HomeMy WebLinkAboutZTA201500003 Staff Report 2015-06-02 (2)Draft: 05/22/15
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. 36.1 Violations
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 approved initial site plan has on other- ftAwe and perm„, approvals
certificates of appropriateness and early or mass grading
Sec.32.7.4.1 Erosion a-ad sedi en4 e ntfo , �Stormwater management, and other- w er- r°gtllat o ; water
pollution; soil characteristics
Sec. 34.1 Board of zoning appeals; appointmen establishment and organization
Sec. 34.3 Appeals of orders, requirements, decisions, and determinations to the board of zoning
appeals
Sec. 34.4 ppkemio f r —Variances
By Adding:
Sec. 32.4.2.9
Approval of early or mass grading prior to initial site plan approval
Sec. 32.4.3.9
Duty to comply
Sec. 34.5
Special use permits
Sec. 34.6
Interpreting a district map
Sec. 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
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Variance: A reasonable deviation from those provisions regulating the shape size., or area of a lot, or the
size, height area, bulk., or location of a structure when the strict application of this chapter would result in
tmaeeessar-y able b -dshi . to the !and ev,%e 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)
(§ 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.
b. Information to be submitted: number of copies. 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
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provide a copy of the most recent deed description of the land. Each applicant shall also provide any
other information the coning administrator deems necessary to review the application.
bc. 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 coning administrator shall not
approve a building permit in the following circumstances:
1. 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 § x-400 17 -1000
until the applicant complies with Albemarle County Code § 1:7 -401- 17 -1001.
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)_
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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
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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.
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:
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
purposes of this chapter in a manner equal to or exceeding the desired effects of the
requirement in section 32.7.
3. 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 ft3), that requiring undergrounding would not forward the
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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 initial site plan has on other- futaFe and pending
approvals certificates of appropriateness and early or mass grading
The approval of an An approved 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 eonventional zoning dist-Fiet, ineluding any eeaveR4ienal zoning distfiet also within
efAfanee eofFider- ever-lay dist-r-iet, an appr-eved initial site plan is an "appr-eved site plan" wit-kin the
raea-aing of seetion 17 204(E). As sueh, an erosion and sediment eefitFel plan and eoffespondi
grading pemiit may be approved under- ehapter- 17, provided the developer- has satisfied the
eonditions of approval identified by the agent in the letter- r-e"ir-ed by seetion 32.4.2.5(e), a-ad ftwther-
Early or mass
rig. 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 grading may be approved
under chapter 17, subject to the following: (i) no grading permit, building permit, or other permit
shall be issued and no land disturbing activity ctivity 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
e� 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 b the 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.
Not-withstanding seetion 8. S. 5.4 (e) but subj eet to seetions 3 2.6.4 a-ad 3 2.8.6, en any site withi
ZOPAng district also within an
entrance corridor overlay district, an approved initial site plan is an "approved site planl' within the
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,
1016" IND.
Wil
(§ 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.
Sec. 32.4.2.9 Approval of early or mass grading prior to initial site plan approval
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 rg ading are in conformity with
the conceptual rg ading=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 grading 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 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; and (iii) any site within a dam break inundation zone is
subject to section 32.8.7.
State law reference — Va. Code §§ 10 .1 563, 15.2 -2241, 15.2- 2286(A)(4), 15.2 -2306, 62.1- 44.15:55.
Sec, 32.4.3.9 Duty to comply
Each site, if it is developed, shall be developed and maintained in compliance with the approved final site
plan.
State law reference — Va. Code §§ 15.2 -2240. 15.2 -2246, 15.2- 2286(Al(81.
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;
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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.
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.
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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.
r. 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
information: (i) the site plan pertains to at least one block: (ii) a phasing plan: and (iiil building
elevations for all new or modified structures.
((§ 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(l),15.2-2258, 15.2- 2286(A)(8).
Federal law reference — 44 CFR § 60.3(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 and 17 ^n^ 17 -1003 and 17 -1004, if applicable. The requirements of
sections 17 403 and 17 ^n^ 17 -1003 and 17 -1004 shall be satisfied prior to final site plan approval.
(§ 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.
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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 V ^ 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.
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.
Sec.32.7.4.1 Erosion and sediment eontFo , Stormwater management, and other water regulations;
water pollution; soil characteristics
Each site plan shall comply with the following:
a . Stormwater management . 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 etseq., 10.1 603 2 ..t se 10.1 -2108, 15.2- 2241(3), 15.2 -2283 62.1- 44.15:24 et sea.
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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, afIEVe
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 4 VAC § 50 30 10 9VAC25 -840-
10 that satisfies the minimum standards in 9VAC25- 840 - 40(19) to
the boundary of the site.
2. An easement along any natural stream or man -made waterway located on the site that will be
used for drainage purposes.
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 board
the board
of appr-epr-ia4ed
of s"efviser-s,
of zoning appeals may empiff
> elefks,
the board deem
iegal eounsel,
for- tFansaetion
of its business.
of zoning appeals may
neeessafy
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Within the limits of Amds appr-opr-iated by the board of supef�viser-s, the board of zonifig appeals may empiff
the beafd of zoning appeals may deem neeessar-y for- transaetion of its business.
Member-s of the boar-d of zoning appeals shall r-eeeive stieh eempeffsation as may be authofized by the board
of supervisors time to tire, by or-dif a- ems or-resolution.
Any board member- may be removed for- malfeasanee, misfeasanee or- HE)fifeasafiee iff Offiee, Or- fOr- Othef j
ea-use, by the eotift whieh appointed him, aftef hear-ing held after- a4 least fifteen (15) days The board of zoning appeals shall ha-ve the authority to request the opinion, adviee or- other- aid of any •
,
The board of zoning appeals may, from tifne to tifne, adopt sueh i:ules and regulations eensistefft with the
or-dina-nees of the eetHAy and the laws of the Cofmnonwealth as it may deem neoessar-y to eaffy out the &ties
imposed by this or-dinanee. The meetings of the beaf:d shall be held at the ea4l of its ehaifman er- m sueh tifnes
•
,
pr-eeeedings, showing the vote of eaeh member- upon eaeh quest4on, or- if absen4 or- failing to vote, indieMing
A board of zoning appeals is hereby established. subject 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.
11
1111.
ml,
1! O
Within the limits of Amds appr-opr-iated by the board of supef�viser-s, the board of zonifig appeals may empiff
the beafd of zoning appeals may deem neeessar-y for- transaetion of its business.
Member-s of the boar-d of zoning appeals shall r-eeeive stieh eempeffsation as may be authofized by the board
of supervisors time to tire, by or-dif a- ems or-resolution.
Any board member- may be removed for- malfeasanee, misfeasanee or- HE)fifeasafiee iff Offiee, Or- fOr- Othef j
ea-use, by the eotift whieh appointed him, aftef hear-ing held after- a4 least fifteen (15) days The board of zoning appeals shall ha-ve the authority to request the opinion, adviee or- other- aid of any •
,
The board of zoning appeals may, from tifne to tifne, adopt sueh i:ules and regulations eensistefft with the
or-dina-nees of the eetHAy and the laws of the Cofmnonwealth as it may deem neoessar-y to eaffy out the &ties
imposed by this or-dinanee. The meetings of the beaf:d shall be held at the ea4l of its ehaifman er- m sueh tifnes
•
,
pr-eeeedings, showing the vote of eaeh member- upon eaeh quest4on, or- if absen4 or- failing to vote, indieMing
A board of zoning appeals is hereby established. subject 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.
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b. Eligibility. Each member shall be a aualified resident of Albemarle Countv.
C. Term: vacancies: serving beyond expiration of term. Members shall be appointed for terms of five
(5) 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
county except that one member maybe 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.
£ Quorum. A quorum shall be a majority of all the members of the board.
g. 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.
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 ha-ve the following power-s and duties in aeeor-daneevvith seetion 15.2
2309 ofthe Gode:
piffsttafft hereto-.
T-E) author-ize upon appeal or- or-iginal appliemien in speeifie eases sueh var-ia-nee ffem the teFms of this
or-dinanee as will not be eefAfafy to the publie interest, when owing to speeial eenditions a !4
shall be obsen,ed and substantial justiee done, as fellowsi
When a pr-epefty evffier- ean show dia4 his pr-epef�y was aeqttir-ed in good faith and where, by reason of the
exeeptional naffowness, shallowness, size or- shape of a speeifie pieee of pr-opei4y a4 the time of the effeetive
12
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No be by the board
it finds.- (a) that the
sueh variance shall authorized of zoning appeals
this hardship; (b)
unless str-iet
that har-Elship is
applieation of or-dinanee would pr-oduee undue
sueh not shared generally-by
,var-ianee be detriment to
that the the distr-iet
will not of substantial adjaeent property
be ehanged by the granting of the var-ianee.
and ehar-aeter- of will
ON NO IN
MR
OU Lm AL
WW.2Am
No be by the board
it finds.- (a) that the
sueh variance shall authorized of zoning appeals
this hardship; (b)
unless str-iet
that har-Elship is
applieation of or-dinanee would pr-oduee undue
sueh not shared generally-by
,var-ianee be detriment to
that the the distr-iet
will not of substantial adjaeent property
be ehanged by the granting of the var-ianee.
and ehar-aeter- of will
,
ehar-aeter- and other- feattifes of the proposed stt:uetwe-e-v lu�se -As it imay deem fieeessafy in the ptiblie interest,
and may r-eq] 4ee or- band to insure t44 the eenditietis inTesed are being a-Rd will eopAifme to
To hear- and deeide appeals fFem the deeision of the zoning administfater,
after- publie hearing with fietiee as fequir-ed by seetion 15.2 2204 of the Code, the board of zoning appeals
may in4eFpf:et the map in sueh way as to eaffy E)u4 the ia4en4 and the pur-pose of this or-diamee for- the
paftieular- seetion or- distriet in question. The board of zoning appeals shall fiet have the power-, however-, to
rezone property or- substantially to ehange the loeeAiens of distfiet betindar-ies as established by this or-diamee
rd the zoning nW.
The board of zoning anneals shall have the following powers 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 the mess 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 zoning
administrator, in the administration or enforcement of Virginia Code && 15.2 -2280 through 15.2-
2316.2 and this chapter, exclusive of section 32, as provided in section 34.3.
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C. Variances. To consider and approve variances as provided in section 34.4.
d. Svecial use vermits. 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 map 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 ofwitnesses. The chairman, or in his absence the
vice - chairman, may administer oaths and compel the attendance of witnesses for any hearing on an
appeal under section 34.3 or any application for a variance under section 34.4.
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 of zoning appeals may be taken by any per-son aggrieved Ew by any offieer, ,
taken within thit4y (30) days after- the deeision appealed from by filing with the zoning ad+ffiiiistfator-,
with the board of zoning appeals, a notiee of appeal speeifying the gr-eunds thereof-. The z0flifig administf
shall feffi+with transmit to the beafd of zening appeals all the papefs eeastitdting the r-eear-d upon whieh the
aetion appealed ffem was taken. An appeal shall stay all pFeeeediags in fiti4hefaaee of the aetion appealed
ffem iinless the zoning admiaist+a4er- eeftifies to the board of %aiffg appeals that by reason of faets stated in
the eeAifieate a stay would in his apinion ea-use immineat per-il to life or- pr-opeft-y, in w-hieh ease pr-eeeediag�
shall not be stayed et4efwise than by a r-estfaining Ewder- granted by the board of zening appeals E)r- by a eei-if-t
An appeal 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
& 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 anneal. An appeal to the board may be taken by any person aggrieved or by any county
officer, department, board or bureau affected by any decision of the Zoning Administrator or an
administrative officer.
b. Time in which to appeal decision. Any appeal shall be received by the zoning administrator and the
board within thirty (3 0) days after the date of the decision; provided that any aMeal of a notice of
violation involving te=orary or seasonal commercial uses, parking commercial trucks in residential
zoning districts, maximum occupancy limitations of a residential dwelling unit, or similar short-term .
recurring violations, shall be received by the zoning administrator and the board within ten (101 days
after the date of the decision.. The date of the decision shall be the date of the letter or written notice,
provided that the time in which to appeal an order or a notice of violation shall not commence unless
and until the recipient is provided the notice required by section 36.2(d) .
C. Form of the appeal. Any appeal shall be in writing and shall state the grounds for the appeal.
d. Where appeal must be submitted. An appeal must be submitted to the zoning administrator and to the
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board. An anneal received by the countv's department of communitv development shall be deemed
to have been received by both the zoning administrator and the board.
e. Payment of fees. The submitted appeal shall be accompanied by the applicable fee reauired by
section 35.1. An appeal shall not be deemed to have been received until the required fee is paid.
f. 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.
g. 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.
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 anneal. The board shall schedule a reasonable time for the
hearing that will allow it to make a timely decision as provided in subsection (il.
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 i�g=gnrequired 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 subiect 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).
3. Contact by parties 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 ex party communications
with a member of the board prior to the hearing but may not discuss the facts or law relative
to the appeal. If an ex narte 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 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 special law.
4. Sharing information produced by county staff. Any materials relating to an appeal, 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.
i. 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
15
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the county staff.
2. The administrative officer's required explanation. The administrative officer whose decision
is being annealed shall explain the basis for his decision.
3. The presumption of correctness. At the hearing, the administrative officer's decision is
presumed to be correct.
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.
i. 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 appeal was filed. This ninety (901
day period is directory, not mandatory.
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 applicable
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.
1. Action by the board: vote required. The board may reverse or affirm, wholly or partly. or may
modify, the decision appealed 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
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.
n. Judicial review. Any action contesting a decision of the board shall be as provided 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.
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 yariances
16
wili
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Code. The zoning administrator shall also transmit a eopy of the applieationto the conunission hi-ch.m.-a-Y,
send a reeommendation to the board of zoning appeals or appear as a party at the hearing.
An application for a variance shall be considered by the board of zoning anneals (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.
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.
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 filed.
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 ofcomoleteness. 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 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
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
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applicant may resubmit the application with all of the information required by this section
for a new determination of completeness under this subsection.
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.
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.
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.
2. Notice of the hearing. The board shall give notice of the hearing as 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).
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 narte 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 enga ing
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 narte 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.
4. Sharing information produced by county staff. Any 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.
h. Procedural requirements at the hearing. The following procedures apply at the board's hearing on
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.
2. Burden of proof. The applicant has the burden to prove by 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).
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i. Criteria to establish basis to grant a variance. The board shall grant a variance if the evidence
shows: (i) 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 acauisition 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 of situation not general or recurring. The condition or situation of the propert y is
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.
i. 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.
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.
1. Action by the board: vote rewired to grant variance. The concurring vote of three (3) members of
the board is required to grant a variance.
In. Conditions on variance. In r anting a variance, the board may impose conditions, as follows:
1. Nature of conditions. The board may impose 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 specify in a
particular 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.
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n. Effect of Qrantinz variance: expansion ofstructure. The property upon which a property owner has
been granted a variance shall be treated as conforming for all purooses 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.
o. 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 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 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.
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.
Judicial review. Any action contesting a decision of the Board under this section shall be as provided
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.
20
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Sec. 34.5 Special use permits.
An application for a special use hermit authorized by sections 4.15.5 and 4.15.5A shall be considered by the
board of zoning appeals 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.
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.
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 copies of the application required to be filed.
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 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 he 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.
21
The eonewring vote of thfee (3) members
determination
shall be neeessary
to deeide in favor
to reverse any > requirement,
the
deeision or
P-,h-- 1A
of an administrative offieer
is to the
or
to
of applieant on any matter
from this
upon vinh-i
r-equired pass under- or-dinanee
or- effeet a" vafia-aee
of-dinanee.
Sec. 34.5 Special use permits.
An application for a special use hermit authorized by sections 4.15.5 and 4.15.5A shall be considered by the
board of zoning appeals 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.
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.
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 copies of the application required to be filed.
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 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 he 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.
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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 ofannlication originally determined to be incomplete. Within six (6) 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.
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.
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
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.
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(ml(2).
3. 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.
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.
i. Factors to consider when acting. The board shall reasonably consider the following factors when it
is reviewing and acting on a special use permit:
1. No substantial detriment. The proposed special use will not be a substantial detriment to
adjacent lots.
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2. Character of district unchanged. The character of the district will not be changed y e
proposed special use.
3. Harmony. The proposed special use will be in harmony with the pumose 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.
Factors not to be considered. The board shall not base any decision on the merits of the puroose and
intent of any relevant provision in the zoning ordinance.
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.
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.
M. Conditions. In ra�ntinga 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
duration of a permit.
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
particular 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.
n. Revocation ofpermit. 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 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.
o. Withdrawal of application. An application may be withdrawn, or be deemed to be withdrawn, as
provided herein:
1. Request to withdraw by applicant. An application may be withdrawn upon written request by
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
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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 annlication 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
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.
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.
a. Judicial review. Any action contesting a decision of the board under this section shall be as provided
in Virginia Code & 15.2 -2314.
Sec. 34.6 Interpreting a district man
An application to internret a district map shall be considered by the board of zoning appeals 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.
b. Application. Each application shall be composed of a completed county-provided aapplication 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
a lien on the subject property; that are owed to the county and have been properly assessed
against the subject property, have been paid.
C. Filing �pplication: 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
24
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application the number of collated conies of the application required to be filed.
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 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 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 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 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.
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.
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.
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 l.
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 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(ml(21.
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, have ex Rarte 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 exRarte discussion of facts or law in fact occurs, the party engaging
25
Draft: 05/22/15
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 purnoses
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.
4. 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.
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.
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:
1. Uncertainty in district boundary. Whether there is any uncertainty as to the location of a
district boundam provided that the board shall not have the power to change substantially
the locations of district boundaries that are established by ordinance.
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.
i. 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.
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.
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.
M. 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
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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.
n. Resubmittal ofsimilar denied application. An applicant may not submit an application that is
substantially the same as the denied application within one (11 year after the date of the denial.
o. Judicial review. Any action contesting a decision of the board under this section shall be as provided
in Virginia Code & 15.2 -2314.
State law reference —Va. Code S& 15.2-2204,15.2-2286(A)(4) and (L3).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
There is hereby er-ea4e I An architectural review board (the "board "1 is hereby established,
foFth heFein. subject to the following:
a. Members and their aRpointment. The board shall have five (5) members. Each member shall be
appointed by the board of supervisors.
b. Eli ibi ility . Each member shall be a qualified residents of Albemarle County
and shall have a demonstrated interest, competence or knowledge in architecture, ands 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-ehiteaufal r-eview board may, fFem time to time, adopt stieh fules and r-egplatieas eensistent with th
or-dinanees of the eetinty and the laws of the Gewmeawealth as it ffmy deem neeessafy to eaffy etA the duties
imposed by this or-dinanee. The meetings of the beafd shall be held a4 the eall of its ehaifman or- a4 sueh
d. Organization. The board shall ehoese annually its e 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 minutes of its pr-eeeedings, showing the vote of eaeh member- upon eaeh
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question, o if absent e g te vote, indie , ing sueh sue f et All -e ,, .as Of O ffieia „^,:,,Rs Shall
beee ° „^f* of the permanent r er-ds 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 ar-ehiteetffal revie w board may employ or contract for such secretaries, clerks, legal counsel,
consultants and other technical and clerical services as the areh teet ra ew b ' it may deem
necessary for transaetio to transact its business. The arehiteetural review board shat
.,,,to may request the opinion, advice or other aid of any officer, employee, board, bureau or
commission of the county within the seope of his or its r eetiv° competenee.
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 - 22860(4). 15.2 -2306,
Sec. 34A.2 Powers and duties of the architectural review board
The architectural review board (the "board") shall have the following powers and duties:
b. The afehiteetttfal r-eview board may, fFem time to time, r-eeewnmead areas fOr ElesigRatiOfl as EG
ever-lay , aist -r- et
e. The ar-ehiteetufal review board shall be adviser-y to the eemmission, board of supefvisofs and baar-d
efzeniag appeals in wzeaings, speeial use pem4its, site development plans, subdivisions, var-ianees
and other- m at4e, ..;phi F(' ever-lay disc -ietom
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.
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 appeals on any_
applications for approval under this chapter or chapter 14.
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State law reference — Va. Code && 15.2- 2286(A)(4). 15.2 -2306.
Sec. 34A.3 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 S 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.
Section 36
Violations
Sec. 36.1 Violations
The following are violations of this chapter and are declared to be unlawful:
a. Uses. Any use of a structure, improvement or land, established, conducted, operated or maintained
in violation of any provision of this chapter, any approved application plan, site plan, code of
development, zoning clearance, or condition accepted or imposed in conjunction with any county
approval under this chapter, or without any required permit, certificate or other required approval
under this chapter.
b. Structures or improvements. Any structure or improvement and, within the flood hazard overlay
district, any development as that term is defined in section 30.3.5, that is established, conducted,
operated or maintained in violation of any provision of this chapter, any approved application plan,
site plan, code of development, zoning permit, zoning clearance, or condition accepted or imposed in
conjunction with any county approval under this chapter, or without any required permit, certificate
or other required approval under this chapter.
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C. Structures without buildingpermits. Any structure for which a building permit application is
required that is started, established, constructed, reconstructed, enlarged or altered without a building
permit.
d. Use of structure or site without certificate of occupancy. Any use of a structure or site for which a
certificate of occupancy is required that is conducted, operated or maintained without a certificate of
occupancy.
e. Requirements and standards. The failure to comply with any other requirement or standard of this
chanter•
(§ 36.1, 12- 10 -80, 12- 20 -80; Subsection c: § 31.2.1, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01; subsection d:
§ 31.2.3.1, 12- 10 -80, 6 -2 -82, 9 -9 -92; Ord. 01- 18(6), 10 -3 -01; Ord. 09- 18(3), 7 -1 -09; Ord. 14- 18(1), 3 -5 -14)
State law reference — Va. Code § 15.2 -2286.
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
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} aver permitting the violation. or both, if the zoning 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; (v) a reference to where additional
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information may be obtained regarding filing an anneal: and (iv) the time within which the
violation shall be abated.
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)
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
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, stay. 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.
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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, 6e& 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 Albemarle Geia� 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
(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 ppeal period provided under section
34.3(b1
(§ 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 §J 15.2 -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 inl unctive men or other appropriate relief.
(§ 37.3; Ord. 00- 18(5), 6- 14 -00)
State law reference — Va. Code § 15.2 -2208.
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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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