HomeMy WebLinkAboutZTA201500003 Staff Report 2015-05-12 (3)Draft: 05/01/15
ORDINANCE NO. 15 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL 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 Regulations, and Article IV, Procedure, are hereby amended and reordained as
follows:
By Amending:
Sec. 3.1 Definitions
Sec. 31.2 Building permit applications
Sec. 32.3.5 Variations and exceptions
Sec. 32.5.2 Contents of an initial site plan
Sec. 32.5.4 Groundwater assessment information
Sec. 32.6.4 Dam break inundation zones; engineering study and mapping information
Sec. 32.7.4.2 Easements for facilities for stormwater management facilities and drainage control
Sec. 34.2 Powers and duties of the board of zoning appeals
Sec. 34A.1 Architectural review board; appointment and organization
Sec. 34A.2 Powers and duties of the architectural review board
Sec. 36.2 Enforcement
Sec. 36.3 Civil penalties
Sec. 36.5 Injunctive relief and other remedies
By Amending and Renaming:
Sec. 32.4.2.8 Effect of approval of an approved initial site plan has on other- futw and pending appfovals
certificates of appropriateness and early or mass grading
Sec.32.7.4.1 Erosion a-ad sedime„+ ntfe , �Stormwater management, ;water
pollution; soil characteristics
Sec. 34.1 Board of zoning appeals; app^io�n establishment and organization
Sec. 34.3 Appeals of orders, requirements, decisions. and determinations to the board of zoning
appeals
Sec. 34.4 Appkeafio rnr T Variances
By Adding:
Sec. 32.4.2.9 Approval of early or mass grading prior to initial site plan approval
Sec. 34.5 Special use permits
Sec. 18 -34.6 Interpreting a district map
Sec. 18 -34A.3 Design guidelines
By Repealing:
Sec. 31.7 Review of public features to determine substantial accord with the comprehensive plan
Sec. 34.5 Procedure
Sec. 34.6 Decision of board of zoning appeals
Article 1. General Regulations
Section 3
Definitions
Sec. 3.1 Definitions
Draft: 05/01/15
Variance: A reasonable deviation from those provisions regulating the shape sizes or area of a lot, or the
size, height area, bulk, or location of a structure when the strict application of this chapter would resin
tmaeeessar-y able b -dshi . to the land owner- unreasonably restrict the utilization of the property,
and the need for the variance would not be shared generally by other lots, and provided that the variance is
not contrary to the ' purpose of this chapter,
done; provided that a variance shall not include a change in use. (Added 10 -3 -01)
Comment: The definition is amended to incorporate the new definition in Virginia Code § 15.2 -2201.
(§ 20 -3.1, 12- 10 -80, 7 -1 -81, 12- 16 -81, 2- 10 -82, 6 -2 -82, 1 -1 -83, 7 -6 -83, 11 -7 -84, 7- 17 -85, 3 -5 -86, 1 -1 -87, 6-
10-87, 12 -2 -87, 7- 20 -88, 12 -7 -88, 11 -1 -89, 6- 10 -92, 7 -8 -92, 9- 15 -93, 8- 10 -94, 10- 11 -95, 11- 15 -95, 10 -9 -96,
12- 10 -97; § 18 -3.1, Ord. 98 -A(1), 8 -5 -98; Ord. 01- 18(6), 10 -3 -01; Ord. 01- 18(9), 10- 17 -01; Ord. 02- 18(2),
2 -6 -02; Ord. 02- 18(5), 7 -3 -02; Ord. 02- 18(7), 10 -9 -02; Ord. 03- 18(1), 2 -5 -03; Ord. 03- 18(2), 3- 19 -03; Ord.
04- 18(2), 10- 13 -04; 05- 18(2), 2 -2 -05; Ord. 05- 18(7), 6 -8 -05; Ord. 05- 18(8), 7- 13 -05; Ord. 06- 18(2), 12 -13-
06; Ord. 07- 18(1), 7- 11 -07; Ord. 07- 18(2), 10 -3 -07; Ord. 08- 18(3), 6- 11 -08; Ord. 08- 18(4), 6- 11 -08; Ord.
08- 18(6), 11- 12 -08; Ord. 08- 18(7), 11- 12 -08; Ord. 09- 18(3), 7 -1 -09; Ord. 09- 18(5), 7 -1 -09; 09- 18(8), 8 -5-
09; Ord. 09- 18(9), 10- 14 -09; Ord. 09- 18(10), 12 -2 -09; Ord. 09- 18(11), 12- 10 -09; Ord. 10- 18(3), 5 -5 -10; Ord.
10- 18(4), 5 -5 -10; Ord. 10- 18(5), 5- 12 -10; Ord. 11- 18(1), 1- 12 -11; Ord. 11- 18(5), 6 -1 -11; Ord. 11- 18(6), 6 -1-
11; Ord. 12- 18(3), 6 -6 -12; Ord. 12- 18(4), 7- 11 -12; Ord. 12- 18(6), 10 -3 -12, effective 1 -1 -13; Ord. 12- 18(7),
12 -5 -12, effective 4 -1 -13; Ord. 13- 18(1), 4 -3 -13; Ord. 13- 18(2), 4 -3 -13; Ord. 13- 18(3), 5 -8 -13; Ord. 13-
18(5), 9- 11 -13; Ord. 13- 18(6), 11- 13 -13, effective 1 -1 -14; Ord. 13- 18(7), 12 -4 -13, effective 1 -1 -14; Ord. 14-
18(2), 3 -5 -14)
State law reference - Va. Code § 15.2- 2286(A)(4).
Article IV. Procedure
Section 31
Administration and Enforcement
Sec. 31.2 Building permit applications
The zoning administrator shall review building permit applications submitted to the building official as
follows:
a. Review. The zoning administrator shall review each building permit application to ensure that the
proposed building or structure complies with this chapter. Within each neighborhood model district
the director of planning shall also review each building permit application to determine whether the
proposed structure conforms to the architectural and landscape standards in the approved code of
development.
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Comment: The new text is from current Section 8.5.5.4(d), but the reference to the department of
community development is changed to the director of planning.
b. Information to be submitted: number of conies. Each applicant shall provide two (2) copies of the
building plans, two (2) copies of the approved site plan if applicable, and a copy of the most recent
plat of record of the site to be built upon unless no such plat exists, in which case the applicant shall
provide a copy of the most recent deed description of the land. Each applicant shall also provide any
other information the zoning administrator deems necessary to review the application.
Comment: The text of this new subsection from current subsection (a).
be. Approval. If the proposed building or structure and stated use comply with this chapter, the zoning
administrator shall approve the building permit application as to its compliance with this chapter.
Upon approval of the building permit, one (1) copy of the building plan shall be returned to the
applicant with the permit.
ed. Circumstances when building permit shall not be approved. The zoning administrator shall not
approve a building permit in the following circumstances:
I. No building permit shall be issued for any building or structure for which a site plan is
required unless and until the site plan has been approved.
2. No building permit shall be issued for any structure to be served by an individual well
subject to a Tier 1 groundwater assessment under Albemarle County Code § 17 400 17 -1000
until the applicant complies with Albemarle County Code § 17 401- 17 -1001.
Comment: The cross - references are to sections in the Water Protection Ordinance, which was
amended and reorganized in 2014.
3. No building permit shall be approved in violation of any provision of this chapter.
de. Other information for building official. The zoning administrator shall inform the building official of
any other applicable laws or any other provision of the Code to which the building or structure would
not comply and, therefore, a building permit application should not be approved by the building
official.
(§ 31.2.1, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01 (part); § 31.2.2, 12- 10 -80; Ord. 04- 18(4), adopted 12 -8 -04,
effective 2 -8 -05 (part); Ord. 09- 18(3), 7 -1 -09)
State law reference — Va. Code § 15.2- 2286(A)(4)_
See. 31.7 Review of publie features to deter-mine substantial aecord with the eompr-ehensive plan
if a publie f4eility subjeet to Vir-ginia Code § 15.2 2232 is not air-eady shevffi en the eempFehefisive plan, t
stibstan4ial aeeer-d with the eempr-ehensive pla-m as provided by Vir-giflia Code § 15.2 2232.
(§ 31.2.5, 12 10 n. Ofd 09 18(3), 7 1 04
Comment: This section may be repealed because Virginia Code § 15.2 -2232 is not a zoning regulation
and this section is unnecessary.
Draft: 05/01/15
Section 32
Site Plans
Sec. 32.3.5 Variations and exceptions
The requirements of section 32 may be varied or excepted as follows:
a. Exception from requirement to provide certain details in site plan. The agent may except certain
details of a site plan and any amendment to a site plan otherwise required by sections 32.5 and _32.6
as provided herein:
Request for exception. A developer requesting an exception shall submit to the agent a
written request stating the reasons for the request and addressing the applicable finding in
subsection (a)(2).
2. Finding. An exception may be approved if the agent finds that unusual situations exist or
that strict adherence to requiring the details in sections 32.5 or 32.6 would result in
substantial injustice or hardship. This finding shall be supported by information from the site
review committee that all of the details required by sections 32.5 and 32.6 are not necessary
for its review of the proposed development, and from the zoning administrator, in
consultation with the county engineer, that the details waived are not necessary to determine
that the site is developed in compliance with this chapter and all other applicable laws.
3. Action by the agent on a request. The agent may approve or deny the request. In approving
an exception, the agent shall identify the details otherwise required by sections 32.5 and 32.6
that are excepted.
b. Variation or exception from any requirement of section 32.7. Any requirement of section 32.73
including any requirement incorporated by reference in section 32.7 except for those requirements
applicable to signs under section 32.7.8(A), may be varied or excepted in an individual case as
provided herein:
Comment: The added clause is intended to emphasize that site plan improvements required by Section
32.7 that are referenced in that section but exist elsewhere (e.g., Section 4.12, parking) are eligible for a
variation or exception under this section.
Request for a variation or exception. A developer requesting a variation or exception shall
submit to the agent a written request stating the reasons for the request and addressing the
applicable findings in subsections (b)(2) and (b)(3). When a variation is requested, the
developer also shall describe the proposed substituted technique, design or materials
composing the substituted improvement. The request should be submitted before the site
review committee considers the initial site plan. The agent may request that the site review
committee provide information and a recommendation on any request for a variation or
exception.
2. Findings required for a variation. The agent may approve a request for a variation to
substitute a required improvement upon finding that because of an unusual situation, the
developer's substitution of a technique, design or materials of comparable quality from that
required by section 32.7 results in an improvement that substantially satisfies the overall
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purposes of this chapter in a manner equal to or exceeding the desired effects of the
requirement in section 32.7.
Findings required for an exception. The agent may approve a request for an exception from
any requirement of section 32.7 upon finding that: (i) because of an unusual situation,
including but not limited to the unusual size, topography, shape of the site or the location of
the site; or (ii) when strict adherence to the requirements would result in substantial injustice
or hardship by, including but not limited to, resulting in the significant degradation of the
site or to adjacent properties, causing a detriment to the public health, safety., or welfare, or
by inhibiting the orderly development of the area or the application of sound engineering
practices.
4. Findings required for a variation or exception of any requirement of section 32.7.5.2. If the
developer requests a variation or exception of any requirement of section 32.7.5.2, the agent
shall consider whether the requirement would unreasonably impact the existing above-
ground electrical network so that extensive off -site improvements are necessary. In
approving a variation or exception, the agent shall find, in addition to the required findings
under subsection (b)(2) or (bbA3), that requiring undergrounding would not forward the
purposes of this chapter or otherwise serve the public interest and that granting the variation
or exception would not be detrimental to the public health, safety., or welfare, to the orderly
development of the area, and to the land adjacent thereto.
5. Action by the agent on a request, conditions. The agent may approve, approve with
conditions, or deny the request. If a request is approved, the agent shall prepare a written
statement regarding the findings made. If a request is denied, the agent shall inform the
developer in writing within five (5) days after the denial, and include a statement explaining
why the request was denied. In approving a request, the agent may impose reasonable
conditions deemed necessary to protect the public health, safety., or welfare.
C. Appeals. The decision of the agent may be appealed as provided in section 32.3.6.
(§ 32.3.5, Ord. 12- 18(6), 10 -3 -12, effective 1 -1 -13 (§ 32.2 (part), 5 -1 -87; § 32.2.2,12-10-80) (§ 32.3.5; §
32.5.1, 12- 10 -80) (§ 32.3.10, Ord. 01- 18(4), 5 -9 -01; § 32.3.11.4,5-1-87) (§ 32.7.9.3, 5- 1 -87))
State law reference — Va. Code §§ 15.2- 2241(9), 15.2- 2242(1).
Sec. 32.4.2.8 Effect of approval of an an_nroved initial site plan has on other future and pending
approvals certificates of appxpj riateness and early or mass grading
The appFoval of an aooroved initial site plan affects the following pending and future approvals:
a. Issues pertaining to a certificate of appropriateness. An approved initial site plan that has complied
with the architectural review board's requirements identified under section 32.4.2.2(b) shall be
deemed to be consistent with the applicable design guidelines pertaining to the elements of sections
30.6.4(c)(2), (3) and (5) delineated in section 32.4.2.2(b)(1).
b.
within a eenventional zoning distfiet, ineluding any eanventional zoning distFiet also within an.
entfanee eerFider- &ver-lay distfiet, an approved inifia4 site pla-a is an "approved site plan" tlwe
meaning of seetion 17 204(E). As sueh, - . - i sediment eap.4r-el plan and eeFFespefiding
gr-ading pemait may be approved under- ehapter- 17, provided the developer- has satisfied the
Draft: 05/01/15
ftwther-
ided that ° site ...;.t„„ ° a.,,,., break ;,, „a.,.ie ,eae is subject to seer o 32.4.x. Early or mass
grading. On any site within a conventional or planned development district, regardless of whether
the site is also within an entrance corridor overlay district, early or mass rg ading may be approved
under chapter 17, subject to the following: (i) no rg ading permit, building permit, or other permit
shall be issued and no land disturbing activity may begin until the developer satisfies the
requirements of sections 17 -414 through 17 -717: provided that land disturbing activity may occur
prior to approval of a stormwater management plan if the activity was previously covered under the
general permit, as that term is defined in chapter 17, issued by the Commonwealth on July 1, 2009:
(ii) the developer has satisfied the conditions of approval identified by the agent in the letter required
by section 32.4.2.5(d): and (iii) any site within a dam break inundation zone is subject to section
32.8.7.
Comment: The Water Protection Ordinance was amended and reorganized in 2014. This subsection is
being revised to correspond to the new language in Section 17 -412.
planned deve epment zoning disc iet ineluding a planned development zoning district also within an
entrance corridor overlay district, an roved initial site la "approved site plan" within the
approval meaning of seetion 17 204(E). As stieh, an erosion and sediment eefftr-ol plan a-ad eeffespeadi
grading permit may be approved tmder- ehapter- 17, pr-&vided th4 the developer- has satisfied
eenditions of approval idepAified by the agent in the letter- r-equir-ed by seetion 32.4.2.5(e), and ftifther
4ded dia4 afty site within a dam break inunda4ion zone is stibjeet to seetion 32.8.6. Exeept as
ded in seetions 32.6.4 and 32.8.6, nothing in this seetion shall aff
obtain approval of an er-esion and sediment eantral plan and eefr-espeading gr-ading Peffflit Prior- to
of an initial site plan as pr-ovided in eeti.n 9.5.5.4(b).
(§ 32.4.2.8, Ord. 12- 18(6), 10 -3 -12, effective 1 -1 -13; Ord. 13- 18(7), 12 -4 -13, effective 1 -1 -14)
State law reference — Va. Code §§ 10.1 -563, 15.2 -2241, 15.2-2286(A)(4),15.2-2306.
32.4.2.9 Annroval of earlv or mass grading prior to initial site plan anurov
On any site within a planned development district, regardless of whether the site is also within an entrance
corridor overlay district, early or mass grading may be approved under chapter 17 prior to initial site plan
approval, subject to the following:
a. The erosion and sediment control plan measures, disturbed area, and r ading are in conformity with
the conceptual grading plan and measures shown on the application plan as determined by the county
engineer, after consultation with the director of planning: provided that if, after consultation with the
director of planning, the county engineer finds that there is not enough detail on the application plan
to ensure that the proposed rg ading and other measures are consistent with the application plan, the
early or mass grading shall not be approved until the final site plan is approved
b. No grading_ permit, building permit, or other permit shall be issued and no land disturbing activity
may begin until the developer satisfies the requirements of sections 17 -414 through 17 -717: provided
that land disturbing activity may occur prior to approval of a stormwater management plan if the
activity was previously covered under the general permit, as that term is defined in chapter 17, issued
by the Commonwealth on July 1, 2009: and (iii) any site within a dam break inundation zone is
subject to section 32.8.7.
Draft: 05/01/15
Comment: This section is new and is based on the provisions from current Section 18- 8.5.5.4(b) and
(c), and is intended to correspond to the language in Section 17 -412, which is in the Water Protection
Ordinance which was amended and reorganized in 2014.
State law reference — Va. Code §§ 10.'ro 1 563,63, 15.2 -2241, 15.2- 2286(A)(4), 15.2 -2306, 62.1 - 44.15:55.
Sec. 32.5.2 Contents of an initial site plan
Each initial site plan shall contain the following information:
a. General information. The name of the development; names of the owner, developer and individual
who prepared the plan; tax map and parcel number; boundary dimensions; zoning district;
descriptions of all proffers, special use permits and conditions thereof, special exceptions and
conditions thereof, variances and conditions thereof, application plans, codes of development and
bonus factors applicable to the site; magisterial district; county and state; north point; scale; one
datum reference for elevation (if section 30.3, flood hazard overlay district, applies to any portion of
the site, United States Geological Survey vertical datum shall be shown and/or correlated to plan
topography and show existing and proposed ground elevations); the source of the topography;
departing lot lines; minimum setback lines, yard and building separation requirements; the source of
the survey; sheet number and total number of sheets; and the names of the owners, zoning district,
tax map and parcel numbers and present uses of abutting parcels.
b. Information regarding the proposed use. Written schedules or data as necessary to demonstrate that
the site can accommodate the proposed uses, including proposed uses and maximum acreage
occupied by each use; maximum number of dwelling units by type including the number of
bedrooms for multi - family dwellings; gross residential density; square footage of recreational areas;
the percentage and acreage of open space; maximum square footage for commercial and industrial
uses; maximum floor area ratio and lot coverage for industrial use; maximum height of all structures;
schedule of parking including the maximum amount required and the amount provided; the
maximum amount of impervious cover on the site; and if a landscape plan is required, the maximum
amount of paved parking and other vehicular circulation areas.
C. Phase lines. If phasing is planned, phase lines and the proposed timing of development.
d. Topography and proposed grading. Existing topography (up to twenty [20] percent slope, maximum
five [5] foot contours, over twenty [20] percent slope, maximum ten [10] foot contours) for the entire
site with sufficient offsite topography to describe prominent and pertinent offsite features and
physical characteristics, but in no case less than fifty (50) feet outside of the site unless otherwise
approved by the agent; proposed grading (maximum five [5] foot contours) supplemented where
necessary by spot elevations; areas of the site where existing slopes are steep slopes.
e. Landscape features. The existing landscape features as described in section 32.7.9.4(c).
f. Watercourses and other bodies of water. The name and location of all watercourses and other bodies
of water adjacent to or on the site; indicate whether the site is located within the watershed of a
public water supply reservoir.
g. Onsite sewage system setback lines. The location of onsite sewage system setback lines from
watercourses including intermittent streams and other bodies of water.
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h. Floodplain and related information. The boundaries of the flood hazard overlay district, the base
flood elevation on the site, the elevation of the lowest floor, including any basement, and for any
structures to be flood - proofed as required by section 30.3, the elevation to which the structures will
be flood - proofed.
Streets, easements and travelways. The existing and proposed streets, including proposed bike lanes,
access easements, alley easements and rights -of -way, and travelways, together with street names,
state route numbers, right -of -way lines and widths, centerline radii and pavement widths.
Existing sewer and drainage facilities. The location and size of existing water and sewer facilities
and easements, the storm drainage system, drainage channels, and drainage easements.
k. Proposed sewer and drainage facilities. The proposed conceptual layout for water and sewer
facilities and the storm drainage system, indicating the direction of flow in all pipes and
watercourses with arrows.
Existing and proposed utilities. The location of other existing and proposed utilities and utility
easements, including existing telephone, cable, electric and gas easements.
M. Ingress and egress. The location of existing and proposed ingress to and egress from the property,
showing the distance to the centerline of the nearest existing street intersection.
n. Existing and proposed improvements. The location and dimensions of all existing and proposed
improvements including buildings (maximum footprint and height) and other structures; walkways;
fences; walls; trash containers; outdoor lighting; landscaped areas and open space; recreational areas
and facilities; parking lots and other paved areas; loading and service areas; signs; and the proposed
paving material types for all walks, parking lots and driveways.
Areas to be dedicated or reserved. All areas intended to be dedicated or reserved for public use
under sections 32.7.1.1, 32.7.1.2 and 32.7.1.3, and shall include a note on the plan stating that the
land is to be dedicated or reserved for public use.
P. Landscape plan. A landscape plan that complies with section 32.7.9, if it is required to be submitted
with the initial site plan.
q. Traffic generation figures. If deemed appropriate by the agent due to the intensity of the
development, estimated traffic generation figures for the site based on current Virginia Department
of Transportation rates; indicate the estimated number of vehicles per day and the direction of travel
for all connections from the site to a public street.
Symbols and abbreviations. A legend showing all symbols and abbreviations used on the plan.
S. Additional information. The agent may require additional information to be shown on the initial site
plan as deemed necessary to provide sufficient information for the agent and the site review
committee to adequately review the plan.
t. Dam break inundation zones. The limits of a dam break inundation zone.
U. Additional information for site plans within the neighborhood model district. Each site plan for a
planned development within the neighborhood model district shall contain the following additional
Draft: 05/01/15
information: (i) the site plan pertains to at least one block: (ii) a phasing plan: and (ii
il buildin:l
elevations for all new or modified structures.
Comment: Although the provisions in subsection (u) are in current Section 8.5.5.1(b), they are
repeated here.
((§ 32.5.6,5-1-87, 2 -6 -02) (§ 32.4.5, 12- 10 -80); § 32.5.2, Ord. 12- 18(6), 10 -3 -12, effective 1 -1 -13; Ord. 13-
18(7), 12 -4 -13, effective 1 -1 -14; Ord. 14- 18(1), 3 -5 -14; Ord. 14- 18(2), 3 -5 -14)
State law reference — Va. Code §§ 15.2- 2241(1), 15.2 -2258, 15.2- 2286(A)(8).
Federal law reference — 44 CFR § 603(b)(3)
Sec. 32.5.4 Groundwater assessment information
The application for an initial site plan shall include draft groundwater management plans and aquifer testing
workplans required by sections 17 403 aaa 17 ^n^ 17 -1003 and 17 -1004, if applicable. The requirements of
sections 17 403 a *a 17 404 17 -1003 and 17 -1004 shall be satisfied prior to final site plan approval.
Comment: The cross - references are to sections in the Water Protection Ordinance, which was
amended and reorganized in 2014.
(§ 32.5.4, Ord. 12- 18(6), 10 -3 -12, effective 1 -1 -13 (§ 32.5.7, Ord. 04- 18(4), 12 -8 -04, effective 2- 8 -05))
State law reference — Va. Code § 15.2 -2121.
Sec. 32.6.4 Dam break inundation zones; engineering study and mapping information
If the proposed development is located wholly or partially within a dam break inundation zone, the developer
shall submit with the final site plan the following:
a. Engineering study. If the Virginia Department of Conservation and Recreation determines that a plan
of development proposed by a developer would change the spillway design flood standards of an
impounding structure pursuant to Virginia Code § 10.1- 606.3, the developer shall submit an
engineering study in conformance with the Virginia Soil and Water Conservation Board's standards
under the Virginia Dam Safety Act in Virginia Code § 10.1 -604 et seq. and the Virginia Impounding
Structure regulations in 4 NI AC 50 20 4VAC50 -20 -10 et sea. The engineering study shall be
reviewed and acted upon by the Virginia Department of Conservation and Recreation as provided in
Virginia Code § 15.2- 2243.1.
Comment: The cross - reference is amended because state regulations were renumbered.
b. Mapping information. The developer shall provide the dam owner, the county, and any other affected
localities with information necessary for the dam owner to update the dam break inundation zone
map to reflect any new development within the dam break inundation zone following completion of
the development.
(Ord. 13- 18(7), 12 -4 -13, effective 1 -1 -14)
State law reference --Va. Code §§ 10.1- 606.3, 15.2- 2243.1.
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Sec.32.7.4.1 Erosion and sediment eentFo , Ntormwater management, and other water regula ;
water pollution; soil characteristics
Each site plan shall comply with the following:
ia. �� ° ~Na a: ~ °� °� °{ °�', �Stormwater managemen Each site plan
shall comply with all applicable requirements of chapter 17.
b. Water pollution. In addition to the provisions of section 4.14 and other applicable laws, each site
plan shall provide for minimizing the pollution of downstream watercourses and groundwater where
on -site measures are deemed warranted by the county engineer. In determining whether and what
measures, if any, are warranted, the county engineer shall consider the character of the proposed use
including, but not limited to, whether petroleum products, pesticides, poisons, synthetic organic
compounds, or other substances would be stored or used on the site which, if improperly stored or
inadvertently discharged, may reasonably be anticipated to pollute surface water or groundwater.
C. Soil characteristics. In reviewing site plans, the site review committee shall refer to the U. S.
Department of Natural Resource Conservation Service, Soil Survey of Albemarle County, Virginia,
August, 1985 in commenting on soil suitability for the intended development and, in particular,
Table 10 Building Site Development, Table 12 Construction Materials, and Table 16 Soil and Water
Features. If soils are rated as "poor" or "severely limited" for a proposed use, or where high seasonal
water table and/or hydrologic group D soils are encountered, the site review committee shall notify
the agent of these conditions and provide recommendations for special design measures.
(§ 32.7.4.1, Ord. 12- 18(6), 10 -3 -12, effective 1 -1 -13 (§ 32.7.4, 5 -1 -87; § 32.5.13, 12- 10 -80) (§ 32.7.4.1, 5 -1-
87; § 32.5.13, 12- 10 -80) (§ 32.7.4.2, 5 -1 -87) (§ 32.7.4.3; § 32.5.14, 12- 10 -80) (§ 32.7.4.4, 5- 1 -87))
State law reference —Va. Code §§ 10.1 560 et s,., 10.1 603 2 ,.t se 10.1 -2108, 15.2- 2241(3), 15.2 - 2283.62.1- 44.15:24 et sea.
Sec. 32.7.4.2 Easements for facilities for stormwater management facilities and drainage control
The agent shall require each developer to dedicate easements to the county for facilities for stormwater
management and drainage control as follows:
a. Easements required. The following easements shall be required:
An easement for all stormwater management facilities and drainage control improvements
located on the site shall be established whenever the improvement is designed, a
constructed, or both, beyond a street right -of -way or access easement, and shall extend from
all drainage outfalls to an adequate channel as defined in ^ V ^ G § cn 30 10 9VAC25 -840-
10 that satisfies the minimum standards in ^ V ^ G § cn 30 nn(, 9) 9VAC25 -840- 40(19) to
the boundary of the site.
Comment: The amended references are to state regulations under the Virginia Stormwater
Management Program (VSMP) which were renumbered when responsibility over the VSMP
transferred from DCR to DEQ in late 2013.
2. An easement along any natural stream or man -made waterway located on the site that will be
used for drainage purposes.
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b. Area of easement. The area of each easement shall be sufficient, as determined by the eounty
engineer, to: (i) accommodate the facilities and the drainage characteristics from each drainage
outfall from a drainage control facility; and (ii) allow access to a natural stream or man -made
waterway to allow widening, deepening, relocating, improving, or protecting the natural stream or
man -made waterway for drainage purposes.
C. Right of ingress and egress. Each easement shall include the right of ingress and egress for
installation, maintenance, operation, repair, and reconstruction of any improvement within the
easement. The agent also may require that an easement be provided through abutting land under the
same ownership as the site.
d. Compensation not required. The board of supervisors shall not be required to compensate the
developer for any easement or any improvements thereon.
e. Not considered part of street width. No easement shall be considered part of any required street
width.
(§ 32.7.4.2, Ord. 12- 18(6), 10 -3 -12, effective 1 -1 -13)
State law reference — Va. Code § 15.2- 2241(3).
Section 34
Board of Zoning Appeals
Sec. 34.1 Board of zoning appeals; appointment establishment and organization
Within the limits funds
by the beafd
the board
of appr-apr-ia4ed
of supervisors,
of zening appeals may empiff
the board deem
for- tfmsaetien
of its business.
of zoning appeals may
neeessar-y
of supenisers fFom time to time, by or-dinanee of: resolution.
Air
The board of zoning appeals shall have the auther-ity to r-e"est the opinion, adviee or- ether- aid of any ,
11
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shall be a majofity of all the members of the boafd.
A boafd of zonifig appeals, eonsisting of five (5) fnember-s, shall be appoipAed in aeeor-da-nee with the
pfovisions of seetion 15.2 2308 of the Code, and shall have stieh powers a-ad dtAies as set foi4h in seetion
15.2 2309 of the Code.
Within the limits of ftinds appf:opr-ia4ed by the board of supetwisor-s, the board of zoning appeals may employ
the beafd of zoning appeals may deem neeessar-y for- tr-ansaetion of its business.
Members of the board of �Ooing appeals shall r-eeeive sueh eompensation as may be authorized by the board-
of supervisors, ffefn tifne to time, by or-dinanee or resolution.
Any boafd member- may be removed for- malfeasanee, misfeasanee or- fionfeasanee in of4ee, or- for- othef j
> •
employee, The board of zoning appeals shall lqme the atAhor-it-y to r-e"est the opinion, a&iee or- other- aid of any offieer-,
•
The board of zoning appeals may, ffofn time to time, adopt sueh fules and r-egulations eonsistef4 with the
or-difianees of the eotff4y and the laws of the Cofmnoawealth as it may deem neeessafy to eaffy otit the dtAies
imposed by this or-dinanee. The meetings of the board shall be held at the call of its ehaiman E)r- at sueh times-
as a "ofum of the board may detet:mine. The board shall ehoose am+ually its own ehait:ma-a a-ad viee
ehaii:man who shall aet in the absenee of the ehaifma-n. The > ,
may administer- E)aths and eompel the attendanee of witnesses. The board shall keep fmifm4es of its
> > iffdieating
shall be a majofity of all the membefs of the boar-d.
A board of zoning anneals is hereby established, sul iect to the following:
a. Members and their appointment. The board shall have five (5) members. Each member shall be
appointed by the Albemarle County Circuit Court.
b. Eligibility. Each member shall be a qualified resident of Albemarle County.
C. Term: vacancies: serving beyond expiration of term. Members shall be appointed for terms of five
51 years and any member may be reappointed for successive terms. The original appointments were
made in staggered terms so that the term of one member expires each year. An appointment to fill a
vacancy shall be only for the unexpired portion of the term. A member whose term expires shall
continue to serve until his successor is appointed and qualifies.
d. Holding other public office prohibited. A member may not hold any other public office within the
coup except that one member may be a member of the commission.
e. Organization. The board shall elect at its annual meeting a chairman, who shall preside over all
meetings a vice - chairman, who shall act in the absence of the chairman, and a secretary. The board
may elect as its secretary either one of its members or a qualified individual who is not a member of
the board. A secretary who is not a member of the Board shall not vote on any matter. The board
may adopt rules of procedure to facilitate the conduct of its business at its meetings.
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f Quorum. A quorum shall be a majority of all the members of the board.
9. Resources: obtaining services. Within the limits of funds appropriated by the board of supervisors,
the board may employ or contract for such secretaries, clerks, legal counsel consultants and other
technical and clerical services as it may deem necessary for transaction of its business. The board
may request the opinion, advice or other aid of any officer, employee, board. bureau or commission
of the county.
h. Compensation. Members of the board shall receive such compensation as may be authorized by the
board of supervisors, from time to time, by ordinance or resolution.
i. Removal from office. Any board member maybe removed for malfeasance, misfeasance or
nonfeasance in office, or for other just cause, by the Albemarle County Circuit Court, after hearing
held after at least fifteen (15) days notice.
Comment: This section is updated and reorganized.
State law reference —Va. Code && 15.2 -2308. 15.2 -2309.
Sec. 34.2 Powers and duties of the board of zoning appeals
The board of zoning appeals shall have the fellevving powers and duties in meer-danee with seetion 15.2
2309 of the Code.:
TE) hear and deeide appeals ftem any or-der-, requirement, deeision or- detemination made by a
ptir-stiaRt et
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No varianee shall be authorized unless the board of zoning appeals finds that the condition or situation of the
property coneerned or the intended use of the property is not of so general or reeurring a nature as to make
reasonably pr-aefieable the formulation of a general reg�dlation to be adopted as an amendment to the
ra
,
ehaFaeter and other featttfes of the proposed s4uettwe-04-: -As it inia-y deem neeessafy in the publie interest,
and may re . i - 4ee or bond to insure that the eonditions imposed are being and will eontinue to
eomplied with,
To hear and decide appeals from the deeision of the zoning administrator.
after- p4he hearing with notiee as required by seetion 15.2 2204 of the Code, the bear-d efzening appeals
may interpret the map in such way as to eaffy out the intent and the pur-pose E)f this or-dinanee fE)r- the
pai4iettlar- seetion E)r- dist-r-iet in "estion. The bear-d E)f zening appeals shall not hm,e the power-, however-, to
rezone pr-opefty or- substantially to ehange the leeations of distr-iet boundafies as established by this or-dinanee
and the zoning map.
The board of zoning appeals shall have the following owers and duties:
a. Meet and conduct business: continued meetings due to inclement weather. To regularly meet to
conduct its business as provided in section 34.1 and this section. The board also may also fix the day
or days to which any meeting shall be continued if the chairman. or vice - chairman if the chairman is
unable to act, finds and declares that weather or other conditions are such that it is hazardous for
members to attend the meeting. The finding shall be communicated to the members and thg�=press as
promptly as possible. All hearings and other matters previously advertised for the meeting shall be
conducted at the continued meeting and no further advertisement is required.
b. Appeals. To hear and decide appeals from any order, requirement, decision or determination made by
an administrative officer, and to hear and decide appeals from any decision of the zonine
administrator, in the administration or enforcement of Virginia Code && 15.2 -2280 throu hg 15.2_
2316.2 and this chapter, exclusive of section 32, as provided in section 34.3.
C. Variances. To consider and approve variances as provided in section 34.4.
d. Special use permits. To consider and approve special use permits for certain signs under sections
4.15.5 and 4.15.5A, and to revoke a special use permit previously approved, as provided in section
34.5.
e. Interpret a district man To hear and decide applications to interpret a district map where there is any
uncertainty as to the location of a district boundary, as provided in section 34.6.
f Power to administer oaths and compel attendance of witnesses. The chairman, or in his absence the
vice - chairman, may administer oaths and compel the attendance of witnesses for any hearing
appeal under section 34.3 or any application for a variance under section 34.4.
Comment: This section is updated and reorganized. The regulations pertaining to the various actions
are updated and moved to their own sections.
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State law reference — Va. Code § 15.2 -2309.
Sec. 34.3 Appeals of orders, requirements, decisions. and determinations to the board of zoning
appeals
Appeal to the board E)f zening appeals may be WEen by a" per-son aggrieved E)r- by any affieeF, ,
board or bufeau of the coulity aff-eeted by any deeision of the zoning administrator. Sueh appeal shall be
taken within thirty (30) days after the decision appealed &om by filing with the zoning administrator-, and-
with the board of zening appeals, a notiee of appeal speeifying the gr-ounds thereof-. The zoning administr-
shall foAkwith transmit to the board of zoning appeals all the papers constituting the reeord upon which the
aetion appealed from was taken. An appeal shall stay all proeeedings in 4irther-anee of the action appealed
ffem tmiess the zoning administfatet: eei4ifies to the board of zening appeals that by reason of faets stated in
the eeAifieate a stay would in his opinion eause imminent per-il to life or- pr-epeft-y, in w-hieh ease pr-eeeedipig-g
shall not be stayed other-wise than by a restraining or-der granted by the board of zoning appeals or by a eoi—jrt
of r-eeer-d, on apphea4ien and on notiee to the zening administrator- and for- good eause •
Comment: Section 34.3 is updated and reorganized, and existing and new procedural requirements
and standards are incorporated, and a standard process for this type of matter is established.
An anneal from any order, requirement. decision or determination made by an administrative officer, and an
appeal from any decision of the zoning administrator. in the administration or enforcement of Virginia Code
H 15.2 -2280 through 15.2- 2316.2 and this chapter (collectively, a "decision "), exclusive of any decision
made under section 32, shall be considered by the board of zoning appeals as follows:
a. Standing to appeal. An appeal to the board may be taken by any person aggrieved or by any c
officer, department, board or bureau affected by any decision of the Zoning Administrator or an
administrative officer.
Comment: This is an existing standard in Virginia Code § 15.2- 2311(A).
b. Time in which to anneal decision. Anv appeal shall be received by the zoning administrator and the
board within thirty (30) days after the date of the decision. The date of the decision shall be the date
that it is mailed or hand delivered to the recipient, provided that the time in which to appeal an order
or a notice of violation shall not commence until the recipient is provided the notice required -by
section 36.2(dl.
Comment: This is an existing standard in Virginia Code § 15.2- 2311(A). The provisions pertaining to
when the 30 -day period begins to run are authorized under Virginia Code § 15.2 -2286 as part of the
administration of the zoning ordinance.
C. Form of the anneal. Any appeal shall be in writing and shall state the grounds for the appeal.
Comment: This is an existing standard in Virginia Code § 15.2- 2311(A).
d. Where anneal must be submitted. An appeal must be submitted to the zoning administrator and to the
board. An appeal received by the county s department of community development shall be deemed
to have been received by both the zoning administrator and the board.
Comment: This is an existing standard in Virginia Code § 15.2- 2311(A).
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Draft: 05/01/15
e. Payment offees. The submitted anneal shall be accompanied by the applicable fee required by
section 35.1. An appeal shall not be deemed to have been received until the required fee is paid.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance.
£ Effect of filing anneal. An appeal shall stay all proceedings in furtherance of the action appealed
from unless the zoning administrator certifies to the board that, by reason of the facts stated in the
certificate, a stay would in his opinion cause imminent peril to life or property. If the zoning
administrator makes such a certification, the proceedings shall not be staved unless either the board
or the Albemarle County Circuit Court grants a restraining order on application and on notice to the
zoning administrator and for good cause shown.
Comment: This is the existing standard in Virginia Code § 15.2- 2311(B).
9. Transmittal of information. The zoning administrator shall promptly transmit to the board all the
papers constituting the record upon which the action appealed from was taken.
Comment: This is an existing requirement in Virginia Code § 15.2- 2311(A).
h. Procedural requirements prior to the hearing. The following procedures apply prior to the board's
hearing on the appeal:
1. Scheduling the hearing on the appeal. The board shall schedule a reasonable time for the
hearing that will allow it to make a timely decision as provided in subsection (il.
Comment: This is an existing requirement in Virginia Code § 15.2 -2312.
2. Notice of the hearing. The board shall give notice of the hearing as well as written notice to
the parties to the appeal. The notice shall be given as required by Virginia Code § 15.2 -2204
provided that when ig ving an y required notice to the owners. their agents or the occupants of
abutting lots and lots immediately across the street or road from the lot that is the subject of
the appeal. the board may give such notice by first -class mail rather than by registered or
certified mail. Notice of the hearing also shall be posted as provided in section 33.4(m)(2).
Comment: These are existing requirements in Virginia Code §§ 15.2- 2309(3) and 15.2 -2312. The
County's practice of providing posted notice, as provided in the last sentence, is in addition to the
notice required by state law.
3. Contact by varties with board members. The non -legal staff of the board of supervisors. as
well as the appellant, landowner, or its agent or attorney, may have exTarte communications
with a member of the board prior to the hearing but ut may not discuss the facts or law relative
to the appeal. If an ex varte discussion of facts or law in fact occurs, the party engaging in
the communication must inform the other party as soon as practicable and advise the other
party of the substance of the communication. Prohibited ex carte communications do not
include discussions that are part of a public meeting or discussions prior to a public meeting
to which the appellant. landowner or his agent or attorney are all invited. For the purposes of
this section. the "non -legal staff of the board of supervisors" is any staff who is neither an
attorney in the county attorney's office nor appointed by pecial law.
Comment: These are new requirements in new Virginia Code § 15.2- 2308.1(A) and (C).
16
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4. Sharing information produced by county staff. Anv materials relating to an appeal. includin
a staff recommendation or report furnished to a board member. shall be available without
cost to the appellant or any person aggrieved as soon as practicable thereafter. but in no
event more than three (3) business days after the materials are provided to one or more board
members.
Comment: This is a new requirement in new Virginia Code § 15.2- 2308.1(B).
j. Procedural requirements at the hearing. The following procedures apply at the board's hearing on
the appeal:
1. The right to equal time for a party to present its side of the case. The board shall offer an
equal amount of time in a hearing on the case to the appellant or other person aggrieved and
the county staff.
Comment: This is a new requirement in Virginia Code § 15.2 -2308.
2. The administrative officer's required explanation. The administrative officer whose decision
is bgjW appealed shall explain the basis for his decision.
Comment: This is a new requirement in Virginia Code § 15.2- 2309(1).
3. The presumption of correctness. At the hearing, the administrative officer's decision is
presumed to be correct.
Comment: This is a new standard in Virginia Code § 15.2- 2309(1).
4. Burden of proof. After the administrative officer explains the basis for his decision. the
appellant has the burden of proof to rebut the presumption of correctness by a preponderance
of the evidence.
Comment: This is a new standard in Virginia Code § 15.2- 2309(1).
Time for decision. The board shall schedule a reasonable time for the hearing on an appeal so that it
may make its decision within ninety ( 90) days after the date the apTeal was filed. This ninety
day period is directory, not mandatory.
Comment: This is an existing requirement in Virginia Code § 15.2 -2312. The second sentence is based
on a decision of the Virginia Supreme Court.
k. Factors to consider when acting. The board's decision shall be based on its judgment of whether the
administrative officer's decision was correct. The board also shall consider any aMlicable
ordinances, laws, and regulations in making its decision. The board shall not base any decision on
the merits of the purpose and intent of any relevant provision in the zoning ordinance.
Comment: These are existing and new requirements in Virginia Code §§ 15.2- 2309(1) and 15.2-
2309(5).
1. Action by the board: vote required. The board may reverse or affirm, wholly or partly, or may
17
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modify, the decision annealed from. The concurring vote of three (3) members of the board is
required to reverse any decision. if the board's attempt to reach a decision results in a tie vote the
matter may be carried over until the next scheduled meeting at the request of the person filing the
Comment: These are existing requirements in Virginia Code § 15.2 -2312.
m. Effect of decision on owner: anneals from notices of violation or written orders. A decision by the
board on an appeal from a notice of violation or a written order of the zoning administrator shall be
binding upon the owner of the lot that is the subject of the appeal only if the owner was provided
written notice of the zoning violation or written order. The owner's actual notice of the notice of
zoning violation or written order, or active participation in the appeal hearing, shall waive the
owner's right to challenge the validity of the board's decision due to failure of the owner to receive
the notice of zoning violation or written order.
Comment: This is an existing requirement in Virginia Code § 15.2- 2311(A).
n. Judicial review. Any action contesting a decision of the board shall be as provided in Virginia Code
§ 15.2 -2314.
Comment: This is an existing requirement in Virginia Code § 15.2 -2314.
o. Anneals of decisions made under section 32. Any appeal of a decision made under section 32 shall
be brought only as provided in section 32.
Comment: Site plans are enabled under the state subdivision laws, and appeals of decisions made
under the County's site plan regulations in Section 32 are addressed in that section and they are
enabled by Virginia Code §§ 15.2 -2259 and 15.2 -2260.
State law reference — Va. Code S& 15.2 -2204, 15.2- 2286(A)(4). 15.2 -2308, 15.2- 2308.1. 15.2 -2309. 15.2 -2311, 15.2 -2312, 15.2 -2314.
Sec. 34.4 Applieation Variances
Comment: Section 34.4 is updated and reorganized, and a standard process for this type of matter is
established.
An application for a variance shall be considered by the board of zoning appeals (the "board ") as follows:
a. Who may file an application. An application may be filed by any owner, tenant._ government official.
department, board or bureau. (the "applicant "). The application shall pertain to one or more lots
owned or occupied by the owner, occupant, or governmental entity.
18
MIN
if I a 1111 IN 1 11
A.
Comment: Section 34.4 is updated and reorganized, and a standard process for this type of matter is
established.
An application for a variance shall be considered by the board of zoning appeals (the "board ") as follows:
a. Who may file an application. An application may be filed by any owner, tenant._ government official.
department, board or bureau. (the "applicant "). The application shall pertain to one or more lots
owned or occupied by the owner, occupant, or governmental entity.
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Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance, and identifies those who have standing to file an application.
b. Application. Each application shall be composed of a completed county- provided application form
required to review and act on the application. The zoning administrator is authorized to establish an
appropriate application form. The application form shall require the applicant to provide the
following:
1. Criteria to establish right to a variance. Information pertaining to the criteria to establish the
right to a variance in subsection (il.
2. Payment of delinquent taxes. Satisfactory evidence that any delinquent real estate taxes
nuisance charges, stormwater management utility fees, and any other charges that constitute
a lien on the subject property, that are owed to the county and have been properly assessed
against the subject property, have been paid.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance.
C. Filing the application: number of copies. The applicant shall file the application with the department
of community development. The zoning administrator is authorized to establish for each class of
Application the number of collated copies of the application required to be fled.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance.
d. Determining completeness of the application: rejecting incomplete applications. An application that
provides all of the required information on the application form shall be determined to be complete
and be accepted for review and decision. An application omitting any required information shall be
deemed to be incomplete and shall not be accepted.
1. Timing of determination ofcompleteness. The zoning administrator shall determine whether
an application is complete within ten (10) days after the application was received.
2. Procedure if application is incomplete. If the application is incomplete, the zoning
administrator shall inform the applicant by letter explaining the reasons why the application
was rejected as being incomplete. The letter shall be sent by first class mail, be personally
delivered or, if consented to b, the he applicant in writing, by fax or email.
3. Effect if timely determination not made. If the zoning administrator does not send or deliver
the notice as provided in subsection (d)(2) within the ten (10) day period, the application
shall be deemed to be complete, provided that the director may require the applicant to later
provide the omitted information within a period specified by the director, and further
provided that the zoning administrator may reject the application as provided herein if the
applicant fails to timely provide the omitted information.
4. Resubmittal of application originally determined to be incomplete. Within six (61 months
after the date the letter that an application was rejected as being incomplete was mailed,
faxed, emailed or delivered by the zoning administrator as provided in subsection dl(2), the
applicant may resubmit the application with all of the information required by this section
for a new determination of completeness under this subsection.
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Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance.
e. Payment of fees. When an application is determined to be complete, the applicant shall nay the fee
required by section 35.1 before the application is further processed.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance.
f. Transmittal of information. The zonina administrator shall promptly transmit the application and
accompanying maps, plans or other information to the secretary of the board. The zoning
administrator shall also transmit a copy of the application to the commission, which may send a
recommendation to the board or appear as a party at the hearing.
Comment: This is an existing requirement in Virginia Code § 15.2 -2310.
g. Procedural requirements Prior to the hearing. The following procedures apply prior to the board's
hearing on the application:
1. Scheduling the hearing on the application. The board shall schedule a reasonable time for
the hearing that will allow it to make a timely decision as provided in subsection (k).
Comment: This is an existing requirement in Virginia Code § 15.2 -2312.
2. Notice of the hearing. The board shall give notice of the hearing as reauired by Virginia
Code § 15.2 -2204, provided that when giving any required notice to the owners, their agents
or the occupants of abutting lots and lots immediately across the street or road from the lot
that is the subject of the variance, the board may give such notice by first -class mail rather
than by registered or certified mail. Notice of the hearing also shall be posted as provided in
section 33.4(m)(2).
Comment: These are existing requirements in Virginia Code § 15.2 -2312. The County's practice of
providing posted notice, as provided in the last sentence, is in addition to the notice required by state
law.
3. Contact by varties with board members. The non -legal staff of the board of supervisors. as
well as the applicant, landowner, or its agent or attorney, have ex Parte communications
with a member of the board prior to the hearing but may not discuss the facts or law relative
to the an_nlication. If an ex parte discussion of facts or law in fact occurs, the party engaging
in the communication must inform the other party as soon as practicable and advise the other
party of the substance of the communication. Prohibited ex Parte communications do not
include discussions that are part of a public meeting or discussions prior to a public meeting
to which the applicant landowner or his agent or attorney are all invited. For the purposes of
this section, the "non -legal staff of the board of supervisors" is any staff who is neither an
attorney in the county attorney's office nor appointed by special law.
Comment: These are new requirements in new Virginia Code § 15.2- 2308.1(A) and (C).
4. Sharing information produced by county staff. Any materials relating to an ap_nlication.
including a staff recommendation or report furnished to a board member, shall be available
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without cost to the appellant or any person aggrieved as soon as practicable thereafter, but in
no event more than three (3) business days after the materials are provided to one or more
board members.
Comment: These are new requirements in new Virginia Code § 15.2- 2308.1(B).
h. Procedural requirements at the hearing. The following procedures apply at the board's hearingon
the application:
1. The right to equal time for a party to present its side of the case. The board shall offer an
equal amount of time in a hearing on the case to the applicant and the county staff.
Comment: This is a new requirement in Virginia Code § 15.2 -2308.
2. Burden of proof. The applicant has the burden to prove by a preponderance of the evidence
that his application meets the definition of a variance in Virginia Code & 15.2 -2201 and the
criteria in subsection (i).
Comment: This is a new standard in Virginia Code § 15.2- 2309(2).
i. Criteria to establish the right to a variance. The board shall grant a variance if the evidence shows:
it that strict application of the terms of the ordinance would unreasonably restrict the utilization of
the property: or (ii) that granting the variance would alleviate a hardship due to a physical condition
relating to the property or improvements thereon at the time of the effective date of the ordinance•
and all of the following:
1. Good faith acquisition and hardship not self - inflicted. The propertv interest for which the
variance is being requested was acquired in good faith and any hardship was not created by
the applicant for the variance.
2. No substantial detriment. Granting the variance will not be a substantial detriment to
adjacent property and nearby properties in the proximity of that geographical area.
3. Condition ofsituation not general or recurring. The condition or situation of the property
not of so general or recurring a nature as to make reasonably practicable the formulation of a
general regulation to be adopted as an amendment to the ordinance.
4. Use variance prohibited. Granting the variance does not result in a use that is not otherwise
permitted on the property or a change in the zoning classification of the property.
5. Special use permit or special exception not available. The relief or remedy sought by the
variance application is not available through a special use permit or special exception
authorized by this chapter when the application is filed.
Comment: These are new criteria for granting a variance under Virginia Code § 15.2- 2309(2).
Factors not to be considered. The board shall not base any decision on the merits of the purpose and
intent of any relevant provision in the zoning ordinance.
Comment: This is an existing requirement in Virginia Code § 15.2- 2309(5).
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k. Time for decision. The board shall schedule a reasonable time for the hearing on an application so
that it may make its decision within ninety (90) days after the date the application was deemed to be
complete. This ninety (90) day period is directory, not mandatory.
Comment: This is an existing requirement in Virginia Code § 15.2 -2312. The second sentence is based
on a decision of the Virginia Supreme Court.
1. Action by the board: vote required to grant variance. The concurring vote of three (3) members of
the board is required to grant a variance.
Comment: This is an existing standard in Virginia Code § 15.2 -2312.
In. Conditions on variance. In granting a variance, the board may impose conditions, as follows:
1. Nature of conditions. The board may i=ose reasonable conditions regarding the location.
character, and other features of the proposed structure or use as it may deem necessary in the
public interest.
2. Guarantee or bond to ensure compliance. The board also may require that the applicant
provide a guarantee or bond to ensure that the conditions imposed are being and will
continue to be complied with.
3. Conditions deemed to be essential and nonseverable. Except as the board may pecify in a
articular case, any condition imposed on a variance shall be deemed to be essential and
nonseverable from the variance itself and any condition determined to be invalid void or
unlawful shall invalidate the variance.
Comment: Subsections (k)(1) and (2) are existing requirements in Virginia Code § 15.2- 2309(2);
subsection (m)(3) is authorized under Virginia Code § 15.2 -2286 as part of the administration of the
zoning ordinance.
n. E fect of granting variance: expansion ofstructure. The property pon which a property owner has
been granted a variance shall be treated as conforming for all purposes under state law and this
chapter: however, any structure permitted by a variance may not be expanded unless the expansion is
within an area of the site or part of the structure for which no variance is required under this chapter.
If an expansion is proposed within an area of the site or part of the structure for which a variance is
required, the approval of an additional variance shall be required.
Comment: These are existing requirements in Virginia Code § 15.2- 2309(2).
o. Withdrawal of application. An application may withdrawn, or be deemed to be withdrawn, as
provided herein:
1. Reauest to withdraw by applicant. An application may be withdrawn upon written reauest b
the applicant. The written request must be received by the board prior to it beginning
consideration of the matter on the meeting agenda. Upon receipt of the request for
withdrawal, processing of the application shall cease without further action by the board. An
applicant may not submit an application that is substantially the same as the withdrawn
application within one (1) year of the date of withdrawal unless the board, at the time of
withdrawal, specifies that the time limitation shall not apply.
22
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2. When application deemed withdrawn. An application shall be deemed to have been
voluntarily withdrawn if the applicant requested that further processing or formal action on
the application be indefinitely deferred and the board is not requested by the applicant to
take action on the application within one (1) year after the date the deferral was requested.
Upon written request received by the zoning administrator before the one (1) year period
expires, the zoning administrator may grant one extension of the deferral period for a period
determined to be reasonable, taking into consideration the nature of the application the
complexity of the review, and the laws in effect at the time the request for extension is made.
Upon written request received by the secretary of the board before the extension of the
deferral period granted by the zoning administrator expires, the board may grant one
additional extension of the deferral period determined to be reasonable, taking into
consideration the size or nature of the application, the complexity of the review, and the laws
in effect at the time the request for extension is made. The timely receipt by the clerk of the
extension request shall toll the expiration of the extended deferral period until the board acts
on the request.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance.
p. Resubmittal ofsimilar denied application. An applicant may not submit an application that is
substantially the same as the denied application within one (1) year after the date of the denial.
Comment: This is an existing standard in Virginia Code § 15.2 -2310.
a. Judicial review. Any action contesting a decision of the Board under this section shall be as provided
in Virginia Code & 15.2 -2314.
Comment: This is an existing requirement in Virginia Code § 15.2 -2314.
State law reference — Va. Code && 15.2 -2204. 15.2- 2286(A)(4) and (B). 15.2 -2308. 15.2- 2308.1, 15.2 -2309, 15.2 -2310, 15.2 -2312. 15.2-
2314.
Comment: This section is repealed because its subject matter is replaced by the procedures in Sections
34.3 et seq. for each different type of matter considered by the BZA.
23
Draft: 05/01/15
Any per-sen 441y E)r- sever-ally aggrieved by any deeision of the bear-d of zefliflg appeals, OF afly
taxpayer-, or- any offieer-, department, board or- bur-eau of the eoufAy, may present to the eir-euit eotH4 of
tion speeifying the grounds on whieh aggr4eved within thirty (30) days aftef the filing of the
dfervi.si�_m__ _�H the off4ee of the board of zoning appeals, i"ieh petiti ed in aeeor-danee with see
15.2 231 n, of the Code
Comment: This section is repealed because its subject matter is replaced by the provisions in sections
18 -34.3 et seq. for each different type of matter considered by the BZA.
See, 34.5 Special use pe
Comment: Section 34.5 is new to provide a procedure for special use permits considered by the BZA.
An application for a special use permit authorized by sections 4.15.5 and 4.15.5A shall be considered by the
board of zoning anneals as follows:
a. Who may file an application. An application may be filed by any owner, tenant._ government official .
department, board or bureau. (the "applicant"). The application shall pertain to one or more lots
owned or occupied by the owner, occupant, or governmental entity.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance, and identifies those who have standing to rile an application.
b. Application. Each application shall be composed of a completed county-provided application form
required to review and act on the application. The zoning administrator is authorized to establish an
appropriate application form. The application form shall require the applicant to provide the
following:
1. Factors to be considered for acting on the application. Information pertaining to the factors
to be considered for a special use permit in subsection (il.
2. Payment of delinquent taxes. Satisfactory evidence that any delinquent real estate taxes .
nuisance charges, stormwater management utility fees, and any other charges that constitute
a lien on the subject property, that are owed to the county and have been properly assessed
against the subject property, have been paid.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance.
C. Filing the annlication: number of conies. The applicant shall file the application with the department
of community development. The zoning administrator is authorized to establish for each class of
application the number of collated copies of the application required to be filed.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance.
d. Determining completeness of the application: rejecting incomplete applications. An application that
provides all of the required information on the application form shall be determined to be complete
and be accepted for review and decision. An application omitting any required information shall be
deemed to be incomplete and shall not be accepted.
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1. Timing of determination ofcomnleteness. The zoning administrator shall determine whether
an application is complete within ten (10) days after the application was received.
2. Procedure if application is incomplete. If the application is incomplete, the zoning
administrator shall inform the applicant by letter explaining the reasons why the application
was rejected as being incomplete. The letter shall be sent by first class mail, be personally
delivered or, if consented to by the applicant in writing, by fax or email.
3. Effect if time determination not made. If the zoning administrator does not send or deliver
the notice as provided in subsection (d)(2) within the ten (10) day period, the application
shall be deemed to be complete, provided that the director may require the applicant to later
rovide the omitted information within a period specified by the director, and further
provided that the zoning administrator may reject the application as provided herein if the
applicant fails to timely provide the omitted information.
4. Resubmittal of application originally determined to be incomplete. Within six (61 months
after the date the letter that an application was rejected as being incomplete was mailed,
faxed, emailed or delivered by the zoning administrator as provided in subsection (d)(2), the
applicant may resubmit the application with all of the information required by this section
for a new determination of completeness under this subsection.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance.
e. Payment of fees. When an application is determined to be complete, the applicant shall pay the fee
required by section 35.1 before the application is further processed.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance.
f. Transmittal of information. The zoning administrator shall promptly transmit the application and
accompanying maps, plans or other information to the secretary of the board. The zoning
administrator shall also transmit a copy of the application to the commission, which may_ send a
recommendation to the board or appear as a party at the hearing
Comment: This is an existing requirement in Virginia Code § 15.2 -2310.
g. Procedural requirements prior to the hearing. The following procedures apply prior to the board's
hearing on the application:
1. Scheduling the hearing on the application. The board shall schedule a reasonable time for
the hearing that will allow it to make a timely decision as provided in subsection (kl.
Comment: This is an existing requirement in Virginia Code § 15.2 -2312.
2. Notice of the hearing. The board shall give notice of the hearing as reauired by Virginia
Code & 15.2 -2204, provided that when giving any required notice to the owners, their agents
or the occupants of abutting lots and lots immediately across the street or road from the lot
that is the subject of the special use permit, the board may give such notice by first -class
mail rather than by registered or certified mail. Notice of the hearing also shall be posted as
provided in section 33.4(m)(2).
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Draft: 05/01/15
Comment: These are existing requirements in Virginia Code § 15.2 -2312. The County's practice of
providing posted notice, as provided in the last sentence, is in addition to the notice required by state
law.
3. Sharing information vroduced by county staff. Anv materials relating to an application
including a staff recommendation or report furnished to a board member, shall be available
without cost to the appellant or any person aggrieved as soon as practicable thereafter. but in
no event more than three (3) business days after the materials are provided to one or more
board members.
Comment: These requirements are authorized under Virginia Code § 15.2 -2286 as part of the
administration of the zoning ordinance.
h. Procedural requirements at the hearing. The board shall offer an equal amount of time in a hearing
on the case to the applicant and the county staff.
Comment: This is a new requirement in Virginia Code § 15.2 -2308.
i. Factors to consider when acting. The board shall reasonably consider the following factors when it
is reviewing and actin on�a Special use permit:
1. No substantial detriment. The proposed special use will not be a substantial detriment to
adjacent lots.
2. Character of district unchanged. The character of the district will not be changed bv_ the
proposed special use.
3. Harmony. The proposed special use will be in harmony with the purpose and intent of this
chapter, with the uses permitted by right in the district, with the regulations provided in
sections 4 and 5, as applicable, and with the public health, safety, and welfare.
4. Consistency with comprehensive plan. The proposed special use will be consistent with the
comprehensive plan.
Comment: These are the criteria for granting a special use permit in Section 33.8 of the zoning
ordinance.
Factors not to be considered. The board shall not base any decision on the merits of the purpose and
intent of any relevant provision in the zoning ordinance.
Comment: This is an existing requirement in Virginia Code § 15.2- 2309(5).
k. Time for decision. The board shall schedule a reasonable time for the hearing on an application so
that it may make its decision within nine (t� 90) days after the date the application was deemed to be
complete. This ninety (90) day period is directory. not mandatory.
Comment: This is an existing requirement in Virginia Code § 15.2 -2312. The second sentence is based
on a decision of the Virginia Supreme Court.
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1. Action by the board: vote required to grant special use permit. The concurring vote of three (31
members of the board is required to grant a special use permit.
Comment: This is an existing standard in Virginia Code § 15.2 -2312.
M. Conditions. In granting a special use permit, the board may impose conditions, as follows:
1. Nature of conditions. The board may impose such conditions relating to the use for which a
permit is granted as it may deem necessary in the public interest, including limiting the
duration of a Hermit.
2. Guarantee or bond to ensure compliance. The board also may require that the applicant
provide a guarantee or bond to ensure that the conditions imposed are being and will
continue to be complied with.
3. Conditions deemed to be essential and nonseverable. Except as the board may pecify in a
articular case, any condition imposed on a special use permit shall be deemed to be
essential and nonseverable from the permit itself and any condition determined to be invalid_
void or unlawful shall invalidate the permit.
Comment: Subsections (m)(1) and (2) are existing provisions in Virginia Code § 15.2- 2309(6);
subsection (m)(3) is authorized under Virginia Code § 15.2 -2286 as part of the administration of the
zoning ordinance.
n. Revocation otpermit. The board may revoke a special use permit that it previously granted if it
determines, after a hearing, that there has not been compliance with the terms or conditions of the
permit. The board shall give notice of the hearing as required by Virginia Code § 15.2 -2204,
provided that when ivgingan� required notice to the owners, their agents or the occupants of
abutting lots and lots immediately across the street or road from the lot that is the subject of the
special use permit, the board may give such notice by first -class mail rather than by registered or
certified mail.
Comment: This is an existing standard in Virginia Code § 15.2- 2309(7).
o. Withdrawal of application. An application may withdrawn, or be deemed to be withdrawn, as
provided herein.
1. Reauest to withdraw by applicant. An application may be withdrawn upon written reauest b
the applicant. The written request must be received by the board prior to it beginning
consideration of the matter on the meeting agenda. Upon receipt of the request for
withdrawal, processing of the application shall cease without further action by the board. An
applicant may not submit an application that is substantially the same as the withdrawn
application within one (1) year of the date of withdrawal unless the board, at the time of
withdrawal, specifies that the time limitation shall not apply.
2. When application deemed withdrawn. An application shall be deemed to have been
voluntarily withdrawn if the applicant requested that further processing or formal action on
the application be indefinitely deferred and the board is not requested b, the he applicant to
take action on the application within one (1) year after the date the deferral was requested.
Upon written request received by the zoning administrator before the one (1) year period
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expires, the zoning administrator may grant one extension of the deferral period for a period
determined to be reasonable, taking into consideration the nature of the application. the
complexity of the review, and the laws in effect at the time the request for extension is made.
Upon written request received by the secretary of the board before the extension of the
deferral period granted by the zoning administrator expires, the board may grant one
additional extension of the deferral period determined to be reasonable, taking into
consideration the size or nature of the application. the complexity of the review, and the laws
in effect at the time the request for extension is made. The timely receipt by the clerk of the
extension request shall toll the expiration of the extended deferral period until the board acts
on the request.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance.
p. Resubmittal ofsimilar denied application. An applicant may not submit an application that is
substantially the same as the denied application within one (1) year after the date of the denial.
Comment: This is an existing standard in Virginia Code § 15.2 -2310.
Judicial review. Any action contesting a decision of the board under this section shall be as provided
in Virginia Code & 15.2 -2314.
Comment: This is an existing requirement in Virginia Code § 15.2 -2314.
State law reference — Va. Code && 15.2 -2204. 15.2- 2286(A)(4) and (B). 15.2 -2309. 15.2 -2310, 15.2 -2312. 15.2 -2314.
Sec. 34.6 Interpreting a district man
Comment: Section 34.6 is new to provide a procedure for applications to interpret a district map by
the BZA.
An application to internret a district map shall be considered by the board of zoning appeals as follows:
a. Who may file an annlication. An application may be filed by anv owner. tenant. government official
department, board or bureau. (the "applicant"). The application shall pertain to one or more lots
owned or occupied by the owner, occupant, or governmental entity.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance, and identifies those who have standing to file an application.
b. Application. Each application shall be composed of a completed county-provided application form
required to review and act on the application. The zoning administrator is authorized to establish an
appropriate application form. The application form shall require the applicant to provide the
following:
1. Factors to be considered for an application. Information pertaining to the factors to be
considered for interpreting a district map in subsection (il.
2. Payment of delinquent taxes. Satisfactory evidence that any delinquent real estate taxes .
nuisance charges, stormwater management utility fees, and any other charges that constitute
28
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a lien on the subject property, that are owed to the county and have been properly assessed
against the subject property, have been paid.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance.
C. Filing the application: number of conies. The applicant shall file the application with the department
of community development. The zoning administrator is authorized to establish for each class of
application the number of collated conies of the application required to be filed.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance.
d. Determining completeness of the application: rejecting incomplete applications. An application that
provides all of the required information on the application form shall be determined to be complete
and be accented for review and decision. An application omitting any required information shall be
deemed to be incomplete and shall not be accented.
1. Timing of determination of completeness. The zoning administrator shall determine whether
an application is complete within ten (10) days after the application was received.
2. Procedure if application is incomplete. If the application is incomplete, the zoning
administrator shall inform the applicant by letter explaining the reasons why the application
was rejected as being iplete. The letter shall be sent by first class mail, be personally
delivered or, if consented to by the applicant in wri ting_ by fax or email.
3. Effect if time determination not made. If the zoning administrator does not send or deliver
the notice as provided in subsection (d)(2) within the ten (10) day period, the a licatjon
shall be deemed to be complete, provided that the director may require the applicant to later
provide ft omitted information within a period specified by the director, and further
provided that the zoning administrator may reject the application as provided herein if the
applicant fails to timely provide the omitted information.
4. Resubmittal of application originally determined to be incomplete. Within six (61 months
after the date the letter that an application was rejected as being incomplete ncomplete was mailed,
faxed, emailed or delivered by the zoning administrator as provided in subsection (d)(2), the
applicant may resubmit the application with all of the information required by this section
for a new determination of completeness under this subsection.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance.
e. Payment of fees. When an application is determined to be complete, the applicant shall pay the fee
required by section 35.1 before the application is further processed.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance.
£ Transmittal of information. The zoning administrator shall promptly transmit the application and
accompanying maps, plans or other information to the secretary of the board.
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Comment: This subsection is required by Virginia Code § 15.2 -2310. Note that unlike the procedures
for variances and special exceptions, the information is not transmitted to the planning commission
and it is not a potential party to the proceeding.
g. Procedural requirements prior to the hearing. The following procedures apply prior to the board's
hearing on the application:
1. Scheduling the hearing on the application. The board shall schedule a reasonable time for
the hearing that will allow it to make a timely decision as provided in subsection (k).
Comment: This is an existing requirement in Virginia Code § 15.2 -2312.
2. Notice of the hearing. The board shall give notice of the hearing to the owners of the lots that
are affected by the question and as required by Virginia Code & 15.2 -2204, provided that
when ig ving any required notice to the owners, their agents or the occupants of abutting lots
and lots immediately across the street or road from the lot that is the subject of the special
use permit, the board may give such notice by first -class mail rather than by registered or
certified mail. Notice of the hearing also shall be posted as provided in section 33.4(ml(21.
Comment: These are existing requirements in Virginia Code §§ 15.2- 2309(4) and 15.2 -2312. The
County's practice of providing posted notice, as provided in the last sentence, is in addition to the
notice required by state law.
3. Contact by parties with board members. The non -legal staff of the board of supervisors. as
well as the applicant, landowner, or its agent or attorney_, may have ex parte communications
with a member of the board prior to the hearing but may not discuss the facts or law relative
to the application. If an ex parte discussion of facts or law in fact occurs, the party engaging
in the communication must inform the other party as soon as practicable and advise the other
arty of the substance of the communication. Prohibited ex parte communications do not
include discussions that are part of a public meeting or discussions prior to a public meeting
to which the applicant, landowner or his agent or attorney are all invited. For the purposes of
this section. the "non -legal staff of the board of supervisors" is any staff who is neither an
attorney in the county attorney's office nor appointed by special law.
Comment: These are new requirements in new Virginia Code § 15.2- 2308.1(A) and (C).
4. Sharing information produced by county staff. Anv materials relating to an application
including a staff recommendation or report furnished to a board member, shall be available
without cost to the appellant or any person aggrieved as soon as practicable thereafter, but in
no event more than three (3) business days after the materials are provided to one or more
board members.
Comment: These are new requirements in new Virginia Code § 15.2- 2308.1(B).
h. Procedural requirements at the hearing. The board shall offer an equal amount of time in a hearing
on the case to the applicant and the county staff.
Comment: This is a new requirement in Virginia Code § 15.2 -2308.
i. Factors to consider when acting. The board shall reasonably consider the following factors when it
is reviewing and acting on an application to interpret at district map:
30
Draft: 05/01/15
1. Uncertainty in district boundary. Whether there is any uncertainty as to the location of a
district boundary, provided that the board shall not have the bower to change substantially
the locations of district boundaries that are established by ordinance.
Comment: This is an existing requirement in Virginia Code § 15.2- 2309(4).
2. Intent and purpose ofsection or district. The board may interpret the map in such way as to
carry out the intent and purpose of the ordinance for the particular section or district in
question.
Comment: This is an existing requirement in Virginia Code § 15.2- 2309(4).
j. Factors not to be considered. The board shall not base any decision on the merits of the pupsose and
intent of any relevant provision in the zoning ordinance.
Comment: This is an existing requirement in Virginia Code § 15.2- 2309(5).
k. Time for decision. The board shall schedule a reasonable time for the hearing on an application so
that it may make its decision within ninety (90) days after the date the application was deemed to be
complete. This ninety (90) day period is directory, not mandatory.
Comment: This is an existing requirement in Virginia Code § 15.2 -2312. The second sentence is based
on a decision of the Virginia Supreme Court.
1. Action by the board: vote required to grant special use permit. The concurring vote of three (31
members of the board is required to change a district boundary.
Comment: This is an existing standard in Virginia Code § 15.2 -2312.
m. Withdrawal of application. An application may be withdrawn, or be deemed to be withdrawn as
provided herein:
1. Reauest to withdraw by applicant. An application may be withdrawn noon written reauest b
the applicant. The written request must be received by the board prior to it beginning
consideration of the matter on the meeting agenda. Upon receipt of the request for
withdrawal, processing of the application shall cease without further action by the board. An
applicant may not submit an application that is substantially the same as the withdrawn
application within one (1) year of the date of withdrawal unless the board at the time of
withdrawal specifies that the time limitation shall not apply.
2. When application deemed withdrawn. An application shall be deemed to have been
voluntarily withdrawn if the applicant requested that further processing or formal action on
the application be indefinitely deferred and the board is not requested b, the he applicant to
take action on the application within one (1) year after the date the deferral was requested.
Upon written request received by the zoning administrator before the one (1) year period
expires, the zoning administrator may grant one extension of the deferral period for a period
determined to be reasonable, taking into consideration the nature of the application the
complexity of the review, and the laws in effect at the time the request for extension is made.
Upon written request received by the secretary of the board before the extension of the
deferral period granted by the zoning administrator expires, the board may grant one
31
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additional extension of the deferral period determined to be reasonable, taking into
consideration the size or nature of the application, the complexity of the review, and the laws
in effect at the time the request for extension is made. The timely receipt by the clerk of the
extension request shall toll the expiration of the extended deferral period until the board acts
on the request.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance.
n. Resubmittal ofsimilar denied application. An applicant may not submit an application that is
substantially the same as the denied application within one (1) year after the date of the denial.
Comment: This subsection is authorized under Virginia Code § 15.2 -2286 as part of the administration
of the zoning ordinance.
o. Judicial review. Any action contesting a decision of the board under this section shall be as provided
in Virginia Code & 15.2 -2314.
Comment: This is an existing requirement in Virginia Code § 15.2 -2314.
State law reference — Va. Code && 15.2 -2204. 15.2- 2286(A)(4) and (B). 15.2 -2308. 15.2- 2308.1, 15.2 -2309, 15.2 -2310, 15.2 -2312. 15.2-
2314.
Section 34A
Architectural Review Board (Added 10 -3 -90)
Sec. 34A.1 Architectural review board:} appointment and organization
Comment: This section is reorganized and certain provisions pertaining to retaining records and
keeping minutes are deleted because those provisions are covered by state law.
There is hereby er-eate I An architectural review board (the "board "1 is hereby established, eensisting of
f fti herein. subject to the following
a. Members and their appointment. The board shall have five (5) members. Each member shall be
appointed by the board of supervisors.
b. Eligibility. ^" fi• «` ,,, °ab°r° Each member shall be a qualified residents of Albemarle County
and shall have a demonstrated interest, competence or knowledge in architecture, andle site design,
or both.
C. Term. Members shall be appointed for terms of four (4) years and shall serve at the pleasure of the
board of supervisors. Initial appointments shall be for two (2) members for four (4) years and three
(3) members for two (2) years.
The ar-ehitee�ufal r-eview board may, fFem time to time, adopt stieh fules a-ad r-egula4iens eensistent with th
or-dinanees of the eounty and the laws of the Commonwealth as it may deem neeessafy to eaffy etA the "ies
imposed by this or-dinanee. The meetings of t4e board shall be held a� the ea4l of its ehaiffflan or- at stleh
32
Draft: 05/01/15
d. Organization. The board shall ehoes° amiu lly its ^...,, elect at its annual meeting a chairman, who
shall preside over all meetings, and a vice - chairman} who shall act in the absence of the chairman.
The ear-d shall keep m4utes of its pr-eeeediags, showing the vote of eaeh member- upen eaeh
"estion, or-if absent or-- failing to w) ° ;ndieating sueh sue f et All ,.° E)F- S Of Offieial .,etiO,-.S Shall
beee ° part of the permanent r ords of the board. The board may adopt rules of procedure to
facilitate the conduct of its business at its meetings.
e. Quorum. A quorum shall be a majority of all the members of the board.
f. Resources: obtaining services. Within the limits of funds appropriated by the board of supervisors,
the afehiteetur l reN ie w board may employ or contract for such secretaries, clerks, legal counsel,
consultants and other technical and clerical services as the afeh tee4 r°l evict ., >, ° °ra it may deem
necessary f°° t..ansaefie to transact its business. The ar-eh teetuf°l review board shall have the
°tip may request the opinion, advice or other aid of any officer, employee, board, bureau or
commission of the county within the seepe of his °r its r-espeetive eempetenee.
g. Compensation. Members of the board shall receive such compensation as may be authorized by the
board of supervisors, from time to time, by ordinance or resolution.
State law reference — Va. Code && 15.2- 2286(A)(4). 15.2 -2306,
Sec. 34A.2 Powers and duties of the architectural review board
Comment: This section is reorganized.
The architectural review board (the "board") shall have the following powers and duties:
appy-opr4a4e design standards for- sueh distfiets for- m4ifiemiea by the beai-7d of s .
b. The afehiteetufal review board may, fr-ofn time to tifne, r-eeetnfflead areas for- designation as EG
ever-lay distfiet-s-,
of zoning appeals in r-ezeniags, speeial use pefmits, site develepmen4 plans, subdivisions, var-ia-aees
a. Meet and conduct business. Regularly meet to conduct its business as provided in section 34A.1 and
this section.
b. Review initial site plans. Review initial site plans and provide requirements and recommendations as
provided in section 32.4.2.2(bl.
C. Review and act on certificates of appropriateness. Review and act on applications for certificates of
appropriateness for any structure, and associated improvements, or any portion thereof, that are
visible from the entrance corridor street to which the parcel is contiguous, as provided in sections
30.6.4, 30.6.6 and 30.6.7.
d. Promulgate design guidelines. Promulgate design guidelines as provided in section 34A.3.
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e. Provide recommendations and act as advisor. Recommend areas to be included in the entrance
corridor overlay districts and streets to be designated as entrance corridor streets, and act as an
advisor to the commission, the board of supervisors and the board of zoning aanneals on any
applications for approval under this chapter or chapter 14.
State law reference — Va. Code &S 15.2- 2286(A)(4). 15.2 -2306.
See. 34A.3 Design guidelines
Comment: This section is added to better describe the process for developing design guidelines.
The architectural review board (the "board") shall promulgate design guidelines it determines to be
appropriate for one or more entrance corridors:
a. Review and act on certificates of appropriateness. The board shall review and act on applications for
certificates of appropriateness for any structure, and associated improvements, or any portion
thereof, that are visible from the EC street to which the parcel is contiguous, as provided in sections
30.6.4.30.6.6 and 30.6.7.
b. Promulgation. The board shall promulgate design guidelines by an affirmative vote to approve the
guidelines.
C. Notice of promulgation. Before the board acts on any design guidelines, notice that design guidelines
are being considered for approval shall be advertised as provided in Virginia Code & 15.2 -2204.
d. Ratification. After the board has promulgated the design guidelines, it shall forward them to the
board of supervisors for ratification. The board of supervisors may ratify_ the design guidelines in
whole or in part. If the board of supervisors decides to ratify the design guidelines, it shall do so by
an affirmative vote to confirm the architectural review board's approval. Any design guidelines not
ratified by the board of supervisors shall be returned to the architectural review board for
reconsideration, modification or other action.
e. Effect of ratification. Any design guideline shall become effective only after it has been ratified by
the board of supervisors.
State law reference — Va. Code && 15.2- 2286(A)(4). 15.2 -2306,
Section 36
Violations
Sec. 36.2 Enforcement
The zoning administrator is authorized to enforce this chapter as follows:
a. Investigation. Upon receipt of a complaint or a request to investigate whether this chapter is being
violated, the zoning administrator or his designee shall conduct an investigation.
b. Inspection warrants and search warrants. The zoning administrator is authorized to request and
execute inspection warrants issued by a magistrate or court of competent jurisdiction to allow the
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inspection of dwellings authorized under Virginia Code § 15.2- 2286(A)(15). The zoning
administrator also is authorized to request and execute search warrants issued by a court of
competent jurisdiction as provided by law. Prior to seeking an inspection warrant or a search
warrant, the zoning administrator or his agent shall make a reasonable effort to obtain consent from
the owner or tenant to enter the structure or property to conduct an inspection or search.
C. Subpoenas duces tecum (court order to produce records). Whenever the zoning administrator has
reasonable cause to believe that any person has engaged or is engaging in any violation of this
chapter that limits occupancy in a dwelling unit and, after a good faith effort to obtain the data or
information necessary to determine whether a violation has occurred, has been unable to obtain such
information, he may request that the office of the county attorney petition the judge of the general
district court for a subpoena duces tecum against any person refusing to produce the data or
information, as authorized under Virginia Code § 15.2- 2286(A)(4).
d. Notice of violation; exception. If, upon completion of the investigation, the zoning administrator
determines that a violation of this chapter exists, a notice of violation shall be issued to the person
committing} x permitting the violation. or both. if the coning administrator determines to pursue
enforcement; provided that a notice of violation shall not be required to be issued for a violation
initiated by a ticket under section 36.3(x).
Contents of notice. The notice shall include the following information: (i) the date of the
notice; (ii) the basis for the decision; (iii) a statement informing the recipient that the
decision may be appealed to the board of zoning appeals within the applicable appeal period
provided in section 34.3 and that the decision shall be final and unappealable if it is not
timely appealed; (iv) the applicable appeal fee: (yJ a reference to where additional
information may be obtained regarding filing an anneal: and (iv) the time within which the
violation shall be abated.
Comment: The added language clarifies and addresses the new informational requirement under
Virginia Code § 15.2 -2311.
2. Delivery of notice. The notice shall be either hand delivered, posted on the door of a
building on the site, or mailed by regular or certified mail, provided that notice to the
property owner, sent by certified mail to, or posted at, the last known address of the property
owner as shown on the current real estate tax assessment books or current real estate tax
assessment records shall satisfy the notice requirements of this section.
e. Remedies. In the enforcement of this chapter, the zoning administrator may pursue any remedy
authorized by law. The remedies provided in sections 36.3, 36.4 and 36.5 are cumulative and not
exclusive except to the extent expressly provided therein, and shall be in addition to any other
remedies authorized by law.
( §36.2, 12- 10 -80; §36.3, 12- 10 -80; § 36.4, 12- 10 -80; Ord. 09- 18(3), 7 -1 -09)
State law reference — Va. Code & 15.2 -2204. 15.2- 2286(A)(4), 15.2 -2311
Sec. 36.3 Civil penalties
Any person, whether the owner, lessee, principal, agent, employee or otherwise, who violates any provision
of this chapter as provided in section 36. 1, or permits either by granting permission to another to engage in
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the violating act or by not prohibiting the violating act after being informed by the zoning administrator that
the act violates this chapter as provided in section 36.2, shall be subject to the following:
a. Procedure. Proceedings seeking civil penalties for all violations of this chapter under this section
36.3 shall commence either by filing a civil summons in the general district court or by the zoning
administrator or his deputy issuing a ticket.
b. Minimum elements of a civil summons or ticket. A civil summons or ticket shall contain, at a
minimum, the following information: (i) the name and address of the person charged; (ii) the nature
of the violation and the section of this chapter allegedly violated; (iii) the location and date that the
violation occurred or was observed; (iv) the amount of the civil penalty being imposed for the
violation; (v) the manner, location and time in which the civil penalty may be paid to the county; (vi)
the right of the recipient of the summons to elect to stand trial and that a signature to an admission of
liability will have the same force and effect as a judgment of a court; and either the date scheduled
for trial, or the date for scheduling of such trial by the court.
C. Amount of civil penalty. Any violation of this chapter shall be subject to a civil penalty of two
hundred dollars ($200.00) for the initial summons, and a civil penalty of five hundred dollars
($500.00) for each additional summons arising from the same set of operative facts.
d. Maximum aggregate civil penalty. The total civil penalties from a series of violations arising from
the same set of operative facts shall not exceed five thousand dollars ($5,000.00). After the civil
penalties reach the five thousand dollar ($5,000.00) limit, the violation may be prosecuted as a
criminal misdemeanor under section 36.4.
e. Each day a separate offense; single offense in 10 -day period. Each day during which a
violation is found to exist shall be a separate offense. However, the same scheduled violation arising
from the same operative set of facts may be charged not more than once in a ten (10) day period.
f. Option to prepay civil penalty and waive trial. Any person summoned or ticketed for a violation of
this chapter may elect to pay the civil penalty by making an appearance in person or in writing by
mail to the department of finance prior to the date fixed for trial in court. A person so appearing may
enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. A
signature to an admission of liability shall have the same force and effect as a judgment of court.
However, soh an admission shall not be deemed a criminal conviction for any purpose. If a person
charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall
be tried in the general district court in the same manner and with the same right of appeal as provided
by law. A finding of liability shall not be deemed a criminal conviction for any purpose.
g. Civil penalties are in lieu of criminal penalties. A violation enforced under section 36.3 shall be in
lieu of any criminal penalty except as provided in section 36.3(d) and section 36.4 and, except for
any violation resulting in injury to any person, such a designation shall preclude the prosecution of
the particular violation as a criminal misdemeanor, but shall not preclude any other remedy available
under this chapter.
h. Violations excluded. Section 36.3 shall not be construed to allow the imposition of civil penalties: (i)
for activities related to land development where, for the purposes of this section, the term "land
development" means a human -made change to, or construction on, the land surface including, but
not limited to, land disturbing activity within the meaning of chapter 17 of Albemar4e Getint-y Code
or the construction of buildings, structures or improvements under an approved site plan or
subdivision plat, but does not mean the land development project's compliance with this chapter; or
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(ii) for the violation of any provision of this chapter relating to the posting of signs on public
property or public rights -of -way.
i. Assessment of civil penalties during anneal period. No civil penalties shall be assessed by a court
having jurisdiction during the pendency of the thirty (30) day anneal period provided under section
Comment: Subsection (i) is required by Virginia Code § 15.2- 2311(A).
(§ 37.2; Ord. 00- 18(5), 6- 14 -00; Ord. 02- 18(3), 2- 13 -02; Ord. 05-18(3),3-16-05; Ord. 06- 18(1), 7- 05 -06)
State law reference — Va. Code §115.2-2209, 15.2 -2311.
Sec. 36.5 Injunctive relief and other remedies
Any violation of this chapter may be restrained, corrected, or abated as the case may be by in an action by the
board of supervisors seeking injunctive if�uetion or other appropriate relief.
Comment: Although Virginia Code § 15.2 -2208 is silent as to who brings an action for injunctive relief,
Virginia Code § 15.2 -2209 refers to the action under section 15.2 -2208 being brought by the governing
body.
(§ 37.3; Ord. 00- 18(5), 6- 14 -00)
State law reference — Va. Code § 15.2 -2208.
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
Ave Nay
Mr. Boyd
Ms. Dittmar
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Sheffield
Clerk, Board of County Supervisors
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