Class B - $440.00.
12. For day care centers - six (6) to nine (9) children - $490.00. (Added 6 -3 -92)
13. For day care centers - ten (10) or more children - $980.00. (Added 6 -3 -92)
14. Farmers' markets without an existing commercial entrance approved by the Virginia Department of
Transportation or existing and adequate parking - $490.00.
15. Farmers' markets with an existing commercial entrance approved by the Virginia Department of
Transportation and existing and adequate parking - $110.00.
16. All other uses except signs - $980.00. (Amended 7 -8- 92)
b. For amendment to text of zoning ordinance - $840.00.
c. Amendment to the zoning map:
1. For planned developments - under 50 acres - $1,020.00.
2. For planned developments - 50 or more acres - $1,570 .00.
3. For all other zoning map amendments - under 50 acres - $1,020.00.
4. For all other zoning map amendments - 50 or more acres - $1,570.00.
5. Minor amendment to a zoning map amendment - $220.00.
d. Board of Zoning Appeals:
1. Request for a variance or sign special use permit - $120.00. (Amended 7 -8 -92)
2. For other appeals to the board of zoning appeals (including appeals of zoning administrator's decision) -
$120.00, to be refunded if the decision of the zoning administrator is overturned.
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e. Preliminary site development plan:
1. Residential - $1,190.00, plus $13.00 /unit.
2. Non - residential - $1,580.00, plus $13.00/1000 square feet.
f. Final site development plan:
1. Approved administratively - $410.00.
2. If reviewed by the commission before approval of preliminary site development plan - $1,130.00.
3. If reviewed by the commission after approval of the preliminary site development plan - $790.00.
4. For site development plan waiver - $270.00.
5. For site development plan amendment:
a) Minor - alterations to parking, circulation, building size, location — $95.00.
b) Major - commission review - $270.00.
6. Review of site development plan by the architectural review board - $200.00.
7. Appeal of site development plan to the board of super visors - $240.00.
8. Rehearing of site development plan by commission or board of supervisors - $190.00.
9. Rejection by agent of incomplete site development plan:
a) Rejected within ten days - $200.00.
b) Suspended after site plan review -site plan fee shall not be refunded. $65.00 fee shall be required to
reinstate project.
g. For relief from a condition of approval from commission or landscape waiver by agent - $180.00.
h. Change in road or development name after submittal of site development plan:
1. Road - $20.00.
2. Development - $25.00.
i. Extending approval of site development plan - $45.00.
j. Granting request to defer action on site development plan, special use permit or zoning map amendment:
1. To a specific date - $35.00.
2. Indefinitely - $75.00.
k. Bond inspection for site development plan, for each inspection after the first bond estimate - $60.00.
1. Zoning clearance - $35.00.
m. Accessory lodging permits - $35.00.
n. Official Letters:
1. Of determination - $75.00.
2. Of compliance with county ordinances- $75.00.
3. Stating number of development rights - $40.00.
o. Sign Permits:
1. Any sign, except exempted signs and signs requiring review by the architectural review board - $35.00.
2. Signs required to be reviewed by the architectural review board - $75.00.
p. Tier II personal wireless service facility - $790.00. (Added 10- 13 -04)
q. Review of groundwater assessment information required by sections 31.2.2 or 32.5.7:
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1. Tier 1 assessment under Albemarle County Code § 17 -401 - $50.00.
2. Tier 3 assessment under Albemarle County Code § 17 -403 - $400.00 plus $25.00 per lot.
3. Tier 4 assessment under Albemarle County Code § 17 -404 - $1,000.00.
In addition to the foregoing, the actual costs of any notice required under Chapter 22, Title 15.2 of the Code
shall be charged to the applicant, to the extent that the same shall exceed the applicable fee set forth in this
section. The fee shall be in the form of cash or a check payable to the "County of Albemarle." An application
presented without the required fee shall not be deemed to be submitted and shall not be processed. If the zoning
administrator determines after a fee has been paid that the review and approval to which the fee pertains is not
required to establish the use or structure, the fee shall be refunded to the applicant in full. For any application
withdrawn after public notice has been given, no part of the fee will be refunded.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded
below, at a regular meeting held on
Aye Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Snow
Mr. Thomas
13
Clerk, Board of County Supervisors