HomeMy WebLinkAbout1996-11-132.
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4.
5.
6.
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12.
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Call to Order.
Pleage of Allegiance.
Moment of Silence.
Other Matters Not Listed on the Agenda fromthe PUBLIC.
Consent Agenda Ion next sheet,.
SP-96-35. Suzanne Crane (Sign #D. Public Hearing on a request for a Home Occupation-
Class B for a pottery shop on approx I ac zoned VII on E sd of Rt 743 across from
Earlysville Animal Hospital. TM31,P36. White Hall Dist. See SP-96-36 for additional
request. (This property is not located in a designated development area. ~
SP-96-36. Matthew Crane (Sign #7L Public Hearing on a request for a Home Occupation-
Class B for equipment storage for a home building business. Location is same as that
described in SP-96-35.
SP-96-37. Buck Mountain Church (Sign #10). Public Hearing on a request so construct
addition of approx 1300 sf to existing church on approx 5 ac zoned RA on E sd of Rt 743
approx 700 ft S of Rt 663. TM31,P35&35AI. White Hall Dist. (This property is not
located in a designated development area. i
SP-96-38. University of Virginia Employees Credit Union (Signs # 12 & # 16). Public Hearing
on a request for drive-through windows in connection with financial institution on approx
4 ac zoned HC in NE corner of Berkmar/Woodbrook Dr inters. TM45,P109E. Rio Dist.
I'This site is recommended for Regional Service. i
Public Hearing on an ordinance ro amend and reordain Chapter i i, Licenses. Article I, In
General. and Article II, Schedule of Taxes. of the Code of Albemarle. This amendment
would conform the County Code to state law effective January 1, i997.
Discussmn: Capital Improvements Program/Monticello High School Bids.
Approval of Minutes: July 19 and August 2, 1995; August 14 and September 11 I996.
Other Matters Not Listed on the Agenda from the BOARD.
Adjourn.
FOR INFORMATION:
5.1 Copy of Planning Commission rrdnutes for October 22. 1996.
5.2
Letter dated November 5. 1996. from Gerald G. Utz, Contract Administrator, Department of
Transportation. to Ella W. Carey, Clerk, providing notice of public hearing on the proposed
improvements to the two bridges on Route 614 Sugar Hollow Road~.
5.3 Copy of Preliminary 1995 Virginia Assessment Sales Ratio Study prepared by the Virginia
Department of Taxation.
5.4
Notice of Order from the State Corporation Commission of Investigation of Spent Nudear Fuel
Disposal mad application by Virginia Electric and Power Company to revise its fuel factor
pursuant to Virginia Code § 56-249.6
5.5 Copy of Albemarle County Service Authority's Comprehensive Annual Financial Report for the
fiscal year ended June 30. I996.
5.6 Copy of minutes of the Rivanna Water & Sewer Authority Board of Directors for September 23.
1996
5.7 Copy of minutes of the Albemarle-Charlottesville Regional Jail Authority for September 12. 1996.
FOR APPROVAL:
5.8 Request to set a public hearing to amend Sections 8-26 and 8-28 of the County Code to change
the filing dates for Real Estate Tax Exemption for Certain Elderly and Handicapped Persons.
5.9 Request to set a public hearing t6 amend Sections 12-24 and 12-27 of the County Code to
provide for a change in the method of issuing County vehide licenses
5. I0 Request to set a public hearing to amend Sections 8-70 and 12-I3 of the County Code to repeal
Zhese sections and provide the benefits through a voucher system to be handled adaninistratively.
5.11 Appropriation: Capital Lease for Mainframe Computer. $466.621 (Form #95090).
Charlotte Y. Humphris
Forrest ~ Matsha~ -Jr,
COUNTY OF ~) REMA~ F
Offies of Board of Supervisors
40! Mdntim Roed
C. hadol~esville, V'nx;jinia 22902-4596
(804) 29~-5843 FAX (~)4) 296-5~00
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Robert W. Tucker, Jr., County Executive
V. Wayne C'flimberg, Director, Planning & Community Development
Ella W. Caxey, Cterk :~/
November 14, 1996
Board Actions of November 13, 1996
Following is a list of actions taken by the Board of Supervisors at its meeting on November 13, 1996:
Agenda Item No. 1. Call to Order. The me,ting was called to order at 7:00 p.m., by the Chairman. Mrs.
Humphris, with all members present.
Agenda Item No. 5.8. Request to set a public hearing to amend Sections 8-26 and 8-28 of the County Code to
change the filing dates for Real Estate Tax Exemption for Certain Elderly and Handicapped Persons. Public Henring
set for December 11, 1996.
Agenda Item No. 5,9. Request to set a public hearing to amea~d Sections 12-24 and 12-27 of the County Code
to provide for a change in the method of issuing County vehicle hcenses. Public Hearing set for December 11. 1996.
Agenda Item No. 5.10, Request to set a public hearing to amend Sections 8-70 and 12-13 of the County Code
to repeal these sections and provide the benefits lt~ough a voucher system to be handled administratively, Public
ltearing set for December 11, 1996.<
Agenda Item No. 5.11. Appropriation: Capital Lease for Mainframe Computer, $466,621 {Form (~95090).
APPROVED. Appropriation form sent to Melvin Breedan.
Agenda Item No. 6. SP-96-35. Suzanne Crane (Sign i~rT). Pabhc Hearing on a request for a Home
Occupation-Class B for a pottery shop on approx 1 ac zoned VR on E sd of Rt 743 across from Earlysville Animal
Hospital. TM31,tB6. White Hall Dist. See $P-96-36 for additional request. (This property is not located in a
desi~,Baated development area,)
Printed on recycled paper
Memo To: Robert W. Tucker, Jr.
V. Wayne Cilimberg
Date: November 14, 1996
Page 2
APPROVED with the following cenditiens (Number 3 was amended from the Planning Commission's
recommendation):
2.
3.
4.
5.
The entrance onto Route 743 and the applicable properties shall be maintained such that sight distance
is optimlz~ed, providing a minimum of 250 feet of sight distance;
Vehicles with trailers and/or vehicles with more than two axles shall not be used at the subject location
more than once per month in conjunction with the home occupation;
Studio/kiln openings shall be allowed only if adequate parking can be anunged either on-site of off-site
and there shall be not more than four, one-day events per year. The permittee shall provide to the
Zoning Administrator evidence of adequate un-sita or off-site perking;
Submission of a Certified Engineer's Report indicating that the regulations of the State Ai~ Pollution
Control Board will be met by the proposed kiln to be filed by the applicant and approved by the County
Engineer prior to the issuance of a zo~ing compliance clearance;
Not more than two apprentices shall be allowed at one time.
Agenda Item No, 7. SP-96-36. Matthew Crane (Sign/fT). Public Hearing on a request for a Home
Occupation-Class B for eqmpmem storage for a home building business. Location is same as that described in SP-96-35.
APPROVED with the following conditions:
The entrance onto Route 743 and the applicable properties shah be maintained such that sight distance
is optimized, providing a minimum of 250 feet of sight distance;
Vehicles with trailers and/or vehicles with more than two axles shall not be used at the subject location
more than once per month in conjunction with the home occupation.
Agenda Item No. 8. SP-96-37, Buck Mountain Church (Sign #10). Public Hearing on a request to construct
addition of approx 1300 sf to existing church on approx 5 ac zoned RA on E sd of Rt 743 epprox 700 ft S of Rt 663.
TM31,P35&35A1. White HaH Dist. (lids property is not located in a designated development area./
APPROVED subject to the following conditions:
Development shall be in general accord with the plan tiffed "Proposed Addition to Buck Mounta~m
Episcopal Church' prepared by S.L. Key and initialed WDF 10/2/96 and with plans tiffed "Proposed
Addition to Buck Mountain Episcopal Church ' prepared by Samuel E. Damell and initialed WDF
10/2/96 except as amended to address requested revisions of the site review committee and to allow
maintenance of the existing rock wall and colunm;
Approval of this permit shall not constitute approval of a day care/nursery school.
Agenda Item No. 9. $P-96-38. University of Virg'mia Employees Credit Union (Signs #12 & #16). Public
Hearing on a request for drive-through windows in connection with financial institution on approx 4 ac zoned/:lC in NE
corner of Berkmar/Woodhrook Dr inters. TM45.PlO9E. Rio Dist. (This site is recommended for Regional Service.)
A~ROVED subject to the following conthtio~,:
Memo To: Robert W. Tucker,
V. Wayae Cilimberg
Date: November 14, 1996
Page 3
Development sha~ be in general accord with the site plan rifled ~A New Bnilfling for University of
Vizginia Employees C~edit Union ~ and initialed "WDF 9/30/96".
Agenda Item No. 10. Public Hearing on an ordinance to amend and reordain Chapter 11. Licenses. Article I,
In General, and Article Il, Schedule of Taxes, of the Code of Albemarle. This amendment would conform the County
Code to state law effective January 1, 1997.
ADOPTED the ordinance as advertised keeping the mx in See. 11-51, FortuneteIlers. clah~voyants and
practitioners of palmistry or phrenology at the current rate of $500.00, A copy will be available for distribution soom
Agenda Item No. 11. Discussion: Capital Impxovements Program/Monticello High School }~ds.
VOTED TO ACCEPT Scenario II as set out in the staff's report.
EWC:~n
Attachment (1)
e: Richard E. Huff,
Roxanne White
Jan Sprinkle
AmeYm M¢Culley
Bzeuce Woodzell
Richard Wood
Kevin Castner
Lanky Davis
File
APPROPRIATION REQUEST
FISCAL YEAR 95/96 NLrMBER 95090
TYPE OF APPROPRIATION
ADDITIONAL
TRANSFER
NEW
ADVERTISEMENT REQUIRED
YES
NO X
FUND CIP-GENERAL
PURPOSE OF APPROPRIATION:
FUNDING FOR PURCHASE OF MAINFRAME COMPUTER UPGRADE.
EXPENDITURE
COST CENTER/CATEGORY DESCRIPTION AMOUNT
************************************************************************
1901012200800706 CPU/SOFTWARE/MAINTENANCE S466,62t.00
TOTAL $466,621.00
REVENUE DESCRIPTION AMOUNT
2901041000410605 CAPITAL LEASE PROCEEDS $466,621.00
TOTAL
$466,621.00
~EQUESTING COST CENTER:
FINANCE
~PPROVALS:
IRECTOR OF FINANCE
DARD OF SUPERVISORS
S I GNATURE
DATE
?-
ORDINANCE NO. 96-11 I1 }
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 11, LICENSES, ARTICLE I, IN GENERAL, AND
ARTICLE IL, SCHEDULE OF TAXES, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA,
BE IT ORDAINED by the Board of County Supervisors of the County of Albemarle, Virginia:
That Chapter 11, Licenses, Article I, In General and Article II, Schedule of Taxes, is hereby
amended and reordained as follows:
By Adding New:
Section 11-1.1
Section 11-4.1
Section 11-4.2
Section 11-4,3
Section 11-16.1
Overriding conflicting ordinances.
Persons subject to licensure.
License fee.
Situs of gross receipts.
Same--Limitations, extensions, appeals and rulings.
By Amending:
Section 11-1
Section 11-2
Section 11~3
Section 11-4
Section 11-5
Section 11-6
Section 11-7
Section 11-8
Section 11-9
Section 11-10
Section 11-11
Section 11-12
Section 11-13
Section 11-14
Section 11-15
Section 11-16
Section 11-17
Section 11-18
Section 11-19
Section 11-20
Section 11-23
Section 11-27
Section 11-32
Section 11-38
Section 11-40
Section 11-46.1
Section 11-49
Section 11-51
Section 11-55
Section 11-58
Section 11-60
Section 11-62
Section 11-65
Section 11-66
Purpose of chapter.
Definitions.
Application of chapter; term of license; disposition of funds.
Businesses subject to tax.
Licenses deemed a personal privilege.
Applications--Generally.
Seme--Information required.
Separate license required for each place of business.
Licenses for persons beginning business, profession, etc.
Transfer.
Display of form, tag, etc., as evidence.
Taxes-When payable; penalties for nonpayment.
Same--Persons liable to keep records; report of gross receipts,
Same-~Payment by corporations, partnerships, etc.
Same--Assessment.
Same--Certification of erroneous assessments; refunds.
Same--Proration.
Same--Exemptions.
Revocation.
Compliance with Zoning Ordinance and Fire Prevention Code.
Violations; penalties,
Alcoholic beverages.
Building or savings and loan associations.
Loan agencies,
Pawnbrokers.
Utility companies.
Carnivals and circuses.
Fortunetellers, Clairvoyants and practitioners of palmistry or
~hreno[ogy.
Amount of tax.
Exemption generally when city, town or county license purchased
elsewhere; exception.
Peddlers; itinerant merchants.
Peddlers-at wholesale.
Financial, real estate and r~rofessional services.
Repair, personal, business and other services.
Section 11-68
Section 11-69
Section 11-75
By Repealing:
Section 11-24
Section 11-54
Section 11-59
Section 11-64
Chapter 11, BPOL Tax
(Page 2)
Retail merchants.
Wholesale march,ants.
Vending machine or coin-operated device operators, etc.
Minimum tax based on gross receipts or gross expenditures.
Definitions,
Deduction of receipts taxed by another city, town or county.
Definitions.
11-1.
11-1.1.
11-2.
11-3.
11-4.
11-4.1
11-4.2
11-4.3
11-5.
11-6
11-7.
11-8.
11-9.
11-10,
11-11,
11-12.
3 11-13.
§ 11-14.
§ 11-15.
3 11-16.
3 11-16,1.
§ 11-17.
§ 11-18,
3 11-19,
§ 11-20,
§ 11-21.
3 11-22.
§ 11-22.1.
3 11-23,
ARTICLE I, IN GENERAL
Purpose of chapter.
Overriding conflicting ordinances,
Definitions.
Levy and collection of tax.
Persons subject to tax.
Persons subject to licensure.
License fee,
Situs of gross receipts.
Licenses deemed a personal privilege,
Applications--Generally.
Same--Information required,
Separate license required for each place of business.
Licenses for persons beginning =usiness.
Transfer,
Retention of receipt,
Taxes--When payable; interest and penalties for late payment or nonpayment;
overpayment,
Same--Persons liable to keep records; report of gross receipts.
Same--Payment by corporations, partnerships, etc.
Same--Assessment.
Same--Certification of erroneous assessments; refunds.
Same--Limitations, extensions, appeals and rulings,
Same--Proration,
Same--Exclusions and deductions of gross receipts.
Revocation,
Compliance with Zoning Ordinance and Fire Prevention Code.
Exhibition of contractor's, etc., license prerequisite to obtaining permit, county contract
or subcontract.
Enforcement of chapter.
Payment of administrative costs and collection fees.
Violations; penalties.
3 11-24.
33 11-25, 11-2.6.
§ 11-27,
3 § 11-28--11-30.
Article II. Schedule of Taxes,
Division 1. Generally,
Repealed.
Repealed.
Alcoholic beverages.
Repealed.
Chapter 11; BPOL Tax
( Pi~ge ~) ,? .., :,~; .;
11-31.
11-32.
§ 11-33--11-37.
11-34.
11-35.
11-40.
Bondsmen.
Building or savings and loan associations.
Repealed.
Loan agencies.
Repealed.
Pawnbrokers:
§ § 11-41 --11-46. Repealed.
§ 11-46.1. Public service corporations,
§ 11-47. Repealed.
Division 2. Amusements.
-48. Generally.
-49, Carnivals and circuses.
-50. Repealed.
-51. Fortunetellers, clairvoyants and practitioners of palmistry or phrenology.
1-52, 11-53. Repealed.
Division 3, Contractors, Developers, Electricians, Plumbers,
Steamfitters and Speculative Builders.
-54,
-55.
-56
-57
-58.
§ 11-59.
Repealed.
Amount of tax.
Repealed.
Repealed.
Exemption generally when city, town or county license purchased elsewhere; exception
and deduction
Repealed.
Division 4. Peddlers, Solicitors and Itinerant Merchants.
§ 11-60.
§ 11-60.1.
§ 11-61.
§ 11-62,
§ 11-63,
Peddlers; itinerant merchants.
Show and sale.
Repealed.
Peddlers--at wholesale.
Peddlers, itinerant merchants and peddlers at wholesale.
Division 5. Personal, ProfessionaJ, Business or Repair Service Businesses,
Occupations or Professions.
-64.
-65.
~66.
-67.
-68.
-69.
-70.
-71.
-72.
Repealed.
Financial, real estate and professional services.
Repair, personaJ, business and other services.
Repealed.
Retail merchants,
Wholesale merchants.
Both retail and wholesale merchant.
Renting by owner of houses, apartments or commercial establishments,
Repealed.
Division 6, Coin-Operated Vending Machines,
§ § 11-73, 11-74. Repealed.
§ 11-75. Vending machine or coin-operated device operators, etc.
§ 11-76.
§ § 11-77, 11-78.
§ 11-79.
Chapter 11, BPOL Tax
(Page 4)
Division 7. Trailer Camps or Parks.
Definitions.
Repealed.
Maintenance of registration book,
ARTICLE I. IN GENERAL.
Sec. 11-1 Purpose of chapter.
The purpose of this chapter is to require all persons engaging in a business, trade, profession,
occupation or calling in the county whose gross receipts are greater than five thousand dollars ($5,000.00)
to obtain a license therefor, to impose a license tax on all such persons whose gross receipts from the
business, trade, profession, occupation or calling are equal to or greater than one hundred thousand dollars
(~ 100,000,00), to provide for the collection thereof, and to impose penalties for failure to comply with the
provisions hereof. The license tax shall be for the support of the county government, the payment of the
county debt, and for other county purposes,
(3-15-73, § 1; 4-21-76; 11-13-96)
Sec. 11-1.1. Overriding conflicting ordinances.
Except as may be otherwise provided by the laws of the Commonwealth of Virgima, and notwithstand-
ing any other current ordinances or resolutions enacted bv this board, whether or not compiled in this Code,
to the extent of any conflict, the following provisions shall be applicable to the requirement for licensure and
the levy, assessment, and collection of taxes imposed on businesses, trades, professions, occupations and
callings and upon the persons, firms and corporations engaged therein within the County. (Added 11-13-96)
Sec. 11-2. Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively
ascribed to them by this section unless otherwise required,by the context:
Affiliated ;Iroup. The term "affiliated group" means:
(a) One or more chains of includible corporations connected through stock ownership with a common
parent corporation which is an includible corporation if:
(i) Stock possessing at least eighty percent of the voting power of ali classes of stock and at least
eighty percent of each class of the nonvoting stock of each of the includible corporations, except the common
parent corporation, is owned directly by one or more of the other includible corporations, and
(ii) The common parent corporation directly owns stock possessing at least eighty percent of the
voting power of all classes of stock and at least eighty percent of each class of the nonvoting stock of at least
one of the other includible corporations. As used in this subdivision, the term "stock" does not include
nonvoting stock which is limited and ;)referred as to dividends. The term "includible corporation" means any
corporation within the afffiiated group irrespective of the state or country of its incorporation; and the term
"receipts" includes gross receipts and gross raceme.
{b) Two or more corporations if five {5) or fewer persons who are individuals, estates or trusts own
stock possessing:
(i) At least eighty percent of the total combined voting power of all classes' of stock entitled to vote
or at least eighw percent of the total value of shares of all classes of the stock of each corporation, and
· ;,~-. ~ .*:~;
Chapter 1 1', BPOL Tax :'
(ii) Morethan fifty percent of the total combined voting power of all classes of stock entitled to vote
or more than fifty percent of the total value of shares of all classes of stock of: each corporation, taking into
account the stock ownership of each such person only to the extent such stock ownership is identical with
respect to each such corporation;
When one or more of the includible corporations, including the common parent corporation, ~s a
nonstock corporation, the term "stock" as used in this subdivision shall refer to the nonstock corporation
membership or membership voting rights, as is appropriate to the context.
Assessment. A determination as to the proper rate of tax, the measure to which the tax rate is applied,
and ultimately the amount of tax, including additional or omitted tax, that is due, An assessment shall include
a written assessment made pursuant to notice by the director of finance or a self-assessment made by a
taxpayer upon the filing of a return or otherwise not pursuant to notice. Assessments shall be deemed made
by the director of finance when a written notice of assessment is delivered to the taxpayer by the director of
finance or an employee of the director of finance, or mailed to the taxpayer at his last known address. Self-
assessments shall be deemed made when a return is filed, or if no 'eturn is required, when the tax is paid.
A return filed or tax paid before the last day prescribed by this chapter for the filing or payment thereof shali
be deemed to be filed or paid on the last day specified for the filing of a return or the payment of tax. as the
case may be,
Base year. The calendar year, or fiscal year if used for federal income tax purposes, preceding the
license Cear; except where sections 1 I-9 or 1 1-§8 apply.
Business. A course of dealing in any business, trade, profession, occupation or calling which requires
the time, attention and lai~or of the person so engaged for the purpose of earning a livelihood or profit. It
implies a continuous and regular course of dealing, rather than an irregular or isolated transaction. A person
may be engaged in more than one business. The following acts shall create a rebuttable presumption that a
person is engaged in a business: (i) advertising or otherwise holding oneself out to the public as being engaged
in a particular business; or (ii) filing tax returns, schedules and documents that are required only of persons
engaged in a business, trade, profession, occupation or calling.
Contractor. Each person, firm or corporation accepting or offering to accept an order or contract to
do any of the following, whether such work is done or offered to be done by day labor, general contract or
subcontract:
Work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood,
structural iron or steel, sheet iron. galvanized iron, metallic piping, tin, lead or other metal or any
building material.
Paving, curbing or other work on sidewalks, streets, alleys or highways on public or private property
using asphalt, brick, stone, cement, concrete, wood or any composition;
Excavation of earth, rock or other material for foundations or other purposes;
Cutting, trimming or maintenance of rights-of-way;
Construction of a sewer of stone, brick, terra cotta or other material;
Work on or in any building or premises involving the erecting, installing, altering, repafring, servicing,
or maintaining of electric wiring, devices or appliances permanently connected to such wiring, or the
erecting, repairing or maintaining of lines for the distribution of electric light and power;
Subdivision of property, or installation of water systems, sanitary sewer systems, storm drainage
systems or road improvements with the intent to offer for sale either residential, industrial or
commercial lots,
Chapter 1 1, BPOL Tax
(Page 6)
Installation, repair or maintenance of pipes, fittings and fixtures involved in the distribution of water
or waste material.
Installation or repair of steam p~pes or other equipment for heating, ventilation or refrigeration systems.
Building, remodeling, repairing, wrecking, razing, demolishing or moving of any structure.
Drilling, boring or digging of a well.
Erection of a building for the purpose of selling or renting it and making no contract with a duly
licensed contractor for the erection of such building, whether or not such person contracts with one
or more duly licensed contractors for one or more portions, but does not contract with an,/one person
for all of the work of erecting any one of such buildings.
Definite place of business. An office or a location at which occurs a regular and continuous course
of dealing for thirty consecutive days or more. A definite place of business for a person engaged in business
may include a location leased or otherwise obtained from another person on a temporary or seasonal basis as
well as real property leased to another. A person's residence shall be deemed to be a definite place of
business if there '~s no definite place of business maintained elsewhere and the person is not licensable as a
peddler or itinerant merchant.
Gross receipts. The whole, entire, total receipts attributable to the licensed privilege, without
deduction, except as may be limited by the provisions of Chapter 37 of Title 58.1 of the Code of Virginia, and
subject to the exceptions and deductions set forth in sections 11-18 and 11-58.
Locality. A city, county or town of the state other than this county.
Person. individuals, firms, co-partnerships, corporations, compames, associations or joint stock
associations, and shall include any trustee, receiver or assigned personal representative thereof carrying on
or continuing a business, profession, trade or occupation, but shall not include a trustee, receiver or other
representative duly appointed by a court to liquidate assets for immediate distribution, or a sergeant or sheriff,
or any deputy, selling under authority of process or writ of a court oi justice.
Purchases. All goods, wares and merchandise received or offered for sale at each definite place of
business of every wholesaler or wholesale merchant, and shall not be construed to exclude any goods, wares
or merchandise otherwise coming within the meaning of such word, including such goods, wares and merchan-
dise manufactured by a wholesaler or wholesale merchant and sold or offered for sale as mercr~andise.
Retailer or Retail merchant. Any person or merchant who sells goods, wares and merchandise for use
or consumption by the purchaser or for any purpose other than resale by the purchaser, but does not include
sales at wholesale to institutional, commercial and industrial users.
Services. Things purchased by a customer which do not have physical characteristics, or which are
not goods, wares, or merchandise.
Wholesaler or Wholesale merchant. Any person or merchant who sells wares and merchandise for
resale by the purchaser, including sales when the goods, wares and merchandise will be incorporated into
goods and services for sale, and also includes sales to institutional, commercial and industrial users which,
because of the quantity, price, or other terms, ~ndicate that they are consistent with sales at wholesale.
(3-15-73, § 1;6-13-73; 4-21-76; 11-13-96)
Sec. 11-3. Levy and collection of tax.
For each and every year beginning with January first of each year and ending December thirty-first
following, until otherwise changed, there are hereby levied and there shall be collected the annual license taxes
Chapter 1'1, BPOL Tax
hereinafter set forth in this chapter, except as otherwise specifically provided in this chapter, on persons
engaged in any business, in the county hereinafter set forth in this chapter.
(3-15-73, § 3; 11-13-96)
Sec. 11-4. Persons subject to tax.
(a) The license taxes hereinafter ~mposed are in all cases imposed upon the privilege of engaging in
any business in the county, including all phases of the business conducted in the county.
(b) The license taxes hereinafter imposed shall be imposed on any person whose gross receipts in a
license year from a business subject to licensure are equal to or greater than one hundred thousand dollars
($100,000.00) in the county.
(3-15-73, § 2; 4~21-76; 11-13-96)
Sec. 11-4.1. Persons subject to licensure.
(a) Persons required to apply for license. Each person engaging in a business in this county whose
gross receipts are greater than five thousand dollars {$5,000.00.00) shall apply for and obtain a license for
each such business if (i) in the case of professional services, such person (A) maintains a definite office in this
county, or (B) if such person does not maintain a definite office in the Commonwealth of Virginia but does
maintain an abode in this county, which abode for the purposes of this chapter shall be deemed a definite place
of business, or (ii) in the case of any other business, such person has a definite place of business or maintains
an office in this county; or (iii) such person is engaged as a peddler or itinerant merchant, carnival or c~rcus,
contractor, or a public service corporation as provided in this chapter,
(b) Payment of all properly assessed taxes. A license under this chapter shall not be issued to a
person until such person produces satisfactory evidence to the director of finance that all delinquent business
license, personal property, meals, transient occupancy, severance and admissions taxes owed by the person
to the county have been paid which have been ;~roperly assessed againat the person by the county,
(c) Any person who engages in a business without obtaining the license required by this chapter, or
after being refused such license, shall not be relieved of the tax imposed by this chapter, if applicable, [Added
11-13-96)
Sec, 11-4.2. License fee.
Each person required to obtain a license as provided in section 11-4.1 shall pay a fee of fifty dollars
($50.00). The fee shall be paid not later than June 15 of the license year. (Added 11-13-96)
Sec. 11-4,3. Situs of gross receipts.
(a) General rule. Whenever the tax imposed by this chapter is measured by gross receipts, the gross
receipts included in the taxable measure shall be only those gross receipts attributed to the exercise of a
licensable privilege at a definite place of business within the county, n the case of activities conducted
outside of a definite place of business, such as during a visit to a customer location, the gross receipts shall
be attributed to she definite place of business from which such activities are initiated, directed, or controlled.
The situs of gross receipts for different classifications of business shall be attributed to one or more definite
places of business or offices as follows:
(1) The gross receipts of a contractor shall be attributed to the definite place of business at which his
serwces are performed, or if his services are not performed at any definite place of business, then the definite
place of business from which his services are directed or controlled, unless the contractor is subject to the
provisions of section 11-58.
Chapter 11, BPOL Tax
(Page 8)
(2) The gross receipts of a retailer or wholesaler shall be attributed to the definite place of business
at which sales solicitation activities occur, or if sales solicitation activities do not occur at any definite place
of business, then the definite place of business from which sales solicitation activities are directed or
controlled,
(3) The gross receipts ora business renting tangible personal property shall be attributed to the definite
place of business from which the tangible personal property is rented or, if the property is not rented from any
definite place of business, then the definite oiace of business at Which the rental of such property is managed.
(4) The gross receipts from the performance of personal services shall be attributed to the definite
place of business at which the services are performed or, if not performed at any definite place of business,
then the definite place of business from which the services are directed or controlled.
(b) Apportionment. If the person has more than one definite place of business and it is impractical
or impossible to determine to which definite place of business gross receipts should be attributed under the
general rule, and the county and the other affected jurisdiction are unable to reach an apportionment
agreement as provided herein; the gross receipts of the bdsinsss shail be apportioned between the two or more
definite places of business as provided in section 58.1-3709 of the Code of Virginia. Gross receipts shall not
be apportioned to a definite place of business unless some activities under the applicable general rule occurred
at, or were controlled from, such definite place of business. Gross receipts attributable to a definite place of
business in another jurisdiction shall not be attributed to the county in the event the other jurisdiction does not
~mpose a tax on the gross receipts attributable tothe definite place of business in such other jurisdiction.
(c) Agreements. The director of finance may enter into agreements with any other political subdivision
of Virginia concerning the manner in which gross receipts shall be apportioned among definite places of
business. However, the sum of the gross receipts apportioned by the agreement shall not exceed the total
gross receipts attributable to all of the definite places of business affected by the agreement. Upon being
notified by a person that the method of attributing gross receipts is fundamentally inconsistent with the
method of one or more political subdivisions in which the taxpayer is'licensed to engage in business and that
the difference has, or is likely to, result in taxes on more than one hundred percent of its gross receipts from
all locations in the affected jurisdictions, the director of finance shall make a good faith effort to reach an
apportionment agreement with the other political subdivision(s)involved, (Added 11-13-96)
Sec. 11-5. Licenses deemed a personal privilege.
Every license issued under the provisions of this chapter shall be deemed to confer a personal privilege
to engage in any business which may be the subject ofthe license and shall not be exercised except by the
persons licensed.
{3-15-73, § 20; 11-13-96)
Sec. 11-6. Applications--Generally.
(a) Application due date. For beginning businesses, each person required to obtain a license pursuant
to this chapter shall apply for a license prior to beginning business, if he was not licensable in this county on
or before January 1 of the license year. For all businesses for which a license was issued in the preceding
license year, each person required to obtain a license pursuant to this chapter shall apply for a license no later
than March 1 of the license year. The application shall be on forms prescribed by the director of finance.
(b) Application procedure. The application shall be made in writing to the director of finance at his
office in the county office building. The director of finance shall furnish license application forms, which forms
shall be properly and fully executed by the applicant, and shall contain such information as required by section
1 1-7 and such other information as may be required by the director of finance. In cases where the license tax
is based upon the gross receipts or gross expenditures of the business to be licensed, the director of finance
Chapter 1 l, BPOL Tax
shall require a sworn statement from the applicant of the amount of such gross receipts or gross expenditures,
except in the case of a beginner business as provided in section 11-9.
(3-15-73, § 4; 11-13-96)
Sec. 11-7, Same--Information required.
Each person required to obtain a license pursuant to this chapter shall furnish the director of finance,
in writing, with the person's correct name and trade name, if any, correct physical address and mailing address
if different, the nature of the business to be pursued~ and the place where it is to be pursued.
(3-15-73, § 5; 11-13-96)
Sec. 11-8. Separate license required for each place of business.
A separate license shall be required for each definite place of business. A person engaged in two or
more businesses carried on at the same place of business may elect to obtain one license for all such
businesses, if all of the following criteria are satisfied: {i) each business is licensable at the location and has
satisfied all requirements imposed by state law and the ordinances of the county; (ii) all of the businesses are
subject to the same tax rate or, if subject to different tax rates, the person agrees to be taxed on all businesses
at the highest rate; and (iii) the person agrees to supply such information as the director of finance may require
concerning the nature of the several businesses and their gross receipts.
(3-15-73, § 6; 4-21-76; 11-13-96)
Sec. 11-9. Licenses for persons beginning business.
(a) Each person beginning a business which is subject to a license tax pursuant to this chapter that
is based in whole or in part on gross receipts or gross expenditures shall estimate the amount of the gross
receipts he will receive or the gross expenditures he will incur between the date of beginning business and the
end of the then current license year, and his license tax for the then current year shall be computed on such
estimate, All persons licensed under this section may be required to amend their estimate at any time as
determined appropriate by the director of finance. Failure to comply with this section shall be just cause for
~mmediate revocation of the license,
(b) Whenever a license tax is so computed upon the estimated gross receipts or gross expenditures,
any erroneous estimate shall be subject to correction and the director of finance shall assess such person with
any additional license tax found to be due after the end of that license year, and shall at the same time correct
the estimate for the then current license year, until a full year of operation shall have been completed~ and in
case of an overestimate the person shall be entitled to a credit upon his license tax payable the following year.
(c) Each person beginning a business which is subject to a license tax pursuant to this chapter which
rs based on a flat rate shall pay a prorated portion of such tax as provided in section 11-17.
(3-15-73, § 9; 11-13-96)
Sec. 11-10. Transfer.
(a) Licenses issued under the provisions of Article II of this chapter based on gross receipts of gross
expenditures, except as otherwise provided, may be transferred from one location to another and from one
person to another; provided, that no such transfer shall be valid unless and until notice in writing is given to
the director of finance of the proposed transfer; which notice shall contain the name, trade name, if any, and
the address of the proposed transferee, the proposed new location, if an,/, and the time of the proposed
transfer; and approval of the transfer is given by the director of finance, who may approve such transfer upon
being satisfied of the good faith thereof. Failure to notify the director of finance of the transfer of a license
within thirty (30) days of such transfer shall invalidate such license, and such invalidated license shall not be
subject to refund as otherwise provided by section 11-16,
Chapter 11, BPOL Tax
(Page 10)
(b) If the transferor's license tax for the current license year has been based on an estimate of gross
receipts or gross expenditures then the transferor shall reveal his gross receipts or gross expenditures for the
period he was in business during the current license year and if the accumulation of gross receipts by transfer
shall exceed the original estimate, the transferee shall be required to amend the license by an estimate of the
gross receipts or gross expenditures he will incur between the day of beginning business and the end of the
current license year.
(c) Licenses issued under the provisions of Article II of this chapter based on a flat rate shall not be
transferred from one person to another but may be transferre0 from one location to another within the county.
(3-15-73, § 12; 4-21-76; 11~13-96)
Sec, 11-11. Retention of receipt.
Each person required to obtain a license under the provisions of this chapter shall keep the receipt
issued in evidence thereof as prescribed by the director of finance in a convenient place, and whenever
required to do so shall exhibit the same to any authorized enforcement officer of the county,
(3-15-73, § 5; 4-21-76; 11-13-96)
Sec. 11-12. Taxes~-When payable; interest and penalties for late payment or nonpayment; overpayment.
(a) License tax based on flat rate, If the license tax is based on a flat rate, it shall be paid with the
license application.
(b) License tax based on gross receipts. If the license tax is based on gross receipts or purchases of
the business, the tax shall be paid on or before June 15 of the license year; except that each motor vehicle
dealer who separately states the amount of the license tax applicable to each sale of a motor vehicle and adds
such tax to the sales price of the motor vehicle shall pay such tax on or before the twentieth day of the month
following the close of each calendar quarter.
(c) The director of finance may grant an extension of time not to exceed ninety (90) days within which
to file an application for a license, for good cause.
(d) A penalty of ten (10) percent of the tax shall be imposed upon the failure to pay the license tax
by the appropriate due date, In the case of the assessment of taxes found to be due or of additional taxes as
provided in section 11-15 by the director of finance, if the application and, if applicable, the return were made
in good faith and the understatement of the tax was not due to any fraud, reckless or intentional disregard of
the law by the person, there shall be no late payment penalty assessed with the additional tax. If any
assessment of tax by the director of finance is not paid within t~irty (30) days the director of finance may
impose a ten (10) percent late payment penalty. ~The penalties shall not be imposed, or if imposed, shall be
abated by the director of finance if the failure to file or pay was not the fault of the person. In order to
demonstrate tack of fault, the person must show that he acted responsibly and that the failure was due to
events beyond his control. "Acted responsibly" means that: (i) the person exercised the level of reasonable
care that a prudent person would exercise under the circumstances in determining the filing obligations for the
business and (ii) the person undertook significant steps to avoid or mitigate the failure, such as re~luesting
appropriate extensions where applicable, attempting to prevent a foreseeable impediment, acting to remove
an impediment once it occurred, and promptly rectifying a failure once the impediment was removed or the
failure discovered. "Events beyond the person's control" include, but are not limited to, the unavailability of
records due tc fire or other casualty; the unavoidable'absence (e.g., due to death or serious illness) of the
person with the sole responsibility for tax compliance; or the person's reasonable reliance in good faith upon
erroneous written information from the director of finance, who was aware of the relevant facts relating to
the person's business when he provided the erroneous information.
(e) interest at the rate of ten (10) percent per year shall be charged on the late payment of the license
tax from the first day of the month following the due date until the date paid without regard to fault or other
reason for the late payment. Whenever an assessment of additional or omitted tax by the director of finance
is found to be erroneous, all interest and penalty charged and collected on the amount of the assessment found
to be erroneous shall be refunded together with interest on the refund from the date of payment or the due
date, whichever is later.
(fl No interest shall accrue on an adjustment of estimated tax liability to actual liability at the
conclusion of a base year. No interest shall be paid on a refund or charged on a late payment, in event of such
adjustment, provided the refund or the late payment is made not more than thirty (30) days from (il the date
of the payment that created the refun(~, or {ii) the due date Of the tax, or (iii) the date of the person's
application for a refund, whichever is later.
(gl An overpayment of license taxes shall be credited to the amount of license tax due the following
license year or shall be refunded if the person does not engage in a business subject to the license tax in the
county the following year.
(h) Interest shall be paid on the refund of any tax paid under this chapter from the date of payment
or due date, whichever is later, whether attributable to a~ amended return or other reason; except that a
person shall not be entitled to interest on the refund of taxes if the refund is granted because the person
ceased to engage in the licensed business during the license year. Interest on any refund shall be paid at the
rate of ten (10) percent per year.
(3-1 5-73, § 7; 4-21-76; 3-10-82; 4-13-88; 4-20-88; Ord. of 3-20-91. Ord. No. 94-1119), 8-3-94; 11-13-96)
Sec. 11-13. Same--persons liable to keep records, report of gross receipts,
(al Each person subject to a license tax shall keep sufficient records to enable the director of finance
to verify the correctness of the tax paid for the license years assessable or to enable the director of finance
to ascertain what was the correct amount of tax that was assessable for each of those years. All such
records, books of accounts and other information shall be open to inspection and examination by the director
of finance in order to allow him to establish whether a particular receipt is directly attributable to the taxable
privilege exercised within this county. The director of finance shall provide the person with the option to
conduct the audit in the person's local business office, if the records are maintained there. In the event the
records are maintained outside the county, copies of the appropnate books and records shall be sent to the
director of finance upon demand. All such records, books of accounts and other information shall be
maintained for a period of five (5) years,
{b) Each person whose license is measured by gross receipts or gross expenditures shall submit to the
director of finance, not later than March 1 of each year, a report of his gross receipts or gross expenditures
for the preceding year.
(c) Each person engaged in two or more businesses which are subject to more than one rate or
computed on more than one base shall maintain separate accounts for each such business.
(dl If any person shall fail to maintain the records required in thissection, regularly supported by
customary vouchers, the director of finance shall estimate the taxpayer's gross receipts or gross expenditures
on the basis of the best evidence he can obtain, and the director of finance shall make an assessment on the
basis of such determination.
(e} Each motor vehicle dealer who separately states the amount of the license tax applicable to each
sale of a motor vehicle and adds such tax to the sales price of the motor vehicle shall report to the director
of finance on or before the twentieth day of the month following the close of each calendar quarter his gross
receipts, trade-in allowances and taxes collected from the sale of such motor vehicles.
(3-15-73; § 8; 3-10-82; 5-11-83; 4-20-88; Ord. of 3-20~91; 11-13-96l
Chapter 11, BPOL Tax
{Page 12)
Sec. 11-14. Same--Payment by corporations, partnerships, etc.
If the licensed business is conducted by a corporation, partnership or run by an individual and the
license tax ~s imposed upon the gross receipts or gross expenditures thereof, the license tax shall be imposed
upon the gross receipts of the corporation, partnership or any individual and paid by it, and when paid by an
individual employing persons who would otherwise be liable to a license tax, it shall be deemed to discharge
the license tax liability of the officers and employees of such corporation and partners and employees of such
partnership and of such persons employed by an employer who would otherwise be liable to such license tax,
insofar as the business of such licensed corporation, partnership or employer is concerned
(3-15-73, § 10; 11-13-96)
Sec. 11-15. Same--Assessment.
(a) Taxes found to be due. If the director of finance ascertains that any person has not been assessed
with a license tax levied under the terms of this chapter for any license year of the three (3) license years last
past, and the absence of such assessment was not due to the fraudulent intent to evade taxes on the part of
such person, it shall be the duty of the director of finance to assess such person with the proper license tax
for the year or years omitted, adding thereto the penalty and interest set forth in section 1 t-12.
(b) Additional taxes. If the director of finance ascertains that any person who has been assessed with
a license tax levied under the provisions of this chapter for any license year of the three (3] license years last
past, or for the then current license year, but upon a correct audit and the computation of the license tax the
assessment thereof should be in an increased amount, and the assessment of the license tax at the lesser
amount was not due to fraudulent intent or to evade taxes, then the director of finance shall assess the person
with the additional license tax found to be due, without penalW, and shall furnish written notice thereof to the
person. If the assessment of the additional license tax is not paid to the director of finance within thirty (30)
days after written notice to the person of such additional assessment, the director of finance shall impose a
penalty as provided in section 11-12(d),
(c) Fraudulent intent to evade taxes. If the director of finance determines that a ~3erson has
fraudulently, or with intent to evade the payment of proper license taxes, failed or refused to obtain a proper
license as required by the provisions of this chapter, for any one or more of the six (6) license years last past,
or for the then current license year, and the liability therefor is ascertained, such omitted or additional license
tax and the normal penalty herein before prescribed shall be assessed for each and ever~ year of the six
license years last past and for the current license year, for which he was assessable, together with an
additional penalty thereon of fifty (50) percent of such unpaid license tax; and failure to obtain such license
as is required by the provisions of this chapter shall be taken as prima facie evidence of intent to evade such
taxes.
(3-15-73, §§ 16, 18, 19; 4-21-76; 11-13-96)
Sec. 11-16, Same--Certification of erroneous assessments; refunds.
(a) The director of finance, after diligent investigation and upon being satisfied that he has erroneously
assessed a person shall, if the license tax has not been paid, exonerate,the person from payment of so much
thereof as is erroneous, and if such license tax has been paid, shall refund the person the amount erroneously
paid together with any penalties and interest paid thereon, as provided herein.
(b) A license tax imposed on a person which is based on gross receipts or gross expenditures shall be
subject to refund where the person goes out of business before the end of the curren; license year subject to
all of the following qualifications:
(1) Licenses for the current license year shall be based on gross receipts or gross expenditures
obtained througl~out the preceding calendar or fiscal year.
Chapter 11, BPOL Tax
(Page~3 3) ~,
(2] The reason for going out of business is not connected in any manner with the violation of any state
law or local ordinance or of violation of any rules and regulations made pursuant thereto,
(3) The amount of refund for a license tax based on gross receipts shall be prorated on a monthly
basis, so as to ensure that the licensed privilege is taxed only for that fraction of the year during which it is
exercised within the county. The county may elect to remit any refunds for the overpayment of a license tax
based on gross receipts in the ensuing license year subject to section 11-12(g). In no event shall the county
be required to refund any part of a license fee or flat tax.
(4) If any person seeking refund is indebted to the county or any department or office thereof, or is
indebted to any state constitutional office of the county for a local levy, the refund, or so much thereof as is
necessary, shall first be applied to such indebtedness.
{5) Refunds based on the licensee going out of business shall be made in the same manner as harem
provided for erroneous assessments.
(3-15-73, § 17; 4-21-76; 4-13-88, 11-13-96)
Sec, 11o16.1. Same--Limitations, extensions, appeals and rulings.
The enforcement of the provisions of this chapter, including limitations with respect thereto, the
correction of any assessment hereunder and any appeal by the county of a correction made by the director
of finance or by any person assessed with taxes hereunder and aggrieved by such assessment shall be
pursuant to Chapter 39, Title 58.1 of the Code of Virginia; provided, however:
(a) Each person assessed with a license tax pursuant to this chapter as the result of an audit may,
within the period provided in section 58,1-3980 of the Code of Virginia, apply to the director of finance for
a correction of the assessment. The application must befiled in good faith and sufficiently identify the person.
audit period, remedy sought, each alleged error in the assessment, the grounds upon which the person relies,
and any other facts relevant to the person's contention. The director of finance may hold a conference with
the person if requested by the person, or require submission of additional information and documents, further
audit, or other evidence deemed necessary for a proper and equitable determination of the applications. The
assessment shall be deemed prima facie correct, The director of finance shall undertake a fuji review of the
person's claims and issue a determination to the person setting forth the county's position. Every assessment
pursuant to an audit shall be accompanied by a written explanation of the person's right to seek correction and
the specific procedure to be followed in the county (e.g., the name and address to which an application should
be directed).
(b) Provided an application is made within ninety (90) days of an assessment, collection activity shall
be suspended until thirty (30) days after the final determination is issued by the director of finance, unless the
director of finance determines that collection would be jeopardized by delay or that the person has not
responded tea request for relevant information after a reasonable time. Interest shall accrue in accordance
with the provisions of subsection (el of section 11-12, but no further penalty shall be imposed while collection
action is suspended. The term "jeopardized by delay" includes a finding that the application is frivolous, or
that a person desires (i) to depart ¢luicklv from the county, (ii) to remove his property therefrom, (iii) to conceal
himself or his property therein, or (iv] to do any other act tending to prejudice, or to render wholly or partially
ineffectual, proceedings to collect the tax for the period in question.
(c) A person may request a wdtten ruling regarding the application of the tax to a specific situation
from the director of finance, Any person requesting such a ruling must provide all the relevant facts for the
situation and may present a rationale for the basis of an interpretation of the law most favorable to the person.
Any misrepresentation or change in the applicable law or the factual situation as presented in the ruling request
shall invalidate any such ruling issued, A written ruling may be revoked or amended prospectively if (i) there
is a change in the law, (ii) a court decision, or (iii) the director of finance notifies the person of a change in the
policy or interpretation upon which the ruling was based. However, any person who acts on a written ruling
Chapter 11, BPOL Tax
{Page 14)
which later becomes invalid shall be deemed to have acted in good faith during the period in which such ruling
was in effect. (Added 11-13-96)
Sec. 11-17. Same--Proration.
For beginning businesses all license taxes imposed under Article II of this chapter.based on a flat rate,
except as otherwise therein specifically provided, shall be prorated as follows: For licenses issued between
April 1 and June 30 of the license year the amount of the tax shall be three-fourths of the annual tax on such
licenses, for licenses issued between July 1 and September 30 of the license vear, the amount of the tax shall
be one-half of the annual tax on such licenses, and for licenses issued between October 1 and December 31
of the license year, the amount of the tax shall be one-fourth of the annual tax on such licenses.
(3-15-73, § 11; 11-13-96)
Sec. 11-18. Same--Exclusions and deductions of gross receipts.
(a) General Rule. Gross receipts for license tax purposes shall not include any amount not derived from
the exercise of the licensed privilege to engage in a business in the ordinary course of such business.
(b) The following shall be excluded from gross receipts:
(1) Amounts received and paid to the United States, the Commonwealth or any county, city or town
for the Virginia retail sales or use tax, or for any local sales tax or any local excise tax on cigarettes, or for any
federal or state excise taxes on motor fuels.
(2) Any amount representing the liquidation of a debt or conversion of another asset to the extent that
the amount is attributable to a transaction previously taxed (e.g., the factoring of accounts receivable created
by sales which have been included Jn taxable receipts even though the creation of such debt and factoring are
a regular part of its business).
(3) Any amount representing returns or trade-in allowances granted by the business to its customer.
(4) Receipts which are the proceeds of a loan transaction in which the licensee is the obligor.
(5) Receipts representing the return of principal of a loan transaction in which the licensee is the
creditor, or the return of i~rinc~pal or basis upon the sale of a capital asset.
(6) Rebates and discounts taken or received on account of purchases by the licensee. A rebate or
other incentive offered to induce the recipient to purchase certain goods or services from a person other than
the offeror, and which the recipient assigns to the licensee in consideration of the sale of goods and services
shall not be considered a rebate or discount tothe licensee, but shall be included in the licensee's gross
receipts together with any handling or other fees related to the incentive,
(7) Withdrawals from ~nventory for which no consideration is received and the occasional sale or
exchange of assets other than inventory, whether or not a gain or loss ~s recognized for federal income tax
purposes.
(8) Investment income not directly related to the privilege exercised by a licensable business not
classified as rendering financial services. This exclusion shall apply to interest on bank accounts of the
business and to interest, dividends and other income derived from the investment of its own funds in securities
and other types of investments unrelated to the licensed privilege, This exclusion shall not apply to interest,
[ate fees and similar income attributable to an installment sale or other transaction that occurred in the regular
course of business.
(9) Amounts received by real estate agents which are paid to such agents by real estate brokers as
a commission on any real estate transaction shall be excluded from real estate agents' gross receipts.
ChapteJ: 1 t, ~POL ~Tax: ~
(c] The following shall be deducted from gross receipts or gross expenditures:
(1) The gross receipts or gross expenditures attributable to any definite places of business of the
person in any other locality.
[2) If otherwise taxable, any amount paid for computer hardware and software that are sold to a
United States federal or state government entity provided that such property was purchased within two [2)
years of the sale to said entity by the original purchaser who shall have been contractually obligated at the time
of purchase to resell such property to a state or federal government entity. This deduction shall not occur until
the time of resale and shall apply to only the original cost of the property and not to its resale price, and the
deduction shall not apply to any of the tangible personal property which was the subject of the original resale
contract if it is not resold to a state or federal government entity in accordance with the original contract
obligation,
(3) If otherwise taxable, any receipts attributable to business conducted in another state or foreign
country if the person is liable for an income or other tax based upon income in such other state or foreign
country.
(d) With the exception of license requirements under section 11-49, all social organizations,
fraternities, benevolent order, religious, education, civic and military organizations, charter clubs, rescue squads
or volunteer fire companies which conduct business or perform services in which compensation in any manner
is received shall be exempt from taxation under this chapter so long as the compensation or receipts in excess
of the actual expenses are devoted to and used for charitable purposes, All such organizations seeking
exemption under this section shall apply, and provide proof if necessary, to the director of finance or his
appointed deputy for an exemption certificate.
(3-15-83, § 65; 6-13-73; 5-15-7§; 4-21~76. 3-10-82; 11-13-96)
Sec. 11-19. Revocation.
A license granted under this chapter may be revoked by the director of finance upon the failure of any
person to comply with the terms of this chapter and there shall be no refund.
(3~15-73, § 66; 11-13-96)
Sec. 11-20. Compliance with Zoning Ordinance and Fire Prevention Code.
Each license issued shall be subject to verification to ascertain compliance with the Zoning Ordinance
and the Fire Prevention Code of the county, Failure to comply shall be just cause for immediate revocation
of the license by the director of finance.
(3-15-73, § 13; 11-13-96)
Sec. 11-21. Exhibition of contractor's, etc., license prerequisite to obtaining permit, county contract or
subcontract.
Every contractor, electrical contractor, plumber and steamfitter, building wrecker, developer or
speculative builder who proposes to do work in the county for which a permit must be obtained or pursuant
to a contract let by a department, bureau or office of the county shall, upon making application for such permit
or upon the award of such contract, exhibit to the proper county official the county license authorizing him
to engage in the business for the year in which the permit is applied for, or in which such contract is awarded,
and shall furnish to that official a list of his subcontractors and the amounts of such subcontracts, If any of
such subcontracts have not been closed or awarded at the time of applying for such permit or award of such
contract, he shall furnish such list in writing immediately upon awarding the subcontract or contracts.
(Code 1967, § 11-13; 4~21-76; 3-10-82; Ord. of 8-11-93)
Chapter 11, BPOL Tax
{Page 16)
Sec. 11-22. Enforcement of chapter.
(a) in the enforcement of the provisions of this chapter the director of finance of the county, in
addition to the powers herein specifically granted, shall have all and the same enforcement authority with
respect to county licenses that state law confers upon directors of finance generally with respect to state
licenses. As one of the means of ascertaining the amount of any license tax due under the provisions of this
chapter, or of ascertaining any other pertinent information, the director of finance may propound interrogatories
to each applicant and may use such other evidence as he may procure. Such interrogatories shall be answered
under oath, and it shall be unlawful for any applicant for a counw license to refuse to answer any such
interrogatories.
(b) The director of finance of the count,/ and his duly qualified assistants shall have such duties,
authority and power with respect to the enforcement of the provisions of this chapter as may be conferred by
the board of supervisors.
(c) The director of finance or his duly qualified assistants shall have the power to summon any person
by registered letter or otherwise to appear before him at his office at a time to be specified in such summons
and to answer, under oath, questions touching such taxpayer's license tax liability. Failure to answer such
summons without good cause for failing or refusing to answer, under oath, questions touching their tax liability
shall be a misdemeanor and punishable as provided b`/section 11-23.
(d) The director of finance or his duly qualified assistants, after the hereinabove set out powers of
enforcement have been exhausted, shall have the added power to proceed by warrant to enforce compliance
with the provisions of this chapter,
(3-15-73, § 22; 4-21-76; 11-13-96)
Sec. 11-22.1. Payment of administrative costs and collection fees.
Delinquent taxpayers shall pay a fee, as required by this section, to cover the administrative costs
associated with the collection of delinquent taxes. This fee shall be in addition to all penalties and interest,
and shall be in the amount of twenty dollars ($20.00) for taxes collected subsequent to filing a warrant or
other appropriate legal document but prior to judgment, and in the amount of twenty-five dollars ($25.00) for
taxes collected subsequent to judgment.
In addition, delinquent taxpayers shall pay reasonable attorney's or collection agenc`/'s fees associated
with the collection of delinquent taxes; provided, however, the amount paid by the delinquent taxpayer shall
not exceed twenty (?-0) percent of the delinquent tax bill. Attorney's fees shall be added only if such
delinquent tax is collected by action at law or suit in equity.
No tax assessment or tax bill shall be deemed delinquent and subject to the prowsions of this section
during the pendency of any administrative appeal under section 58.1-3980 of the Code of Virginia, provided
the appeal is filed within ninety (90) days of the date of the assessment, nor for thirty (30) days after the date
of the final determination of the appeals.
(Ord. No. 94-11 [2), 11-2-94)
Sec. 11-23. Violations; penalties.
It shall be unlawful and shall constitute a misdemeanor for an,/ person to conduct a business or to
engage in a profession, trade or occupation before procunng a license as required under the provisions of this
chapter, It shall also De unlawful and shall constitute a misdemeanor for any person to violate any of the
provisions of this chapter. Any person who is convicted for failing to procure a license as required, or is
convicted of a violation of any of the provisions of this chapter shall, except where some other penalty is
specifically provided, be punished by a fine not to exceed one thousand dollars (~1,000.00) or by
imprisonment in the county jail for a period of not more than thirty (30) days, or both such fine and
Chapter .1,1, BPOL Tax
(Page ~
imprisonment. Each day any person shall continue to violate the provisions of this chapter after the due date
of any license tax prescribed in this chapter shall constitute a separate offense.
Notwithstanding the provisions of the preceding paragraph of this section, the penalties for willful
failure or refusal to file a required return for license tax purposes, or for making any false statement with intent
to defraud in any such return, shall not exceed those prescribed by state law for a Class 3 misdemeanor if the
amount of tax lawfully assessed in connection with the return is one thousand dollars ~$1,000.00) or less, or
for a Class I misdemeanor if the amount of tax lawfully assessed in connection with the return is more than
one thousand dollars ($1,000.00).
(3-15-73, § 26; 4-21-76; 4-13-88; 11-13-96)
ARTICLE II. SCHEDULE OF TAXES
DIVISION 1. GENERALLY
Sec. 11-24. Repealed by ordinance adopted 11-13-96
Sacs. 11-25, 11-26. Repealed by ordinance adopted 3-10-82.
Sec. 11-27. Alcoholic beverages.
The following alcoholic beverage license taxes shall be charged:
(al For each distiller's license, one thousand dollars ($1,000.00) per annum; no such local license shall
be required for any person who shall manufacture not more than five thousand (5,000) gallons of alcohol or
spirits or both during such license year.
(b) For each winery license, one thousand dollars ($1,000.00) per annum.
(c) For each brewery license, one thousand dollars I$1,000.00) per annum.
{d) For each bottler's license, five hundred dollars ($500.00) per annum.
{el For each wholesale beer license, seventy-five dollars 1575.00) per annum.
(fi For each wholesale wine distributor's license, fifty dollars ($50.00) per annum.
(gl For each retail on-premises wine and beer license for a hotel, restaurant or club, and for each retail
off-premises wine and beer license in the county, thirty-seven dollars and fifty cents {$37.50) per annum.
(h) For each retail on-premises beer license for a hotel, restaurant or club, and for each retail off-
premises beer license, twenty-five dollars {825.00) per annum.
(il For each fruit distiller's license, five hundred dollars (8500.00) Der annum.
(j) In addition to the foregoing for each license issued to a hotel, restaurant or club for the sale of
mixed alcoholic beverages, as defined in Title 4.1 of the Code of Virginia, and acts amendator¥ thereto, the
tax shall be two hundred dollars (8200.00) per annum for areas seating fifty (50) to one hundred (100)
persons; three hundred fifty dollars (8350.00) per annum for areas seating one hundred (100) to one hundred
fifty persons (150); five hundred dollars (8500.00) per annum for areas seating more than one hundred fifty
persons (150+) and three hundred fifty dollars (8350.00) per annum for nonprofit clubs,
{El Whenever the word "beer" is used in this section it shall be construed to include por~er, ale, stout
and other malt beverages, but not vinous beverages.
Chapter 11, BPOL Tax
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(I) No license shall be issued to any person under the provisions of this section unless the applicant
therefor holds at the same time, or simultaneously procures, a state license from the alcoholic beverage control
board.
(m) All dining rooms, restaurants, lunchrooms and club rooms, wherein the beverages defined in this
section are sold for consumption on the premises, shall at all times be open to inspection by the state police
and the police authorities of the county. Any store, room or other building from which deliveries are made
either at wholesale or retail by bottlers, wholesalers or retailers shall at all times be open to the inspection of
state police and the police authorities of the county.
(n) An,/person paying a license tax under the provisions of this section and sections 11-68, 11-69
or 11-70 may deduct the amount paid under the provisions of this section from the amount of the tax owed
under section 11-6~, 11-69 or 11-70, but in no event shall the amount of tax due be less than the amount
of tax imposed by this section.
(o) Any violation of the terms of this chapter shall be sufficient grounds for the revocation of the
license issued in accordance with this section.
(3-15-73, § 25; 4-21-76; 11-13-96)
Secs. 11-28 to 11-30. Repealed by ordinance adopted 3-10-82.
Sec. 11-31 Bondsmen.
(a) For every license for ~3ersons furnishing bail bonds for cash, or by any other method, and making
a charge therefor, there shall be paid a license tax of one hundred fifty dollars ($150.00) per annum, which
shall not be prorated or transferred. No such professional bondsmen or his agent shall enter into any such
bond or bonds in the county until he shall have obtained such license. With the exception of any bondsman
or his agent who has heretofore obtained a certificate and license under this section and whose certificate,
license and right to act as a bondsman continues to remain in full force and effect, no such license shall be
issued unless and until the applicant shall have first obtained a certificate from the judge of the circuit court
of the county approving the issuance of the license and certifying that the applicant is of good moral character,
that his past conduct before the courts of the county has not been unsatisfactory and is suitable to be so
licensed; and provided, further, that before the issuance of such certificate the judge of the circuit court may
confer with the judge or judges of those courts in which such bondsman seeks to act, A license granted to
a professional bondsman in the county shall authorize such person to enter into such bonds in the county.
(b) No professional bondsman shall enter into any such bond if the aggregate of the penalty of such
bond and all other bonds, on which he has not been released from liability, is in excess of the true market value
of his real estate. Each professional bondsman, if so directed by the judge of the circuit court of the county
shall place a deed of trust on the real estate that he is using for the limit of his expected bonded indebtedness
to secure the Commonwealth of Virginia and shall name the Commonwealth's attorney of the county as trustee
under the deed of trust. In addition thereto, he shall furnish the clerk of the circuit court an acceptable
appraisal and title certificate of the real estate subject to any such deed of trust. Each professional bondsman
licensed hereunder shall file with the clerk of the circuit court of the county not later than the fifth day of each
month a list of all outstanding bonds on which he was obligated as of the last day of the preceding month,
together with the amount of the penalty of each such bond.
(c) Any professional bondsman or agent for any professional bondsman, qualified under this section,
shall be subject to and governed by any reasonable rules of conduct or procedure set up by the judge or justice
of the court in which he is acting as a bondsman which may include a requirement that such bondsman or
agent place a reasonable amount of cash or negotiable bonds in escrow with the clerk of such court to be held
during the time such bondsman or agent is acting as a bondsman in such court; provided, that such clerk is
acting under a bond of sufficient amount and coverage to insure protection against loss, theft, or
misappropriation. Upon his violation of such rules, he may, after hearing upon a charge of such violation, be
suspended from entering into further bonds in such court by the judge or justice thereof. If such bondsman
Chapter 11, BPOE Tax
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or agent fails to have in escrow with the clerk of such court a sum sufficient to cover any forfeiture of bond
against him and fails or refuses to pay such forfeiture after notice and demand by the judge or justice of the
court he may be suspended by such judge or justice from entering into further bonds in said court until the
forfeiture rs paid or it is adjudicated that he is not liable thereon.
(d) No I~ereon shall be licensed hereunder either as a professional bondsman or agent for any
professional bondsman, when such person, or his or her spouse, holds any office as magistrate, clerk or deputy
clerk of any court.
(e) Nothing in this section shall be construed to apply to guaranty, indem~ [ty, fidelity and security
companies doing business in the county under the provisions of Chapter 24 of Title 38.2 of the Code of
Virginia, except that agents and attorneys-in-fact of guaranty, indemnity, fidelity and security companies
entering into bonds for bail, appearances, costs or appeal in criminal cases, shall be required to obtain a
certificate from the judge of the circuit court of the county, certifying that the applicant is of good moral
character, that his past conduct before the courts of the county has not been unsatisfactory and he is suitable
to be a licensed bondsman. The provisions of this section shall apply td agents and attorneys-in-fact of
guaranty, indemnity, fidelity and security companies entering into bonds for bail, appearances, costs or appeal,
except that such company shall not be required to place cash or bonds in escrow with the court as hereinbe-
fore recluired.
Sec, 11-32. Building or savings and loan associations.
Each building or savings and loan association having its main office in the county shall pay for the
privilege of doing business an annual license tax of fifty dollars [$50.00).
(3-15-73, § 46; 3-10-82; 11-13-96)
Sacs. 11-33 to 11-37. Repealed by ordinance adopted 3-10-82.
Sec. 11-38. Loan agencies.
Each small loan company shall pay an annual license tax of two hundred dollars ($200.00), which tax
shall noz be prorated.
(3-15-73, § 37; 4-13-88; 11-13-96)
Sec, 11-39. Repealed by ordinance adopted 4-21-76.
Sec. 11-40. Pawnbrokers.
Each person doing business as a pawnbroker, as defined by section 54.1-4000 of the Code of Virginia,
as amended, shall pay for the privilege an annual license tax of two hundred fifty dollars ($250.00). The
director of finance shall not issue licenses under this section for the operation of more then ten (10)
pawnbroking establishments. This tax shall not be prorated. The director of finance shall notify the county
sheriff of each such license issued.
(3-15-73, § 38; 4-13-88; 11-13-96)
Secs. 11-41 to 11-46. Repealed by ordinance adopted 3-10-82.
Sec. 11-46.1. Public service corporations.
On each telephone, telegraph, water, heat, light and power company, the license tax shall be one-half
of one percent on the gross receipts of such company accruing i=rom sales to the ultimate consumer in the
county subject to allowable deductions provided by state law.
(3-10-82; 11-13-96)
Sec. 11-47. Repealed by ordinance adopted 3-10-82.
Sec, 11-48. Generally.
Chapter 11, BPOL Tax
(Page 20)
DIVISIOI~ 2. AMUSEMENTS
Every person conducting or engaging in any of the following amusement occupations, businesses or
trades shall 13ay for the ~rivilege an annual license tax of twenty cents {$0.20) for each one hundred dollars
($100.00) of gross receipts, as hereinabove defined, from the business during the preceding fiscal year or
calendar year:
Amusement park,
Arcade or building devoted to general amusement or enterzaining.
Auditorium.
Billiards or pool.
Bowling alley.
Cable television.
Dance halls, except restaurants licensed to serve food and beverages having a dance floor with an area
not exceeding ten (10) percent of the total floor area of the establishment and for which no admission is
charged.
Dog or water raceway.
Drive-in theaters.
Furnishing closed circuit television entertainment.
Furnishing closed circuit musical entertainment.
Gardens.
Golf driving range,
Miniature golf.
Movie theaters.
Parks, athletic fields.
Riding academy.
Rifle ranges or shooting galleries, except those operated by private or nonprofit gun clubs.
Skating rink.
Swimming pools open to the public.
Theaters.
Theatrical performances, etc.
{3-15-73, § 59; 3-10-82)
Chapter 11, BPOL Tax
(Page 21~i
Sec. 11-49. Carnivals and circuses.
(a) No carnival or mrcus which is located within this county shall be permitted to open for business
or engage in business until the owners or operators of such carnival or circus have registered with the office
of the director of finance of the county, obtained a carnival license and paid the specified license tax. The
carnival or circus license tax shall be five hundred dollars ($500,00) per day of operation, except as otherwise
provided in this section. Such ~icense tax shall be paid in full at the time of registration for all days of operation
of such carnival or circus.
(bi No carnival or circus which is produced, operated or owned primarily by ama[ours who are
residents of this county or of the City of Charlottesville, and the gross income of which inures exclusively to
the benefit of a school, church or fire department, or of any locally sponsored nonprofit organization operated
for charitable and benevolent purposes shall be subject to any license tax, but such carnival or circus shall be
required to apply for and receive a license pursuant to this section
(c)A circus or carnival which is sponsored by a local nonprofit organization operated for charitable
and benevolent purposes shall be subject to a license tax of twenty-five dollars ($25.00) per clay of operation.
(d) For the purposes of this section, the definition of a carnival shall include any type of show or
exhibition mentioned and described in section 58.1-3728 of the Code of Virginia, as amended.
tel Licenses issued under this section shall include the operation of ferris wheels, merry-go-rounds and
other amusement rides.
(10-17-68; 2-18-71; 4-21-76; 11~14-79; 3-10-82; 11-13-96)
Sec. 11-50. Repealed by ordinance adopted 3-10-82.
Sec. 11-51. Fortunetellere, clairvoyants and practitioners of palmistry or phrenology.
Any person who, for compensation, shall ~retend to tell fortunes or assume to act as a clairvoyant or
to practice palmistry or phrenology, shall pay an annual county license tax of five hundred dollars ($500.00).
Any person who, for compensation, shall engage in any of the practices described in this section without first
having paid the license tax required by this section shall, upon conviction, be fined not less than fifty dollars
($50.00) nor more than five hundred dollars ($500.00). Each day that the license tax remains unpaid shall
constitute a separate violation of this section. (Code 1967, § 11-6; 11-13-96i
Sacs. 11-62, 1 t-53. Repealed by ordinance adopted 3-10-82.
DIVISION 3. CONTRACTORS, DEVELOPERS, ELECTRICIANS,
PLUMBERS, STEAMFITTERS AND SPECULATIVE BUILDERS
Sec. 11-54. Repealed by ordinance adopted 11-13-96.
Sec. 11-55. Amount of tax.
(a) Each contractor speculative builder or developer shall pay for the privilege of conducting business
within the county an annual license tax of sixteen cents 150.16] for each one hundred dollars ($100.00) of
gross receipts from the business conducted during the preceding fiscal or calendar year.
(bi Each person engaged in the business of a contractor shall include in his gross receipts all work
done, whether such work is done by contract, subcontract, day labor or time and material.
(3-10-82; 11-13-96)
Sec. 11-56. Repealed. (Repealed by ordinance adopted 3-10-82)
Chapter 11, BPOLTax
{Page 22)
Sec. 11-57, Repealed. (Repealed by ordinance adopted 4-13-88}
Sec. 11-58.
Exemption generally when city, town or county license purchased elsewhere; exception and
deduction.
Each contractor who has paid a local license tax to any city, town or county in which his principal
office or branch office may be located shall be exempt from obtaining a license and from paying a license tax
to this county for conducting any such business within this county unless the amount of business done by any
such person in this county is equal to or greater than one hundred thousand dollars ($100,000.00), The
amount of business done in such other county, city or town in which a license tax is paid may be deducted
by the person from the gross receipts reported to this county. The director of finance shall have the power
to require such periodic reports as he may deem necessary of all persons claiming exemption under this
section.
(Code 1967, § 11-14; 3-10-82; 11-13-96)
Sec. 11-59. Repealed by ordinance adopted 11-13-96.
DIVISION 4, PEDDLERS, SOLICITORS AND ITINERANT MERCHANTS
Sec. 11-60. Peddlers; itinerant merchants.
{a) For the purpose of license taxation, any person who shall carry from place to place any goods,
wares or merchandise and offer to sell or barter the same, or actually sells or barters the same, shall be
deemed to be a peddler.
(b) For the purpose of license taxation pursuant to this section, the term "itinerant merchant" means
any person who engages in, does or transacts any temporar~ or transient business in the county and who, for
the purpose of carrying on such business, occupies any location for a period of less than one ,/ear,
(c) The license tax on peddlers and itinerant merchants, except as provided for in subsections {d) and
(e), shall be five hundred dollars ($500.00) per year.
(d) The license tax on peddlers and itinerant merchants who sell or offer for sale in person or by their
employees meats, milk, butter, eggs, poultry, game, vegetable, fruits or other edible family supplies of a
perishable and edible nature shall be fift~ dollars (~50,00) per year.
(e) This section shall not apply to a peddler at wholesale or to those who sell or offer for sale in person
or by their employees ice, wood, charcoal, meats, milk, butter, eggs, poultry, game, vegetables, fruits or other
family supplies of a perishable nature or farm products grown or produced by them and not purchased by them
for sale.
(3-15-73, § 33; 4-13-88; Ord. of 3-20-91; 11-13-96)
Sec. 11-60.1. Show and sale.
A "show and sale" shall be defined as an offering of goods at a specific location by exhibitors who do
not have established places of business in the county and who would otherwise be classified as itinerant
merchants.
(a}
Any county resident, county business or nonprofit community organization may act as a
sponsor for a show and sale after purchasing the required license.
(b) License fees under this section are set as follows:
For an unspecified number of shows and sales within a seven-day period: fifty dollars
(~50.00).
Chapter 11, BPOL Tax
[Page 23)'
For an unspecified number of shows and sales within a thirty-day period: one hundred fifty
dollars I$150.00).
For an unspecified number of shows and sales within a three-hundred-sixty-five-day period:
six hundred dollars ($600,00).
A license issued under this section shall be in lieu of an itinerant merchant's license which would be
otherwise required of any seller who participated in such show and sale under the sponsorship of such person
or organization.
(9-10-80)
Sec. 11-61. Repealed. (Repealed by ordinance adopted 3-10-82)
Sec. 11-62, Peddlers--at wholesale.
(a) For the purposes of the license tax, any person who sells or offers to sell goods, wares or
merchandise to licensed dealers, other than at a definite place of business operated by the seller, and at the
same time of such sale or exposure for sale delivers, or offers to deliver, the goods, wares or merc~handise to
the buyer shall be deemed a peddler at wholesale. For the purposes of this section any delivery made on the
day of sale shall be construed as a delivery at the time of sale.
(b) The license tax imposed by the county on a peddler at wholesale shall be at the rate of five cents
($0.05} per one hundred dollars ($100.00) of purchases.
(3-15-73, § 39; 4-13-88; Ord. of 3-20-91; 11-13-96)
Sec. 11-63. Peddlers, itinerant merchants and peddlers at wholesale.
Any license tax imposed on peddlers or itinerant merchants or on peddlers at wholesale shall not apply
to:
(1)
A licensed wholesale dealer who sells and at the time of such sale, delivers merchandise to
retail merchants;
(2) A distributor or vendor of motor fuels and petroleum products;
{3)
A distributor or vendor of seafood who catches seafood and sells only the seafood caught by
him;
(4)
A farmer or producer of agricultural products who sells only the farm or agricultural products
produced or grown by him;
(5) A farmers' cooperative association; or
{6) A manufacturer who ia subject to a state tax on intangible personal property, who peddles at
wholesale only the goods, wares or merchandise manufactured by him at a plant, whose
intangible personal property is taxed by the state.
(3-15-73, § 40; 4-13-88; Ord. of 3-20-91)
DIVISION 5. PERSONAL, PROFESSIONAL, BUSINESS OR
REPAIR SERVICE BUSINESSES, OCCUPATIONS OR PROFESSIONS
Sec. 11-64. Repealed by ordinance adopted 11-13-96.
Sec. 11-65. Financial, real estate and professional services.
Chapter 11, BPOL Tax
{Page 24)
(a) Generally. Each person engaged in a financial, real estate or professional service shall pay for the
privilege an annual license tax of fifty-eight cents ($0.58) per one hundred dollars ($100.00) of gross receipts.
(b) Enumerated. A person engaged in a financial service, real estate service, personal service or
professional service includes, but is not limited to, the following:
Financial services, The service for compensation by a credit agency, an investment company, a broker
or dealer in securities and commodities or a securiW or commodity exchange, unless such service is otherwise
provided for in this chapter, "Broker" shall mean an agent of a buyer or a seller who buys or sells stocks,
bonds, commodities, or services, usually on a commission basis. "Commodity" shall mean staples such as
wool and cotton which are traded on a commodity exchange and on which there is trading in futures. "Dealer"
for purposes of this chapter shall mean any person engaged in the business of buying and selling securities for
his own account, but does not include a bank, or any person insofar as he buys or sells securities for his own
account, either individually or in some fiduciary capaciw, but not as part of a regular business. "Security" for
purposes of this chapter shall have the same meaning as in the Securities Act (sections 13.1-501 .e_~ se~.) of
the Code of Virginia, or in similar laws of the United States regulating ~he sale of securities.
Those engaged in rendering financial services ~nclude, but without limitation, the following:
Buying installment receivables
Chattel mortgage financing
Consumer financing
Credit card services
Credit unions
Factors
Financing accounts receivable
Industrial loan companies
Installment financing
Inventory financing
Loan or mortgage brokers
Loan or mortgage compames
Safety deposit box companies
Security and commodity brokers and services stockbroker
Working capital financing
Real estate services, Rendering a service for compensation as lessor, buyer, seller, agent or broker and
providing a real estate service, unless the service is otherwise specifically provided for in this ordinance, and
such services include, but are not limited to, the following:
Appraisers of real estate
Chapter 11, RPOL Tax
{Page
Escrow agents, real estate
Fiduciaries, real estate
Lessors of real property
Real estate agents, brokers and managers
Real estate selling agents
Rental agents for real estate
Professional services. Rendering any servtce specifically enumerated below or engaging in any
occupation or vocation in which a professed knowledge of some department of science or learning, gained by
a prolonged course of specialized instruction and study is used by its practical application to the affairs of
others, either advising, guiding, or teaching them, and in serving their interests or welfare in the practice of
an art or science founded on it, The words "profession" and "professional" imply attainments in professional
knowledge as distinguished from mere skill, and the application of knowledge to uses for others as a vocation,
and including, but without limitation, such attainments attributed m the following:
Architects
Attorneys-at-law
Certified public accountants
Dentists
Engineers
Land surveyors
Practitioners of the healing arts (the art or science or group of arts or sciences dealing with the
prevention, diagnosis, treatmem and cure or alleviation of human physical or mental ailments,
conditions, diseases, pain or infirmities)
Surgeons
Veterinarians
{c) Amounts received by real estate broker. Amounts received by a real estate broker which arise from
real estate sales transactions and which are paid to a real estate agent as a commission on any real estate
transaction shall not be excluded from the real estate broker's gross receipts. (11-13-96)
Sec, 11-66. Repair, personal, business and other services.
(al Generally. Each person engaged in a repair, personal or business service or any other business not
specifically listed or excepted in this chapter shall pay for the privilege an annual license tax of or thirty-six
cents ($0.36) per one hundred dollars ($100.00) of gross receipts.
(b) Repair service. The repairing, renovating, cleaning or servicing of some article or item of personal
property for compensation is a repair service, unless the service is specifically provided for under another
section of this chapter.
Chapter 11, BPOL Tax
(Page 26)
{c) Personal service. Rendering for compensation any repair, personal, business or other services not
specifically classified as "financial, real estate or professional service" under this chapter, or rendered in any
other business or occupation not specifically classified in this chapter unless exempted from local license tax
by Title 58.1 of the Code of Virginia.
(d) Business service. Any service rendered for compensation to any business, trade, occupation or
governmental agency is a business service, unless the service is specifically provided for under another section
of this chapter.
(e) Enumerated. A person rendering a repair, personal or business service or other service as provided
in subsection (a) above includes, but is not limited to, the following:
Addressing letters or envelopes.
Advertising agencies,
Airline passenger carrier.
Airplane repair.
Airports, private.
Ambulance services.
Animal hospitals, grooming services, kennels or stables,
Auctioneers and common criers.
Auto repair, engine repair of any type.
Automobile driving schools.
Barbershops, beauty padors and hairdressing establishments, schools
and services.
Bicycle repair,
Bid or building reporting service.
Bill poster or distributor.
Blacksmith or wheelwright.
Booking agents or concert managers.
Bookkeeper, public.
Bottle exchanges.
Brokers and commission merchants other than real estate or financial brokers,
Business and office machine repair.
Business research and consulting services.
Buyere, gold and silver.
Chapter 11, 8POL Tax
(Page 27)
Chartered clubs. Licensee hereunder may without additional license operate service of retail merchant
and restaurant. "Chartered club" shall mean any nonprofit corporation or association which is the owner,
lessee or occupant of an establishment operated solely for objects of a national, social, patriotic, political or
athletic nature or the like, but not for pecuniary gain, the advantages of which belong to all the members. It
also shall mean the establishment so operated.
Child care attendants or schools.
Cleaning chimneys, furnaces.
Clinical laboratories,
Clothes, hats, carpets or rugs, repair of.
Collection agen'~s or agencies.
Commercial photography, art or graphics.
Commercial sports.
Computer service operated for compensation.
Correspondence establishments or bureaus,
Dance studios and schools,
Data processing, computer and systems development services.
Day nursery (other than foster homes).
Detectives and watchmen. Each person shall be registered by name and service with the county chief
of police.
Developing or enlarging photographs.
Drafting services.
Engraving.
Eradication or extermination of rats, mice, termites, vermin or bugs.
Erecting, installing, removing or stonng awnings.
Freight traffic bureau or agency.
Fumigating or disinfecting.
Funeral services and crematories,
Furnishing clean diapers.
Furnishing house cleaning service.
Chapter 11, BPOL Tax
(Page 28)
Furnishing janitor service.
Furnishing labor service.
Furnishing statistical service.
Furniture, upholstering, repair of.
Gunsmith, gun repairing.
Hauling of sand, gravel or dirt.
Hauling or transfer, not in connection with taxicab business.
Holding companies, including holding company for mass media communications.
Hotels, motels, tourist courts, boarding and rooming houses, trailer parks and campsites.
information bureaus.
Instructors. tutors, schools and studios of music, ceramics, art, sewing, sports and the like.
Interior decorating,
Job printer, printing shop, bookbinding, duplicating processes,
Laundry, cleaning and garment services including laundries, drv cleaners linen supp[y, diaper service,
coin-operated laundries and carpet and upholstery cleaning.
Locksmith.
Machine shop, boiler shop.
Mailing, messenger and correspondent services.
Marinas and boat landings.
Mattresses, repair of.
Motor vehicle transportation of passengers.
Music teacher.
Newspaper delivery service.
Nickel plating, chromizing and electroplating.
Nurses and physicians registries.
Nursing and personal care facilities including nursing homes, convalescent homes, homes for the
retarded, old age homes and rest homes,
Operating a scalp treating establishment.
Packing, crating, shipping, hauling or moving goods or chattels for others.
Chapter 1 I, BPOL Tax
{Page 29)
Paint shop, other than contractor.
Parcel delivery services.
Parking lots, public garages and valet parking.
Personnel services, labor agents and employment bureaus.
Photographers and ~3hotographic servmes; the license tax on photographers with no regularly
established place of business in the state shall not exceed thirty dollars (~30.O0).
Piano tuning.
Picture framing and gilding.
Porter services,
Press clipping services,
Private hospitals.
Private schools {other than religious and nonprofit).
Promotional agents or agencies.
Protective agent or agency.
Public relations counselor,
Publicity serwce, furnisher of; booking agent, concert manager,
Radio engineer.
Radios, televisions, refrigerators, electrical appliances, home appliances, repair of.
Realty multiple listing servmes.
Recorder of proceedings m any court, commission or other organization.
Refr'~gerat~on engineer.
Renting airplanes.
Renting or leasing any items of tangible personal property.
Renting bicycles.
Renting or furnishing automatic washing machines,
Renting wall signs or billboards.
Reproduction services.
Reweaving.
Chapter 11, BPOL Tax
(Page 30)
Road machines, farm machine~, repair of.
Rug cleaning.
Sales agent or agency.
Saws, tools, repair of.
Scales, repair of,
Scientific research and development service.
Sculptor.
Secretarial service,
Septic tank cleaning.
Shades, repair of.
Shoe repair, shoe shine and hat repair shops.
Sightseeing carriers.
Sign painting,
Stenographer, public.
Storage, all types,
Supplying clean linen, coats, aprons, towels.
Tabulating service.
Tax consultant.
Taxicabs.
Taxidermist.
Telephone answering service.
Theatrical performers, bands and orchestras.
Tire repair.
Title abstract company,
Title insurance company.
Towing services,
Translator of foreign languages.
Transportation consultant.
Chapter 11, BPOL Tax
{Page 31 )
Transportation services including buses and taxis.
Travel bureaus or tour agents.
Tree surgeons, trimmers and removal services.
Turkish, Roman or other like baths or parlors.
U-drive-it firm or business.
Umbrellas, harnesses, leather goods, repair of.
Undertaker, embalmer.
Vehicle title service.
Vehicular advertising, electric advertising, bus advertisJng, commercial advertising.
Wake-up services.
Washing, waxing, auto; cleaning of automobiles.
Watches, clocks, repair of.
Welding shop.
Persons accepting or offering to accept or place orders, which such person will deliver at a later date,
for the sale of medicines, perfumes, salves, liniments, cosmetics, cookware, plastic wares, brushes, books,
magazines, vacuum cleaners or any other merchandise and not having a regular place of business in the county
but who sell or offer to sell from house to house, or at parties or meetings arranged for that purpose.
All other similar personal service, business service or repair service occupations, trades or businesses
not included herein and not otherwise taxed by this chapter.
3-15-73, §§ 39,1, 53; 4-21-76; 3-10-82; 11-14-84; 4-13-88; 11-13-96)
Sec. 11-67. Repealed by ordinance adopted 3-10-82.
Sec. 11-68, Retail merchants.
(a) Generally. Each person engaged as a retailer or retail merchant shall pay for the privilege an annual
license tax of twenty cents {$0.20) for each one hundred dollars I$100.00) of gross receipts.
(b) Enumerated. A person engaged as a retailer or retail merchant includes, but is not limil:ed to, the
following:
Aircraft or aircraft parts.
Alcoholic beverages.
Antiques.
Auto accessory, tire, battery.
Automobile graveyards.
Auto sales, motor vehicle dealers.
Bakeries, caterers.
Bicycles,
Boats, motors,
Books, stationery.
Building materials,
Candy, nut stores.
Cigar, tobacco stands, newsstands.
Confectionery.
Custom tailor.
Dairy products.
Delicatessen.
Department stores.
Drapery, curtain, upholstery.
Drugs.
Dry goods stores,
Eggs, poultry.
Family clothing.
Farm equipment.
Filling stations.
Firearms.
Fish, seafood market,
FloOr covering.
Florists.
Fruit stores, vegetable markets.
Fuel, ~ce.
Furniture.
Furriers.
Chapter 11, BPOL Tax
(Page 32)
Chapter 11, BPOL Tax
{Page 33~
Garden supplies.
General stores.
Gift, novelty, souvenir.-
Grocery.
Hardware.
Heating, plumbing, electrical equipment.
Hog, grain, feed, seed.
Hosiery.
Jewelry.
Junk or secondhand merchandise.
Lightning rods.
Luggage.
Lumber goods.
Meat markets.
Men's and boy's clothing.
Millinery.
Motorcycle.
Musical instrument.
Office, store, appliance supply.
Optical.
Alt other clothing.
Paint, glass, wallpaper,
Photographic, supply, equipment.
All radio, ~elevision er household appliances,
Restaurants, eating places, nightclubs,
Secondhand stores, o~her than iunk.
Scientific, medical supplies.
Shoes.
Chapter 11, BPOL Tax
(Page 34)
Soda fountain.
Sporting goods.
A travel bureau or tour agent,
Used cars,
Variety stores.
Workmen's clothing.
All other retail stores and retail merchants' occupations, businesses or trades not included herein and
not otherwise taxed by this chapter.
(3-15-73 § 55; 4-21-76; 3-10-82; 11-13-96)
Sec, 11-69, Wholesale merchants,
(a) Generally. Each person engaged as a wholesaler or wholesale merchant with the exception of a
manufacturer selling goods, wares and merchandise at wholesale at the place of manufacture, or a wholesaler
selling goods, wares and merchandise to other persons for resale unless such wholesaler has a definite place
of business in the county, shall pay for the privilege an annual license tax of five cents (80,05} for each one
hundred dollars ($100.00) of gross purchases,
lb) Enumerated, A person engaged as a wholesaler or wholesale merchant includes, but is not limited
to, the following:
Alcoholic beverages.
Automotive,
Chemicals.
Clothing, furnishings.
Coal, coke.
Commission merchants [who take title, others classed as brokers).
Drugs,
Dry goods.
Electrical, plumbing goods,
Firm products or supplies,
Furniture and house furnishings.
Groceries and foods.
Hardware.
Jewelry.
Chapter 11· BPOL Tax
(Page 35)
Livestock dealer.
Lumber, paint and construction materials.
Machinery, equipment and supplies.
Metals and metal work.
Other goods, wares, merchandise.
Paper and paper products.
Petroleum and petroleum products.
Soft drinks.
Sporting goods.
Tobacco and tobacco products (except leaf tobacco).
Waste materials.
All other wholesale merchants' businesses, occupations or trades not included herein and not otherwise
taxed by this chapter.
(3-15-73, J 56; 3-10 82; 11-13-96)
Sec. 11-70. Both retail and wholesale merchant.
Any person who is both retail merchant and wholesale merchant is hereby required to obtain both
classes of license; provided, that any retail merchant who desires to do a wholesale business also may elect
to do such wholesale business under his retailer's license by paying license taxes under the provisions of this
section as a retailer on both his retail and wholesale business.
(3-15-73, § 57)
Sec. 11-71. Renting by owner of houses, apartments or commercial establishments.
(a) Every person who, as principal, shall engage in the business of renting houses, apartments or
commercial property in the county shall pay for the privilege of doing business an annual license tax of twenty
cents ($0.20i on each one hundred dollars (~100,00) of gross receipts from the rental of all commercial
establishments, apartment units or dwelling units during the preceding fiscal or calendar year.
{bi The term "business of renting houses and apartments," as used in this section, shall be construed
to mean the rental of a building, or portion thereof, designed exclusively for residential occupancy, including
one-family, two-family and multiple-family dwellings, but not including hotels, boardinghouses and rooming
houses,
lc) The words "dwelling units" are defined to mean one or more rooms in a dwelling house or
apartment designed for occupancy by one family for living purposes and having cooking facilities.
(3-15-73, § 61; 5-15-75)
Sec. 11-72. Repealed by ordinance adopted 3-10-82.
DIVISION 6. COIN-OPERATED VENDING MACHINES
Sacs. 11-73, 11-74. Repealed by ordinance adopted 3-10-82-,
Chapter 11, BPOL Tax
(Page 36)
Sec. 11-75, Vending machine or coin-operated device operators, etc.
(a) Each person owning or placing in the county any machines of any description into which coins are
inserted for the purpose of dispensing of any article of merchandise or for the purpose of operating any device
other than a coin-operated washing, dry cleaning or drying machine, that operates on the coin-in-the-slot
0rinciple, used for gain, shall pay an annual license tax on the gross receipts derived from all such machines
located in the county computed at the rate applicable to retail merchants, as set forth in section 11-68.
This section shall not be construed to permit the keeping, maintaining, exhibiting or operating of an,/
slot machine or device in which the element of chance is employed, or which gives any prize or any article
other than the article of merchandise or service in pavment of which the coin was originally deposited.
Any person having or maintaining any such slot machine the licensing of which is prohibited by this
section shall be guilty of a misdemeanor and such machine shall be confiscated and destroyed.
{b) In addition to the license tax hereinabove imposed, every person selling, leasing, renting or
otherwise furnishing to others pinball machines or machines furnishing music, games or amusement, other than
devices or machines affording rides to children, shall be deemed a coin machine operator and shall pay an
annual license tax of one hundred dollars {$100.00).
lc) No part of this section shall be construed to apply to pay telephones or to slot machines used for
the purpose of vending individual sanitar~ drinking cups or United States postage stamps or to operators of
automatic baggage or parcel checking machines.
Id) Every person placing any machine required to be licensed hereunder in the county shall furnish the
director of finance, on January 1 of each year, the location and the make of each machine owned. Every
vending machine shall be plainly marked by the owner thereof with the name and address of such owner. Each
license issued shall refer to the manufacturer's numbers of the machines whose gross receipts are included
thereunder, If the machine has no such number a facsimile or copy of such license shall be conspicuously
posted on such machine,
{e) Regularly licensed retail merchants paying retail merchant's license tax on their sales at retail shall
not be required to pay any separate vending machine license on such coin-operated machines which are
located on the premises of their place of business. (3-15-73, § 60; 3-10-82; 11~13~96)
DIVISION 7. TRAILER CAMPS OR PARKS
Sec. 11-76. Definitions.
For the purposes of this division, the following words and phrases shall have the meanings respectively
ascribed to them by this section:
Trailer camp or park. Any site, lot, field or tract of land upon which is located one or more trailers, or
is held out for the location of any trailer, and shall include any building, structure, tent vehicle or enclosure
used or intended for use as a part of the equipment for such park.
Trailer Int. A unit of land used or intended to be used by one trailer, in a permanent or semipermanent
location; provided, that a "trailer lot" shall not mean unit of land used or intended to be used by one trailer on
a transient basis not to exceed a period of two weeks.
Sacs, 11-77, 11-78. Repealed by ordinance adopted 3-10-87_.
Chapter 11, BPOL Tax
(Page 37)
Sec. 11-79. Maintenance of registration book.
The owner or manager of a trailer camp or park shall keep a registration book and shall register all
trailers using, occupying or present in the camp or park, which book shall ~3e available for inspection at all
times.
(4-21~76)
2. This ordinance shall be effective on and after January 1, 1997.
I, Ella W, Carey, do hereby certify that the foregoing writing is a true, correct copy of an ordinance
unanimously adopted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meeting
held on November 13, 1996.
Clerk, Board of County Supervisors
/
DAVID R. GEHR
COMMISSIONER
G
COMMONWEALTH o[ VIRGINIA
DEPARTMENT OF TRANSPORTATION ~,i0¥ 701 VDOT WAY
CHARLO~I'ESVILLE. 22911
November 5, 1996
A. G. TUCKER
RESIDENT ENGINEER
Route 614
Albemarle Colmty
Ms. Ella Carey, Clerk
Board of Supervisors
Charlottesville, VA 22902
Dear Ms. Carey:
Attached please find a letter concerning the public hearing for proposed improvements to
two bridges on Route 614 (Sugar Hollow Road). Please provide this information to each Board
member prior to the December 4, 1996 hearing.
Yoars Truly,
Gerald G. Utz
Contract A~lministrator
TRANSPORTATION FOR THE 21ST CENTURY
DAVID R. GEHR
COMMISSIONER
COMMONWEALTH ti VIRGINIA
DEPARTMENT OF TRANSPORTATION
701 VDOT WAY
CHARLOTTESVILLE. 22911
November 5, 1996
A, G. TUCKER
RESIDENT ENGINEER
Albemarle County Board of Supervisors
401 Mclnt/re Road
Charlottesville, VA 22902
Route 614
Albemarle County
Dear Board Members:
The ¥irgima Department of Transportation will hold a location and design public hearing on the
proposed replacement of two bridges located on Route 614 (Sugar Hollow Rd.). The heanng will be held
on December 4, 1996, between the hours of 4:30 p.m. and 6:30 p.m. at the Whitehall Rufim Club located
near the intersection of Route 810 and Route 614 at Whitehall. VDOT will have representatives present to
answer quest/OhS you may have concerning the proposed project.
The purpose of the hearing is to provide an opportunity for all interested parties to offer comments
and suggestions to be considered/n the final design. We will have a court reporter available to take oral
statements and forms to be submitted with written comments.
Yon~ Truly,
Gerald G. Utz
Contract Administrator
cc Mr. R. H. Counock, Jr.
Mr. Christopher Reed
TRANSPORTATION FOR THE 21ST CENTURY
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Preliminary 1995 Assessment Sales Ratio Study
SUBJEC~PROPOSAUREQUEST:
Report by the Virginia Department of Taxation
STAFF CONTACTtS):
Messrs. Tucker, Breeden, Walters. Woodzell
AGENDA DATE:
November 13, 1996
ACTION:
CONSENTAGENDA:
ACTION:
ATTACHMENTS:
REVIEWED BY:
ITEM NUMBER:
INFORMATION:
INFORMATION:
X
BACKGROUND:
The pretiminary 1995 Virginia Assessment Sales Ratio Study has been released by the Virginia Department of Taxation.
The study esfimatesthe existing assessment sales ratio in each locality by comparing assessed values to the selling pdces of
bona fide sales of real property. This ratio, when divided into the fair market value of real estate, provides an estimate of the
total true (full) value of real estate, in addition to this function, the study determines the average effective true tax rates
throughout the state. The effective true tax rate expresses the tax rate per $100 of true value and is an accurate means of
comparing the real estate tax on similar properties in different taxing jurisdictions, The effective tax rate is used in many
calculations throughout the state. Some local examples are: land use assessment, public service assessment, the revenue
sharing payment to the City of Charlottesville, and the composite index for distribution of state education funds,
In prior yearn, the Virginia Department of Taxation based the median ratio on a sample of sales for the year under study. The
1995 study is based on all bona fide sales for the year ur~der study. The County of Albemarle is one of few localities in the state
reporting all bona fide sales.
DISCUSSION:
The 1995 study generated an overatl 9'7.2% median ratio and a 8.7% coefficient of dispersion. The year 1995 is a reassessment
year. The median ratio is traditionalty higher in a reasssssment year than the year following the reassessment. The 1995
median ratio is the highest ever achieved by the County of Albemarle since the study was started in 1975. The median ratio is
the =omparissn of assessed values to the selling pdce of bona fide sales of real property. The coefficient of dispersion evaluates
the level of uniformity of the assessments.
RECOMMENDATION:
The above is presented to the Board of Supervisors foryour information only. It does not require any action.
96.210
~1 zzzz~qq q~ qq oo oo qz oR ~
November 1, 1996
VIRGINIA CASE NO. PUE9S0060
INVESTIGATION OF SPENT NUCLEAR FULE DISPOSAL
VIRGINIA CASE NO. PUE960226
APPLICATION OF VIRGINIA ELECTRIC AND POWER COMPANY
TO REVISE ITS FUEL FACTOR PURSUANT TO VIRGINIA CODE § $6-249.6
To: Local Government Officials
Pursuant to ordering paragraph no, 2 of the State Corporation Commission's Order of October
30, 1996, Virginia Power is providing you a copy of that Order. Please take notice of its contents.
A complete copy of Virginia Power's Application in Case No. PUE960226 may be obtained
from Virginia Power at no cost by written request to Pamela Johnson, Virginia Power, P. O. Box
26666, R/chmond, Virginia 23261
Karen L. Bell
Counsel
Enclosure
COMMONWEALTH OF V/RGINIA
STATE CORPORATION COMMISSION
DOCUMENI' COHTROL
AT RICHMOND', OCTOBER 30,
96 ~l 30 P~ 2:32
1996
COMMONWEALTH OF VIRGINIA
At the relation of the
961 0165
STATE CORPORATION COMMISSION
Ex Parte: In re. Investigation
of Spent Nuclear Fuel Disposal
APPLICATION OF
CASE NO. PUE950060
961 0 0166
VIRGINIA ELECTRIC AND POWER COMPANY
CASE NO. PUE960226
To revise its fuel factor pursuant
to Virginia Code [ 56-249.6
QRDER REQUIRING NOTICE
By Order dated October 7, 1996 ("Order"), the Commission
established a procedural ~chedule for this matter. As parn o~
that Order, the Commission consolidated its investigation of
spent nuclear fuel storage and disposal, Case No. PUE95D060,
insofar as it pertains to Virgznla Electric and Power Company
("Virginia Power" or "the Company"), with Virginia
Power's
pending fuel factor proceeding, Case No. PUE960226. In the
Order, Virginia Power was directed to file its fuel factor
application, projections, and all testimony relevant to such
issues by October 21, 1996, and to file its testimony, supporting
and brief relevant to the spen5 nuclear fuel storage
documents,
and disposal issues by November 4, 1996.
On October 21, 1996, Virginia Power filed its
and supporting documents requesting an increame in
factor rase from .01229¢ per kWh to
usage on and after December 1, 1996.
specific treatment regarding its
Rate Schedule.
THE COMMISSION, upon
opinion and finds that Virginia Power should provide notice of
frs application and of the procedural schedule for this matter.
Accordingly,
IT IS ORDERED TEAT:
{1) On or before November 8, 1996, Virginia Power shall
cause a copy of the following notice to be published as display
advertising (no5 classified) in newspapers of general circulation
throughouz its service zerritory; Ewice in newspapers with daily
distribution and once in newspapers with weekly distribution:
NOTICE TO THE PUBLIC OF THE
1996/97 FUEL FACTOR PROCEEDING FOR
VIRGINIA ELECTRIC AND POWER COMPANY
On October 21, 1996, Virginia Electric
and Power Company ("Virginia Power") filed an
application with the State Cbrporation
Commission ("Commission") for an increase in
its fuel factor from .01229¢ per kWh to~
application
its fuel
.01322¢ per kWh effective for
The Company also requesEs
Experimental Real Time Pricing
consideration of this matter, is of the
2
.01322¢ per kWh, effective for usage on and
after Decembe~ 1, 1996. The Company alsO
requests specific treatment regarding its
Experimental Real Time Pricing Rate Schedule.
The Commission has established a procedural
schedule for Virginia Power's fuel factor
application and consolidated with this matter
the Commission's investigation of spent
nuclear fuel storage and disposal, Case
No. PUE9500fO, insofar as it pertains to
Virginia Electric and Power Company.
Virginia Power will file its testimony,
supporting documents, andbrief relevant to
the spent nuclear fuel storage and disposal
issues by November 4, 1996.
Pursuant co Virginia Code ~ 56-2~9.6,
the Commission has scheduled a public hearing
uo commence at 10:00 a.m. on November 26,
1996, in the Commission's Second Floor
Courtroom, Tyler Building, 1300 East Main
Street, Richmond, Virginia, for the purpose
of receiving evidence related to the
establishment of Virginia Power's fuel
factor.
Ail testimony, e~_hibits, and other data
filed by Viruinla Power will be available for
public inspection at all Virginia Power local
offices, and au the Commission's Document
Control Center, First Floor, Tyler Building,
Richmond, Virginia. Any interested person
(public witness) desiring to make a statement
at the hearing should appear in the
Commission's Courtroom au 9:45 a.m. on the
hearing date and identify himself/herself to
the bailiff.
On or before November 12, 1996, any
persons desiring to participate as
Protestants, as defined in Rule 4:6 of the
Commission's Rules of Practice and Procedure
("SCC Rules"), to present evidence and cross-
examine witnesses shall file an original and
fifteen (15) copies of a Notice of Protest,
3
as described in SCC Rule 5:16(a) with the
Clerk of the Commission and serve a copy upon
Virginia Power. Service upon Virginia Power
shall be directed to Pamela Johnson, Esquire,
Virginia Electric and Power Company, P.O.
Box 26666, Richmond, Virg!nia 23261.
On or before November 12, 1996, each
Protestant shall file an orlginal and fifteen
(t5) copies of a protest (SCC Rule 5:t6(b))
and an original and fifteen (15) copies of
the prepared testimony and exhibits
Protestant intends to present at the public
hearing, and serve~two (2) copies of each
upon Virginia Power and each Protestant.
All written communications 5o the
Commission regarding this proceeding shall
identify Case No. PUE960226 and be directed
to William J. Bridge, Clerk, State
Corporation Commission, c/o Document Control
Center, P.O. Box 2118, Richmond, Virginia
23218.
VIRGINIA ELECTRIC AND POWER COMPANY
(2) On or before November 4, 1996, Virginia Power shall
serve a copy of this Order on the counny attorney and the
chairman of the board of supervisors of each county (or
equivalent officials in counties having alternate forms of
government) in which Company offers service, and on the mayor or
manager of every city and town (or on equivalen~ officials of
cities and ~owns having alternate forms of governmenu) in which
the Company offers service. Service shall be made by either
personal delivery or by first-class
of business or the residence of the person
(3) On or before the commencement of
mail to the customary place
served.
the hearing scheduled
herein, Virginia
as required in this Order.
AN ATTESTED COPY hereof shall be
Commission to: Pamela Johnson, Esquire,
Power Company, P.O. Box 26666, R~chmo~d,
Brasfield, Esquire, and Richard D. Gary,
Williams, Riverfront Plaza, East Tower,
Power shall provide proof of service and notice
sent by the Clerk of the
Virginia Electric and
Virginia 23261; Evans B.
Esquire, Hunton &
951 East Byrd Street,
Richmond, Virginia 23219-4074; Edward L. Petrini, Senior
Assistant Attorney General, Divis~ln of Consumer C~unsel,
900 East Main Street, SeCond Floor~ Richmond, Virginia 23219;
the Commission's Divisions of Energy Regulation and Public
Utility Accounting.
and
ALBEt' }RLE OOUNTY SERVICE AUTHORITY
P.O. BO)< 1009 168 SPOTNAP r~D OHAr~LOTT~SVLLF VA 229O2 · 504) 977-,451- :A?, (804) 0'79 0678
October 29, 1996
Board of Supervisors
Albemarle County Office Building
401 Mclntire Road
Charlottesville, VA 22902
Dear Ladies and Gentlemen:
Enclosed is a copy of the Albemarle County Service Authority's ComPrehensive Annual
Financial Report for the fiscal year ended June 30, 1996; This report is being distributed to our
trustees, financial advisors, underwriters and rating agencies, as well as central depository
institul/ons and other interested groups, in order to both satisfy reporting requirements and provide
current financial and statistical data on the Authority's operations.
I welcome any comments or suggestions, and hope that you find this report useful.
Sincerely yours,
Raoul James Kister
Finance Director
Enclosure
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COPY
CharloUa2 Y. H~mphfis
Forcest R. Marshall, ,Ir.
COUNTY OF A~ REMARI~
Office of Board of Supervisors
401 McIntire Road
Charlottesuille, Virg'mia 22902-4596
(804) 296-5843 FAX (804) 296.-5800
Charles S. Mar'an
Wa]te~ E Perkins
SaJ~ H. Thom~
MEMO TO:
FROM:
DATE=
SUBJECT=
Melvin A. Breeden, Director of Finance
Ella Wi Carey, Clerk, CMC~
November 14, 1996
Appropriation Approved on November 13, 1996
At the Board's meeting on November 13, the following appropriation
was approved:
Funding for Purchase of Maintframe Computer Upgrade
$466,621 - (Form ~95090).
len/
Attachments (1)
c: Fred Kruger
Pdnted on recycled paper
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation - CIP General
SUBJECT/PROPOSAL/REQUEST:
Request approval of appropriation #95090 in the
amount of $466,621 for funding for purchase of
mainframe computer upgrade.
STAFF CONTACT(S):
Messrs. Tucker, Huff, Breeden; Ms. White
AGENDA DATE:
November 13, 1996
ACTION:
ITEM NUMBER:
INFORMATION:
CONSENT AGENDA:
ACTION: X
INFORMATION:
BACKGROUND:
ATTACHMENTS:
REVIEWED BY:
An upgrade of the County's mainframe computer was approved in FY 95/96 to be funded with revenue from a capital
lease.
DISCUSSION:
The audit of FY 95/96 activities has revealed that while we did budget for the lease payments and recorded the debt
obligation, there was not an appropriation for the total expenditure of $466,621. The vendor was also the lessor
so there was never an actual check written for the full amount.
RECOMMENDATION:
In order to comply with State appropriation requirements, staff recommends approval of this appropriation as
detailed on attached form #95090.
95090.WPD
96.215
APPROPRIATION REQUEST
FISCAL YEAR 95/96 NUMBER 95090
TYPE OF APPROPRIATION
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND CIP-GENERAL
PURPOSE OF APPROPRIATION:
FUNDING FOR PURCHASE OF MAINFP,-AME COMPUTER UPGRADE.
EXPENDITURE
COST CENTER/CATEGORY DESCRIPTION AMOUNT
1901012200800706 CPU/SOPTWARE/M~INTENg_NCE S466,621.00
TOTAL $466,621.00
REVENUE DESCRIPTION AMOUNT
2901041000410605 CAPITAL LEASE PROCEEDS $466,621.00
TOTAL
$466,621.00
REQUESTING COST CENTER:
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISORS
FINANCE
S I GNATURE
DATE
//- 7-
October 24, 1996
Matthew & Suzarme Crane
Rt. 2, Box 428
Crozet, VA 22932
COUNTY OF ALBEMARLE
Dept. ot Planning & Community Deve}opmeni
401 Mclntire Road
Charlottesville, Virginia 22902-~96
(804) 296-$823
./
/
SP-96-35 Suzanne Crane//''
SP-96-36 Matthew Crane ~.///~. ~/~P
Dear Mr. & Mrs. Crane:
The Albemarle County Planning Commission, at its meeting on October 22, 1996, reconunended
approval of the above-noted petitions to the Board of Supervisors. Please note tlmt this approval
is suhlect to the following conditions:
SP-96-35 SUZANNE CRANE:
1. The entrance onto Route 743 and the applicable properties shall be maintained such that
sight distance is optimized, providing a minimum of 250' of sight distance.
2. Vehicles with trailers and/or vehicles with more than two axles shall not be used at the
subject location more than once per month in conjunction with the home occupation.
3. Studio/kiln opemngs shall be allowed only if adequate parking can be arranged off-site
and are not more than four tunes per year. The permittee shall provide to the Zoning
Administrator evidence of adequate off-site parking.
4. Submission of a Certified Engineer's Report indicating that the regulations of the State
Air Pollution Control Board will be met by the proposed kiln to be filed by the
applicant and approved by the County Engineer prior to the issuance of a zoning
compliance clearance.
5. Not more than two apprentices shall be allowed at one time.
SP-96-36 MATTHEW CRANE:
1. The entrance onto Route 743 and the applicable properties shall be maintained such that
sight distance is optimized, providing a minimum of 250' of sight distance.
2. Vehicles with trailers and/or vehicles with more than two axles shall not be used at the
subject location more than once per month in conjunction with the home occupation.
Page 2
October 24, 1996
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on NOVEMBER 13, 1996. Any new or additional
information regarding your application must be submitted to the Clerk of the Board of
Supervisors at least seven days prior to your scheduled hearing date.
If you should have any questions or comments regarding the above noted action, please do nor
hesitate to contact me.
Sincerely,
Ronald A.'LiIley//,/
Senior Planner
RAL/jcf
Ella Carey
Amelia McCutley
Jo Higgins
Mrs. Mar/on Goodloe
· STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
RON LILLEY
OCTOBER 22, 1996
NOVEMBER 13, 1996
SP 96-35. Suzanne Crane
~P 96-36. Matthew Crane
Applicant's Proposal: The applicants would like to operate two separate home occupations --
a pottery shop (Suzanne Crane) with no outside employees in an exist:rog accessory structure
(with an addition for a kiln) and a tool and equipmem storage budding for an off-site business
(Matthew Crane) with no outside employees in an existing accessory structure. These
apphcations are being combined in one report since they are located on the same property and
the potential impacts should be considered in combination.
Petition: To grant a Special Use Permit for a Home Occupation, Class B [Section 12.2.2.12]
in order to operate a pottery shop on a 1 acre parcel zoned VR, Village Residential and to
grant a Special Use Permit for a Home Occupation, Class B in order to operate a tool and
equipment storage building for an off-site business on the same 1 acre parcel. Property,
described as Tax Map 31, Parcel 36. is located on the east side of Route 743 (Earlysville
Road), across from the Earlysville Animal Hospital, in the White Hall Magisterial District (see
Attachment A). The property is not in a designated Development Area of the Land Use Plan
(formerly Village of Earlysville Growth Area), now within Rural Area 1.
Character of the Area: The area around this property is of a village character, with some
relatively small businesses in the general area, along with residences on lots of 2-4 acres
nearby as well as some agricultural/rural uses nearby.
Recommendation: Staff has reviewed this request for compliance with the provisions of
Section 31.2.4.1 (special use permit review) of the Zoning Ordinance and recommends
approval with conditions.
Staff Comment: The applicants' description and justification of these requests, along with a
drawing of the property, is provided as Attachment B. These uses are considered Class B
Home Occupations since they involve the use of accessory structures. The criteria for
issuance of a special use permit are addressed in order, as follows:
- the use will not be of substantial detriment to adjacent; property
With the possible exception of some increase in vehicular traffic m and from the site, the
proposed uses should not be particularly noticeable to adjacent properties, as they would occur
indoors and would not be expected to produce undue noise, dust, or glare. As required by
Section 4.14, a Certified Engineer's Report indicating that the regulations of the State Air
Pollution Control Board will be met by the proposed kiln will need to filed by the applicant
and approved by the County Engineer prior to the issuance of a zoning compliance clearance.
- the character of the district will not be changed
As described, this activity will be of a fairly limited scale so that the character of the district
will not be changed, with the possible exception of additional traffic and some sight distance
impacts. To address these potential impacts, staff recommends conditions to limit the traffic to.
and from the site and to balance sight distance and district character concerns.
- the use will be consistent with the public health and welfare
There is nothing hazardous or objectionable about the proposed uses, though the site has some
safety issues with respect to road access. The Virginia Department of Transportation has
noted that the existing entrances do not meet the minimum standard of sight distance for a
private entrance (250'), which can possibly be overcome with an entrance relocation, but
VDOT notes that the level of use here warrants a commercial sight distance requirement
(VDOT comments are provided as Attachment C). In this case, that would mean 350' of sight
distance, which, if it is available, would require sight easements on both sides of the property.
The applicants have provided documentation indicating that such easements are obtainable, but
staff notes that establishing a clear line of sight could involve undue demolition of fencing and
vegetation, which could adversely impact the character of the village.
It should be noted that VDOT's comments reflect their opinion of the best technical
transportation solution, as requested by the Board of Supervisors in 1976, with the particular
circumstances of any applicant being a matter for deliberation by the Planning Commission and
Board of Supervisors in the public hearing process. That discretion having been reserved to the
Commission and Board, staff offers the follovfing comments for consideration:
A purpose of zoning is "to reduce or prevent congestion in the public streets." The
County Attorney has stated that requirement of upgrading the entrances is permissible
under the authority to impose conditions upon a special use permit. Staff opinion is that
special use permit conditions should address peculiar aspects of a use in such a manner as
to allow the positive findings required by Section 31.2.4.1 and that such conditions
should be applied equitably.
The only reason this issue is before the Planning Commission and Board is because a
special use permit is required s'mce the proposed activities are in accessory structures
rather than the primary structure (dwelling unit) on the property. Based on the
applicants' description of expected vehicle trips (no trips associated with the pouery shop
other than occasional UPS deliveries, and one pick-up track departure in the mornings
and return in the evenings for the contractor storage), staff opinion is that the traffic
expected to be generated by these uses is only marginally greater than what would be
expected currently with the main residence and the separate apartment exist'mg on the
property. However, since such uses would have reasonable potential to involve use of
trailers and larger vehicles and occasional shop visitors, and since the apartment would
generate some traffic beyond what is normally expected from a single residence, and
given the available sight distance, staffbelieves there is reason to impose conditions to
help ensure that minimum residential sight distance is maintained, and that larger, slower-
moving vehicles are not used here.
Another traffic-related aspect of this proposal is the proposed "studio/kiln" openings (on
the order of once per quarter). It is not clear what level of visitation this would entail.
There is limited off-street parking available, and, given the road curvature, typical driving
speeds, and sight distance characteristics at this location, such openings may create
enough potential for traffic conflicts affecting traffic safety that they should be
2
disallowed. Similarly, pottery classes, which are not proposed but could certainly be a
reasonably expected outgrowth of such a studi6, should be expressly prohibited or strictly
limited.
The supplementary regulations of the Zoning Ordinance pertaining to Home Occupations
(Section 5.2.2 - limits on space devoted to such use, no change m outside appearance, no on-
premises sales other than handcrafted items, no unusual traffic volumes, em.) can be
considered met if the Planning Commission authorizes the total square footage being requested
for these Home Occupations and modifies the normal setback requirements for the accessory
structures. The normal limit on floor area devoted to a home occupation is 1500 square feet,
but Section 5.0 authorizes Planning Commission waiver or modification of such standards. In
this case, the pottery studio is proposed to use about 1200 square feet and the tool and
equipment storage is proposed to use about 1150 square feet, bringing the total space devoted
to the Home Occupations m about 2,350 square feet. The normal setback requirements in the
VR district would be 25' from the road right-of-way in the front and 15' from the side
property line. The applicants' drawing indicates the barn is 24' from Route 743 and 11' from
the side property line.
Staff opinion is that, given that the buildings are existing and that the square footage devoted
to the proposed uses is not expected to increase the intensity of the uses in terms of impacts on
neighboring properties over what a lesser square footage would impose, these modifications
are supportable. However, it should be noted that the additional square footage creates
potential for a more intense utilization of the buildings than might ordinarily be expected with
a home occupation and gives more weight to the rationale for limiting the uses as suggested
above.
Recommended Action: Approval with the following conditions:
1. The entrance onto Route 743 and the applicable properties shall be maintained such that
sight distance is optimized, providing a minimum of 250' of sight distance.
2. Vehicles with trailers and or vehicles with more than two axles shall not be used at the
subject location in conjunction with these home occupations.
3. On-site pottery classes, studio/kiln openings, and sales shall not be allowed with the
pottery studio.
4. Submission of a Cert'ffied Engineer's Report indicating that the regulations of the State
Air Pollution Control Board will be met by the proposed kiln to be filed by the
applicant and approved by the County Engineer prior to the issuance of a zoning
compliance clearance.
Attachments:
A - Location map with Zoning
B - Applicant's text and drawing of property
C - VDOT comments
A:\CRANE,RPT
ALBEMARLE
COUNTY
SP-96.35
Matthew & Suzanne Crane
3O
WHITE HALL AND SECTION
CHAR LOT~SVILLE DISTRIC~
· Description and justification of requests for special use permits to operate class B
home occupations on property zoned Village Residential.
Submitted by: Matthew and Suzanne Crane (Buyers and Permit Applicants)
Route 2, Box 428
Crozet, VA 22932
Concerning: WoodYGoodloe Property on Route 743 in Earlysville; Tax Map 31, p. 36.
Description:
The property in question consists of one acre on the east side of Route 743 on the
stretch of road between the Earlysville Green shopping center and the old general store
and gas station at the fork in the road. The property is directly opposite the veterinary
hospital that is located on the west side of 743. As indicated on the accompanying
drawing, the property also consists of a cluster of four beautiful old buildings: Listedin
the order that they appear from left/north to right/south these are:
1. The barn - 1340 square feet, unf'mished;
2. The shed - 625 sf, unfinished;
3. The garage/apartment - 389 sf, unfinished, in the garage and 813 sf, finished,
in the apartment;
4. The house - 1293 sf, finished.
All of these structures are in very good condition. As a cluster, they form a kind of
courtyard which is very. pleasing to look at from the road.
tfthe requested permits are gxanted, we, the applicants, intend to close on the
property and live in the house while renting out the apartment. We intend to pursue our
home occupations as described below:
I Sue Crane intends to have a pottery studio in the shed. There she would produce
kiln fired ceramic pottery for sale at craft shows and retail outlets around the region. She
would be working for herself and would have no employees. This would be strictly a
production space; no retail space is envisioned in this proposal. She would, however,
like to be permitted to hold as many as four studio/kiln openings per year, one in each
season. In order to produce her pottery, she will need to purchase and use a gas fired kiln
which will be housed in the proposed addition to the shed, The kiln will be built by Tom
Clarkson, the ceramics instructor at Piedmont Virginia Community College and a petter
of national reputation, to the same standards and specifications as his own kiln, until
recently located in a subdivision in Ivy, VA. The kiln addition will be built so that it
appears to be part of the original shed; all materials used on the exterior ofthe addition
will match the existing materials on the original structure. Inside, the addition will have
a concrete slab floor and contain a fimwall between it and the original structure; the
interior walls near the kiln will be fireproofed and covered with masonry board and sheet
metal, and the kiln will be held back at least three feet from all nearby walls. In addition
to the space provided in the shed and the kiln addition, Ms. Crane will also require about
200 square feet of space in the very back of the barn for storage of items such as clay,
glazes, and packing materials. This would bring the total square footage of her space up
to around 1200 square feet.
2. Matthew Crane intends to use the remainder of the barn, roughly 1 !50 square
feet, for covered storage of items and tools purchased for and used by his business,
Alternative Home Builders, a local construction and remodeling company specializing in
environmentally sensitive and energy efficient construction. This will not be an office or
a cabinet shop and there will not be any Alternative Home Builders employees working
at this site; Alternative Home Builders's activity at this site will be mostly confined to
the occasional loading and unloading of tools, equipmem, and building materials stored
within the building. Indeed, this is how the building is being used at present as it is
currently being rented by another contractor for this same purpose.
· Page21
With the exception of the those changes required by the kiln addition, we mtend
to preserve the appearance, charm, and character of the existing structures and
landscaping exactly as they are at present. It is precisely such character and charm that
attracted us to this property initially, and we intend that our business uses of the
outbuildings should contribute to their preservation.
Justification:
We would like to justify our requests for special use permits on the following
grounds:
Low Impact: We will be making only minor alterations to the existing structures. The
visual appeal of the site will be preserved. Aside from the small kiln addition, we will
not be building any new structures, but will simply use those already present on the site.
The activities that we propose will be quiet and unobtrusive and will impose no
burdensome effects upon the surrounding community. By establishing her place of work
at her home, Suzanne Crane will be able to cease commuting to work, and thereby
eliminate one automobile from the morning and evening traffic.
Historical and Neighborhood Precedent: Prior to 1978, this property was the site of the
old W,W. Woods General Merchandise. Although it has since lost its nonconforming
status as a business location, the site has historically been home to a business. We
believe that a pottery studio could, like the general store, contribute a sense of vitality
and interest to the village residential area around it. In addition to this historical
precedent, the property is surrounded by other public and business locations including the
animal hospital across the street, the general store just up the road, the churches and the
shopping center just down the road. and the many larger businesses along route 743 as
one continues on toward the airport. In spite of how it is zoned, the area on either side of
Route 743 is already a mixed use area; a pottery studio and a small contractor's storage
garage would not be inconsistent with this mix, particularly if they are maintained in the
appealing manner that we intend. As mentioned above, the barn is already being used by
another contractor for the same purpose being proposed here.
P_r_eservation of Rural Character: By using these buildings and this site in the manner
that we propose, we guarantee that they will be preserved and that they will continue to
function in a way that is consistent with their original purposes. They were built as work
buildings for storage and production, and therein lies their appeal and significance. We
propose to preserve them without turining them into offices or retail space or dead
museum pieces. Surely, the presence ora small pottery studio would, like the small
scaled village enterprises of old, enhance the visitor's sense of Earlysville as a rural
village with a livel.~ and still functioning center.
No effect on a~icultural uses: This site has not been in agricultural use dUring the last
centmy. It was last sold in 1929, and at that time it was already a commercial location
which it remained up until 1978. Our use of it will not take any agricultural land out of
production Indeed, we plan to plant the quarter acre behind the barn in tulips, daffodils,
crocuses, daylillies, and other bulbs, so we will in fact be restoring some agricultural Uses -~.~
to the site.
Su.~oort for families and working mothers: At present, Sue Crane must drive over an
hour to her workplace. This unfortunate necessity has led us to postpone starting a
family until we could set her up with her own pottery studio so that she could work from
home. The plan that we propose will allow her to quit her job, become self-employed,
and have interesting work while being able to start a family and spend time with her
children.
~p
tJ: -t !%;; i
Matthew and Suzanne Crane
IATTACHHENT B I
I Page 5 t
Route 2, Box 428
Croze~, Virginia 22932
Telephone 804-973-8379
Fax Email: mic3c~lVirginia.edu
October 14,1996
Ron Lilley: Sen/or Planner
Department of Planning & Commtmi .ty Development
401 Mcintire Road
Charlottesville, VA 22902-4596
Dear Mr. Lilley:
In the following paragraphs I shall attempt to answer your questions about the ways in
which I intend to use the Earlysvitle property in my business and the means by which I
have addressed VDOT's concerns about roadway access and visibility.
In brief, I intend to use the space in the ham to store various handtools and such items as
cabinets, doors, countertops or windows that require covered storage until needed on my
jobsites. I will have no large equipment and no vehicles other than my personal track
parked at the Earlysville property. I do have some heavy equipment, but I keep it stored
on a larger piece of land that I own in Greene County. The Earlysville property ~s going
to be my residence, not my place of business, and I don't want to junk it up with a bunch
of construction equipment.
Mine is a small company and I intend to keep it that way. At present, I have no
employees. The traffic coming and going from the property will be limited to my own
commufmg, and that will be limited, for the most pan, to my departure in the morning
and my arrival home at night. If I were to need anything from the storage shed in the
morning, I would load it in the track before leaving. It would be very rare for me to
return later in the day to pick up anything else. In addition, my materials dehveries are
made to thejobsites on which I am working; I do not expect to be receiving deliveries at
the Earlysville site. It's business use will be limited to covered storage of fixtures and
supplies that can't be exposed to the weather and tools that don't fit in my truck tool box.
Indeed, as t mentioned in my application letter, this is the very use to which it is being
put right now by another contractor who is renung the space from the current owners.
The conclusion to be drawn from all of the above is that there will be no large trucks,
trailers, or equipment entering or leaving the property. Nor will there be more than one
departure and one arrival by my commuter track on most days. It will not be a busy site.
IATTACHMENT Bi
I have addressed VDOT's concerns about roadway access and visibility in the following
manner: I have obtained a written agreement from Don Keenan, my neighbor to the
south, m keep his roadside hedge trimmed low so as not to interfere w/th my view of the
oncoming lane of traffic. Looking across my property and his, one can see down this
lane of traffic more than 370 feet from the point where vehicles would be exiting the
property and entering route 743. To the north, the sightline down the road does not really
cross our north neighbor's property; it pretty much crosses through the public right of
way. In that direction, we can see almost all the way up to the General Store, at least 390
feet. Our neighbor's line of trees obscures any view of the store itself, but it does not
block our view of the road over that distance.
The configuration of the driveway into the property bears some mention because it
allows for safer entrances and exits to and from the road than an ordinary driveway might
allow. As it is presently designed, the driveway acts like a set of entrace and exit ramps,
allowing vehicles to enter and leave the roadway at a higher rate of speed and to merge
more quickly with the traffic already on the road. We intend to designate the south
driveway opening as the entrance and the north opening as the exit in order to facilitate a
safe traffic pattern for ourselves and for any visitors that we might have.
I hope that the above has answered your questions. If I can be of any further assistance,
please don't hesitate to call,
Sincerely,
Matthew Crane
i ATTACHI~ENT .It{
DAVID R. GEHR
COMMISSIONER
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
701 VDOT WAY
CHARLOTTESVILLE. 2'2911
I ATTACHMENT C I
A. G. TUCKER
RESIDENT ENGINEER
September 19, 1996
October Public Hearings
Mr. Ron Keeler
Dept. of Planning &
Community DevelopmenE
401 McIntire Road
Charlottesville, VA.
Dear Mr. Keeler:
22902
Please find listed below our comments for October Public Hearings.
SP-96-35 & -~P-96~:~atthew &~ Suzane Cranev ~Oute 743
The existing entrances do not meet our minimum standard of 250 feet of sight
distance for a private entrance. The entrance can perhaps be adjusted to meet
private entrance requirements. The two home occupations and a
garage/apartment in addition to the private dwelling would warrant a
commercial site distance requirement. The activity generated by the two home
occupations would be more than a private entrance. The sight distance can
possibly be attained, but would require sight easements on both sides of
property.
SP-96-37 Buck Mountain, Route 743
The existing entrances to church and parish hall will be required to meet
commercial enErance standards. A sight easemenn will be required at the
parish hall ensrance and the fence to be removed or set back. We recommend
that the northern entrance be closed or to meet commercial entrance standards.
SP-96-38 UVA Employees Credit Union, Route 1403
The existing entrances and nurn lane were determined to be adequate when
Berkmar Drive Extended was built. The traffic flow appears to be improved.
site plan review recommended the elimination of several parking spaces near
the southern mosn entrance co help with on-site circulation.
TRANSPORTATION FOR THE 21ST CENTURY
RECEIVEP
Plannin9 Dept.
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntke Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
October 23, 1996
Geoffrey Marrocks
5160 Advance Mills Rd
Earlysville, Va 22936
REi
SP-96-37 Buck Mountain Episcopal Church and
SDP-96-090 Buck Mountain EpisCopal Church
Tax Map 31, Parcels 35 and 35A1
and initialed WDF. './:': .:i' !';:"
[h2M~'(I I~. ~, IMf .% 0 13. Sll~f I'Cx.ic~ cOnllniilc¢ and to allow': :: · ~' ' : ....
: informati6n ?~garding yO~ application must be submitted t
Page 2
October 23; 1996
SDP-96-090 Buck Mountain Episcopal Church - Unanimously approved sub: ect to the
following conditions:
No building permit or grading permit shall be issued until the plan of
development is approved. No plan of development shall be approved until the
plan addresses the following:
a. Health Department approval;
b. Albemarle County Engineering approval of an erosion control plan will be
required if the land disturbed activity exceeds I0,000 square feet;
c. ' Virginia Department of Transpo~:tation (VDOT) approval of an entrance
, permit:for any work proposed within the VDOT right-of-way.' .
If you should have any questions or commems regarding ~e above noted acti0n~ please d~ not
hesitate to contact me~
Sincerely,
V. Wayne~Cilimberg ~
Director of Plann~g C~3fimunity Development
VWC/jcf
CC:~
Ella Carey
Amelia McCulley
Jo Higgins
Angela Tucker
S L Key, Inc
Buck Mounta'm Episcopal Church
STAFF PERSON:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
William D. Fritz
October 22, 1996
November 13, 1996
SP 96-37 and SDP 96-090 Buck Mountain Episcopal Church Special Use Permit and Site
Plan Waiver Request
Applicant's Proposal:
Proposal to expand the existing church to provide additional area for fellowship hall, classrooms,
office, nursery and slight increase in meeting space.
Petition:
Proposal to construct an addition of approximately 1,300 square feet on approximately 5 acres
zoned VR, Village Residential [12.2.2(15)]. The property, described as Tax Map 31, Parcels 35
and 35A1, is the location of Buck Mountain Church which is on the east side of Route 743
approximately 700 feet south of Route 663 in the White Hall Magisterial District. This site is not
located within adesignated development area, (Rural Area 1).
Character of the Area:
This property is the location of the existing Buck Mountain Church which is on the Virginia
Landmarks Register. Other uses in the area are primarily residential with a vet clinic also located
in the area.
RECOMMENDATION:
Staffhas reviewed the special use permit for compliance with the provisions of Section 31.2.4.1
of the Zoning Ordinance and recommends approval of the special use permn.
Staffhas reviewed the request for a site plan waiver for compliance with the provisions of
Section 32.2.2 and recommends approval of the site plan waiver request with conditions.
Plannine and Zoning History_:
A subdivision was recently approved, administratively which separated the existing house on the
north end of the property from the church. No other history of County action is available for this
site. The applicant has provided a history of the church, and the church is on the Virgima
Landmarks Register.
Comnrehensive Plan:
This parcel is located in the Rural Areas of the Comprehensive Plan. However, the property is
zoned VR as it was within the area formerly known as the Village of Earlysville. The plan states
as an objective for the Rural Areas:
All decisions concerning the Rural Areas shall be made in the interest of the four major elements
of the Rural Areas, with the nighest priority given to preserving agricultural and forestall
activities rather than encouraging residential development,. The four major elements are: (1)
preservation of agricultural and forestall activities; (2) water supply protection; (3) limited
service delivery m the Rural Areas; and (4) conservation of natural, scenic, and nistorical
resources.
This site is not used for agriculture. This increased development on this site will not affect
agricultural use of other property in the area. This site is located in the water supply watershed
for the water intake located on the North Fork of the Rivanna River. Approval of the
developmem plan may require engineering department approval of a runoff control permit to
mitigate the impact of the development. The proposed expansion provides additional services in
the area and is in response to the existing demands placed on the facility. Staff opinion is that
the expansion of the church will not represent a substantial increase in demand on public
services.
The Comprehensive Plan, Open Space Plan, does identify this site as a registered nistoric site.
The applicant has designed the improvements to minimize the negative impacts to the nistoric
character of the site. Staffhas included a letter from the Department of Historic Resources. The
applicant has modified the plan design to address some of the contents of this letter. The
original plan would have enclosed what is now shown as a breezeway connecting the proposed
expansion to the existing church. This opening of the area of connection between the expansion
and existing church minimizes the area of impact on the existing church. Alternative designs
wnich further reduce the impact m the church may be possible. Staff notes that the existing
designation of the site on the Landmark Registry does not limit the use or modification of the
site.
STAFF COMMENT:
Staff will address each provision of Section 31.2,4.1 of the Zoning Ordinance.
The Board of Supervisors hereb,~ reserves unto itself the right to issue all special use
permits ~ermitted hereunder. Special use permits for uses as provided in this ordinance
may be issued upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to ad_iacent property.
Staff is unaware of any adverse impacts created by the existing church. The area of the proposed
expansion is within the parking area of the existing church and therefore the additional area to be
disturbed is m/nimai. The proposed expansion is intended to facilitate the existing needs of the
church and does not represent an increase in the intensity of use of the site. (Staff does note that
the expansion may allow for more hours of usage of the site, but does not anticipate the level of
activity to be greater than that which currently appears on-site.)
that the character of the district will not be changed thereby.
The design of the expansion is intended to complement the existing church and preserve its
historical integrity. The expansion is such that the impact will be limited. Therefore, it is the
opinion of staff that this proposal will not change the character of the district.
and that such use will be in harmony with the purpose and intent of this ordinance,
Staffhas reviewed the purpose and intent of the ordinance as stated in Sections 1.4, 1.5 and 1.6.
Staff opinion is that this use is in harmony with the ordinance and in particular with the
provisions of Section 1.4.3 and 1.4.4.
with the uses permitted by riv. ht in the district.
Approval of this request will not affect permitted uses on adjacent property.
with additional regulations provided in Section 5.0 of this ordinance,
Section 5.0 contains no additional regulations.
and with the public health, safety_ and ~eneral welfare.
A site plan waiver request has been submitted in support of this application. Review of this plan
indicates that the public health, safety and general welfare will not be adversely impacted by this
expansion. A full review of the site plan waiver request is contained below.
The applicant has submitted a site plan waiver request in accord with the provisions of Section
32.2.2 of the zoning ordinance. (Attachment D). The submitted plan information has been
reviewed by the site review committee and has been revised to reflect the comments. [Additional
information/submissions will be required for final plan approval.] The applicant has requested
that one change requested by the site review committee and shown on the site plan not be
required. (Included in the applicant's information packet which is attachment C.) The applicant
was requested to increase the travel aisle width at the entrance to 20 feet to allow for improved
two-way access to the parking lot. This modification has been shown on the plan. However, to
construct this improvement will require the modification of an existing stone wall. While this
wall was built in 1940, conversation with the Virginia Department of Historic Resources staff
indicates that the wall has no specific or unusual lfistoric characteristics but does contribute to the
setting of the church. Staff recommendation is that all sites should be provided with adequate
two way access at the site entrance. [Staff is unaware of any accidents caused by the existing
situation.] The existing wall does contribute to the character of the site. Removal/modification
of the wall design will have some impact on the character of the site however it will not
substantially change the character of the site; Improvement ofthe access aisle is consistent with
the purpose of the zoning ordinance to protect the public health and safety. The Engineering
Department has offered an alternative entrance design which would allow the wall to remain
while providing an access satisfying current requirements of the zoning ordinance. This
alternative however, would involve significant site work in the front of the church. Should the
Planning Commission and Board choose to allow maintenance of the existing aisle design it
should be noted that the action is based on a desire to preserve the historical context of the site
and based on past observation of the use of the site.
No issues have been identified by the site review committee which would require the submission
of a site plan meeting the full requirements of the ordinance. Historically, additions to existing
churches have been approved with site plan waivers or the use of sketch plans approved at the
time of the special use permit. Staff can identify no public purpose to be served by the
requirement of a full site plan and that the public's interest will be equally served by approval of
the site plan waiver request. Only the Planning Commission must act on the site plan waiver
request.
SUMMARY:
Staff has identified the following factors which are favorable to the special use permit:
Approval of the request will allow for continued use and growth of an existing church
which reduces the need to find a new site for construction of a church;
The proposal generally meets the requirements of Section 31.2.4.1 of the ordinance.
Staff has not identified any negative factors to the special use permit.
Staff opinion is that the public's interest would not be better served by the requirement of a full
site planthan by the approval of the site plan waiver request. The conditions proposed by staff
will insure that the site is developed in accord with the requirements of the ordinance.
RECOMMENDED:
Based on the above timings staff recommends approval of the special use permit subject to the
following conditions:
Development shall be in general accord with the plan titled "Proposed Addition to Buck
Mountain Episcopal Church" prepared by S.L. Key and initialed WDF 10/2/96 and with
plans tiffed "Proposed Addition to Buck Mountain Episcopal Church" prepared by
Samuel E. Damell and initialed WDF 10/2/96 except as amended to address requested
revisions of the site review committee;
2. Approval of this permit shall not constitute approval of a day care/nursery school.
Staff recommends approval of the site plan waiver request subject to the following conditions:
No building permit or grading permit shall be issued until the plan of development is
approved. No plan of development shall be approved until the plan addresses the
following:
Health Deparunent approval;
Albemarle County Engineering approval of an erosion control plan will be
required if the land disturbed activity exceeds 10,000 square feet;
VDOT approval of an entrance permit to include those items contained in the
letter from VDOT dated September 3, 1996 and included as Attachment E;
Additional Comment:
Should the Planning Commission and Board choose to allow maintenance of the existing
travelway at the entrance to the site condition one of the special use permit should be amended to
read:
Development shall be in general accord with the plan titled "Proposed Addition to Buck
Mountain Episcopal Church" prepared by S.L. Key and initialed WDF 10/2/96 and with
plans titled "Proposed Addition to Buck Mountain Episcopal Church" prepared by
Samuel E. Damell and initialed WDF 10/2/96 except as amended to address requested
revisions ofthe site review committee and to allow maintenance ofthe existing rock wall
and column.
ATTACHMENTS:
A - Location Map
B - Tax Map
C - Applicant's information
D - Section 32.2.2 of the zoning ordinance
E - VDOT Comment
F - Eng'meering Department Comment
IATTACHMI=NT At
G
'F
6
E
C
SP-96-37
Buck Mountain Episcopal Church
CHARLO~i:~S -
5
ALBEMARLE
COUNTY
SP-96-37
Buck Mountain Episcopal Church
..... WHITE HALL AND SECTION .'.'51
,./-
Mr. Bill Fritz
Department of Planning and Community Development
Albemarle County
401 Mdntire Road
Charlottesville, VA 22902
On September 23, 1996, on behalf of Buck Mountain Church, we submitted a revised site plan
which addressed all the notations that you had brought to our attention during your review of the
original application. Of major concern to us, however, is the requirement of our having to tear
down a portion of the rock wall i~ order to provide a 20' travetway in the parking tot.
The rock wall is a memorial to the Rev. Churchill G. Chamberlain, who was the Rector of Buck
Mountain Church at about the rum of this century. It was he who founded the Buck Mountain
Church Preservaticm Association in 1928 and worked vigorously for the survival of the building.
In recognition of his efforts, the parish constructed the wall and dedicated it to his memory on
August 28, 1940. It seems ironical that something must, in part, be torn down which honors a
man who worked for the preservation of the church.
A far more persuasive argument for the preservation of the wall is the simple fact that the new
addition would reduce the number of parking spaces from twenty-five to sixteen thereby reducing
the number of vehicles entering the lot by nearly forty percent. Further, traffic into the lot is
generally one way. People arrive for church at a fifteen to twenty minute period before the service
and leave at varying intervals at its conclusion. Over all the years with the wall in place, and with
a capacity of twenty-five cars, there has never been a traffic congestion problem or any other
problem concerned with the safe ingress and egress of the church parking lot. The only regular
time the parking lot has the maximum number of cars physically permissible is at the 10:00 AM
Sunday service. On Tuesdays a Bible Study Group and a Prayer group generate about four to five
cars. The rest of the week the building and lot remain vacant. It seems to us that to tear down
part of a memorial wall to accommodate this volume of traffic is unnecessary. The addition, even
if it were to generate new programs, would have limited parking by the very nature of the sixteen
parking spaces available.
Our addition is necessary to keep the church viable (and in a way, competitive) with others that
offer a whole array of services on Sundays and throughout the week. Families with small
children are the future of the parish and without adequate facilities to accommodate their needs,
we are at a significant disadvantage. Our viability ensures the protection of our historical
heritage, for without a wide-base of support, funds would not exist for our on-going and
continuous restoration and preservation efforts of the church building. To divert any portion of
our scarce fiscal resources to do work that seems unnecessary would only hinder our reaching our
goal.
It would be greatly appreciated if you would please give this matter further consideration in your
remew process.
Sincerely,
ey Mattocks
Department of Zoning
Albemarle County
401 Mclntire Rd
Charlottesville, VA 22902
ATTACHPIENT C I
{Page 21
Submitted herewith please find an application for a Special Use Permit for a
proposed addition to Buck Mountain Episcopal Church, Earlysville, Virginia.
Buck Mountain has been in continuous service in Earlysville since 1747 and
at its current location since 1860. The rectangular building is devoid of any
space for activities other than the regular worship service. A little addition
added at the turn of the century does offer a small indoor bathroom and a
little area that can be used as a~ office for the clergy; however, these are totally
inadequate spaces.
An old dance hall was moved to the property in 1933 which offers some space
for church activities and the parish also makes it readily available to the
community. It is a considerable distance/rom'the church and not conducive
for Sunday School classes, a nursery, office space or social time after church
services. The proposed addition addresses these space problems.
We are trying to provide services that a modem church must offer in order.to
maintain its congregation. Our growth is reflective of the community's
growth and has run parallel to it. The activities that will be carried out here
are they that are currently being carried out except that they will now be in a
more suitable setting.
We are seeking a Special Use Permit to allow us to construct the proposed
addition (plans included) at a site that has for all these years served an active
congregation. The new structure is modest in scope and has been carefully
designed to recognize the historical significance of our old building.
We believe such a request is justifiable in that the nature of the community
will be totally unchanged; the activities that will be going on are the same as
the activities that have been going on for centuries; the "addition" is designed
to accommodate the existing congregation not to generate new growth; and,
that a request such as this is totally in keeping with the County's plans of
keeping the attractive rural communities alive and well. In our fund raising
efforts we are including requests for money to allow us to continue our
preservation efforts so that the old bu'~ding will not fall down. The years
have not been kind to a stone foundation simply laid out upon unexcavated
earth. A Live, healthy church can keep the old building up.
Mattocks for Buck Mountain Episcopal Church
Mr. Bill Fritz
Department of Planning anc~
Albemarle County
401 Mcintire Road
Charlottesville, VA 22902
.~mmunity Development
i ATTACHI~IENT C [
Dear Mr. Fritz
The design of the Buck Mountain addition that was submitted with our site plan was the result
of a metamorphosis that transpired over about a one year period of time in 1994 - 95. As with
any change contemplated among a group of rugged individuals, there were wide and varying
ideas of what to do and how to do it.
Originally, the additional space needed was going to be foundby digging a basement and
elevating the church. However, this would ereate a totally different look to the church and the
new space would be hard to access by our most senior or handicapped members.
Three local architectural firms were asked to submit design concepts and the parish selected Mr.
Sam Darnell as the architect. In his original design, Mr. Damell had envisioned an enclosed
foyer as being the main entrance to either the church or the new addition. One would enter
this space and turn right to go into the church or left to enter the addition which would be
perpendicular to the church building. Going between the two buildings was accomplished in
an indoor environment.
These plans were reviewed with Mr. Calder Loth, Senior Architectural Historian, from
Virginia's Department of Historic Resources and in late May or early June 1994 a delegation
from Buck Mountain met with him in Richmond. Later, he visited Buck Mountain Church
and met with Mr. Darnell. Mr. Loth's main concern was that an enclosed breezeway blocked
the view from the road of the north side of the church building.
From these encounters, Mr. Darnell redesigned the entrance way to be an open area and the
addition would "touch" the old church as lightly as possible. This design was further reviewed
by the former Dean of UVA's school of architecture and then finalized.
Like so many things in life our final design is a series of compromises but, through
compromise, acceptance has been achieved.
I have enclosed the letter from Mr. Loth expressing his concerns and also noting that
"Landmark" designation places no restrictions on private property. (Please excuse my notes on
the letter)
For your private use only, if interested, ! have included a paper I wrote trying to get at the
bottom of how old Buck Mountain really is. The more I've had to erawl into the innards of the
church to help make various repairs - the more band saw marks have been found; the whole
roof structure is made from wood with circular saw marks - leaving very few hand-hewn
beams from former days. However, Mr. Loth told me that if there are materials in a building
from colonial times; then, it is a colonial church! Who am I to question that?
Sincerely,
ATT~~MENT C ]
COMMONWEALTH of VIRGINIA
Department of Historic Resources
221 Gov~nor Street
Richmond. Virginia 23219
Charles M. Johnson, III, MD
Senior Warden, Buck Mountain Church
1000 East High Street
Charlottesville, VA 22901
RE: Buck Mountain Episcopal Church, Albemarle Co.
Dear Dr. Johnson:
As I am sure you are aware, Buck Mountain Church is part o~
the Commonwealth's highly significant collection of colonial
churches. Indeed, it is one of only three known Anglican churches
of the colonial period in the state. Because of its many special
qualities, the Board of Historic Resources officially place~ the
church on the Virginia Landmarks Register in 1972.
This office recently received a copy of plans for a pro, osed
addition the church. I am concerned that the plans ~ho%; the
addition directly attached to the church facade, affecting i:''
historic outline. While I can appreciate the necessity fort his new
facility, its placement could have an impact on the historic and
architectural integrity of this landmark building.
Landmark designation places no restrictions on private
property, however, we hope the designation will be raked !nt¢~
consideration when changes are required. This office routimal7
offers technical assistance to owners of historic landmarks an~ I
would be glad to meet with representatives of the church to disc,zs~'
our respective interests in this project. Please feel free to
contact me at your convenience.
Senior Architectural Historian
cc The Right Reverend Peter J. Lee
How Old is the Buck Mountain Church Building?
1747-1750 vs. 1858-1865
by Geoffrey Mattocks
IPag~ 51
In 1744 Albemarle County gained its own autonomy from Gouchland County
and became an independent political entity. Just as counties existed for civil
purpose, parishes existed for ecclesiastical reasons and both were extensions of
the state and tax supported. The Vestry, originally elected as freeholders of the
parish, were responsible for church buildings, selection of the rector and the
care of the poor.1 Albemarle was divided into two parishes - St. Anne's in the
south and Fredericksville Parish in the north. The line of separation was
approximately where Route 250 is today.2
In what is the Albemarle Countv of today two churches were built within
Fredericksville Parish; one on either side of the South West Mountains. The
church in the eastern section was originally known as Belvoir Church,
commonly known as Walker's, and now known as Grace. The second church
was to be built in the west along the Buck Mountain Road near what is now
Earlysville.3
The exact date of construction of the Buckmountain Church (one word
originally) is not dearly established. Although an active congregation is
known to be in existence in 1747 it appears that there were construction
problem between 1747 and 1750 which was the date the church was accepted as
finished.4
The American Revolution had a profound effect on the Church of Virginia
(Church of England) which by October 1789 had become part of The Protestant
Episcopal Church in the United States of America. The Church of Virginia
had been state property and many rectories, churches and glebes were sold.
Episcopal services were not held on a regular basis in Albemarle County and
on occasions an itinerant clergyman would hold a service at the Court House
in Charlottesville. Buck Mountain Church was either abandoned or in disuse
by 1794.5 The movement for religious freedom had prompted the dissolution
lRev. Edgar Wood, History_ of Albemarle County in Virginia. (Charlottesville, VA, The Michie
Company, 1900 ) p. 24.
2Merlinda B. Frierson, The Study of Five Episcopal Churches in Albemarle Coun .ly, Virgima.
£Charlottesville, VA, University of Virginia, Research in Regional Architecture, December 13,
1983) p. 2
3Wood, op. cit. p. 126
4jim Eddins, A Changeable Chapel, (Earlysville, VA, Buck Mountain NEWSLETI ER, June-July
1994) p. 7.
5William Newman and Camille Wells, Buck Mountain Church, (Charlottesville, VA, Studies
in Vernacular Architecture, University of Virginia, January 13, 1983) p. 6.
IATTACHMENT Ct
of state ties and the Disestablishment process had begun in 1776.6 By the turn
of the nineteenth century the building was used by Baptists. In fact, the Buck
Mountain congregation sent a congratulatory letter to Thomas Jefferson upon
his retirement as the third President and upon his return to _Albemarle. Mr.
Jefferson responded with a "thank you" letter addressed to the Buck Mountain
Baptist Church.7
In his History of Albemarle County in Virginia, Edgar Wood reviews the
family histories of many of the early residents of this area. When outlining
the achievements of James Michie (Sheriff and Magistrate of Albemarle) in
the 1840's he states that he worked hard to save "...the ruins of the Buck
Mountain Church." The church building would have been about one
hundred years old by that time and had been through periods of great neglect,
disuse and abuse.
A description of the building ,written in 1857, but referencing a period of time
thirty years before goes like this: "When I first saw it, more than thirty years
age, it was - though said to be repaired - a mere shell, with many an opening
in the clapboard walls, through which the wind might freely pass. The. inward
repairs consisted of removing the old pews into the gallery; where they were~.
pilled up, and in their room putting benches made of the outside slabs from
the sawmill, with legs as rude thrust through~ and of course no backs. The old
pulpit was left standing, but by its side was a platform made by laying a few
planks across the backs of two pews, which the preacher preferred to the old-
fashion pulpit."8
There is a preponderance of written testimony which dearly establishes the
fact that the old church building was in a sad state of affairs by the middle of
the 1800's. Certainly its condition had to have been factored into the decision
to relocate the church.
In 1975, under the direction of Dr. K. Edward Lay, Associate Professor of
Architecture, University of Virginia, a study was undertaken by William
Newman and Camille Wells in vernacular architecture, Their paper is
entitled Buck Mountain Church and in it they provide some interesting
historical facts as well as a detailed study of the architecture of the present
building. They concluded that "...although the present structure of Buck
Mountain Church, with its Greek Revival detailing, cannot conclusively be
dated any earlier than the 1860's, the orgarfized congregation can indeed be
6George NL Brydon, Virginia's Mother Church, (Philadelphia, PA, Church Historical Society,
1932) p. 401.
7Thomas Jefferson, Thank You Letter to Buck Mountain Baptist Church, (Alabama Department
of Archives and History) April 13, 1809.
8William Meade, Old Churches, Ministers, and Families of Virginia. (Philadelphia, PA. J.B.
Lippincott, 1857) p. 47.
I ATTACHMENT C I
traced to the eighteenth century, and to an original church building which was
structurally very similar to the present one."9
Greek Revival Architecture has, as its genesis, the classic book by.James Stuart
and Nichols Revett Antiquities of Athens. Stuart and Revert began writing the
works in 1762 and it was years before the Greek Revival movement found
fruition in Germany, England and America. It was the rise of Jacksortian
democracy 10 that saw this country abandon English sources of architecture in
favor of Greek Revival. The Lee Mansion, Alexandria, Virginia, typifies this
period.11 Any Greek Revival characteristics of the present Buck Mountain
Church building post date the original building by about one hundred years
and are indicative of a different era and time.
The Rev. F. L. Robinson, Rector of Buck Mountain, interviewed Dr. Edward
Birckhead in 1902. Dr. Birckhead was, at that time, a surviving Trustee and
Vestryman from the old church. Generally accepted oral tradition and some
secondary sources agree that the Buck Mountain Church building was torn
down and the material moved to its present site in 1865. There is no
numbering system of the component parts to indicate a logical reconstruction
plan. There are indications that some of the support members have been used
before, but in a different configuration. In all probability, as the old church
was torn down, sound pieces were salvaged and reused. Additional material,
new in the 1860's, became new braces and supports. New windows and doors
were installed.12 Other sources da'ma that the present building was
constructed in 1858. The year 1865 does lead to some question since that is the
year the Civil War (1861-1865) ended and the rebuilding of devastation and
people's lives must have had a high priority.
The old building was 30 X 60 feet, the new 26 X 52 feet; the old had a gallery,
the new, none; high back pews for the socially placed versus democratically
hard, uncomfortable ones; the interior of the old was whitewashed, now the
building is plastered, probably for the first time in 1903;13 a chancel was added
in the 1930's; a wooden roof then, a tin roof now; formerly a canopy pulpit, at
present a lectern - to mention a few major reconfigured details.
Recently, a friend of mine purchased the ruins of an authenticated 1844 log
build'rog. Many of the timbers in this building were serviceable and he
disassembled it and brought the material to his mountain retreat here in
Albemarle County. There, he reconfigured these materials into a delightful
9Newrnan and Wells, op. cit., p. 1.
10Andrew Jackson, President 1829-1837.
llEverard M. Upjohn, Architecture, (Collier's EncydopediaL Crowell-Collier Educational
Corporation, 1968) Vol. 2, pp. 528-534.
12Newman and Wells, op. cit. pp. 8-10.
13Ibici., p. 16.
3
log cab're. Here too, he' had to augment his material supply with such things
as windows, doors and some additional wood. Is this an 1844 building or is it a
1994 one? Obviously, it is a1994 building made, in part, with material from an
older similar structure.
It is conclusive that the present Buck Mountain Church building, located on
Route 743 in Earlysville, is not the earlier 1747-1750 building located at a
different site. There is evidence that some of the material from the old
building was used in the construction of the new. However, these materials
were augmented with new materials, doors, windows, pews and flooring.
Although the church has the same rectangular pattern to it, it is a smaller
building and built in a style that was not used when the original building was
constructed.
The above discussion is not entered into in any way to diminish the historical
significance of the Buck Mountain community. Rather, it is an honest
attempt to look at the historical record of the church building and put it into
perspective based upon solid evidence and sound research. A building built in
the 1860's has a life and identity of its very own and does not need to be
shrouded in myth.
Earlysvilte, Virginia
May 31, 1994
4
32.2.2
32.3
32.3.1
32.3.2
32.3.3
32.3.4
Any agricultural activity except as otherwise
provided in section 5.0.
eJ
Any change in or expansion of a use except where
the sale of gasoline is involved; provided that:
(1) such change or expansion does not occasion
additional parking under the requirements of this
ordinance; (2) no additional ingress/egress or
change in ingress/egress is recommended by
Virginia Department of Highways and Transportation
based on intensification of use; (3) no additional
ingress/egress or alteration of existing
ingress/egress is proposed. (32.2.1, 1980)
The foregoing notwithstanding, after notice in accor-
dance with section 32.4.2.5, the commission may waive
the drawing of a site development plan ina particular
case upon a finding that the requirement of such plan
would not forward the purposes of this ordinance or
otherwise serve the public interest; provided that no
such waiver shall be made until the commission has
considered the recommendation of the agent. The agent
may recommend approval, approval with conditions, or
denial of such waiver. In the case of conditional
approval, the agent in his recommendation shall state
the relationship of the reoommended condition to the
provisions of this section. No condition shall be
imposed which could not be imposed through the applica-
tion of the regulations of section 32.0. (32.2.2,
1980; Amended 5-1-87)
ADMINISTRATION (32.6, 1980)
The director of planning and community development of
Albemarle County is hereby designated the agent of the
board of supervisors of Albemarle County for purposes
of the administration of this section. (32.6.1, 1980)
The agent shall be responsible for the receipt and
processing of site development plan applications
subject to the procedures as hereinafter provided.
(32.6.2, 1980)
The agent may from time to time establish such reason-
able administrative procedures as shall be necessary
for the proper administration of this section.
(32.6.7, 1980)
Ail county and state officers and employees responsible
for the supervision and enforcement of this section
shall have the right to enter upon the property at all
reasonable times during the period of construction for
the purpose of making periodic znspections for compli-
ance with this section. It shall be the responsibility
205 (Supp. 937, 3-18-87)
DAVID R. GEHR
COMMISSIONER
COMMONWEALTH of VIRGINI A
DEPARTMENT OF TRANSPORTATION
701 VDOT WAY
CHARLO"CFESVlLLE. 22911
ATTACHMENT E !
A. G. TUCKER
RESIDENT ENGINEER
September 3, 1996
Site Plan Review Meeting
September 12, 1996
Mr. Jack Kelsey
Dept. of Engineering
421 McIntire Road
Charlottesville, VA.
22902
Dear ME. Kelsey:
The following are our comments:
SDP-96-089 University of Virqinia Employees Credit Union Preliminary Site
Plan, Route 1403
1) Submit drainage compunations for review to determine impacu on existing
facilities.
2) Indicate radii in existing enurances.
3) Recommend eliminating some of the parking spaces near the southern most
entrance that will effect on site circulation.
SDP-96-090 Buck Mountain Church Site Plan Waiver Request, Route 743
1) The main entrance serving the church and the southern entrance serving the
Parish Hall will be required to be improved to mlnlmum standard
commercial entrances. This will require some adjustments in the exisulng
rock wall in order to meet the width requirements. (30' width entrances
with 15' radii)
2) A sight easemenu will be required at the Parish Hall entrance to insure
the 350' sight distance to the North is maintained. The fence will also
need to be removed in this area.
3) The Department recommends the northern mosu entrance be closed since
parcel "X" has its own access. If it is to remain, it will also be
required ~o be improved to minimum commercial standards.
TRANSPORTATION FOR THE 21ST CENTURY
TO:
FROM:
DATE:
RE:
COUNTY OF ALBEMARLE
MEMORANDUM
Bill Fritz, Senior Planner
Andr6 S. Williams, Senior Engineer
10 October 1996
Buck Mountain Church - Site Plan Waiver Request (SDP-96-090)
The Site Plan Waiver received on 24 September 1996 has been reviewed. All prewous comments
have been addressed. Therefore, Albemarle County Engineering hereby supports f'mal approval
of the fore-mentioned Site Plan.
In response to the letter received on 2 October, Engineering has investigated the Church's
concerns pertaining to widening of the entrance to the parking area and relocating the rock wall.
As alternatives to the improvemems shown on the 24 September 1996 site plan, we offer the
following options:
Do no site improvements. The existing entrance is below minimum VDOT commercial
standards and its upgrade is triggered by the Church's request for onsite improvements.
Provided that adequate sight distance is available, construct a new commercia5 entrance
to the south of existing entrance. The entrance would be built south of the rock wail with
a 20' travelway leading to the parking area. Following completion of the new entrance,
the existing entrance would have to be closed and the pavemem removed. (See sketch.)
Please note that pursuit of option #2 will reqmre plan revision. If you have any questions
concerning this subject, please contact Jack Kelsey or me at 296-5861.
ASW/ctj
Copy: Jim Kesterson, VDOT
..'9¸
il
October 24, 1996
COUNTY OF ALBEMARLE
Dept. of Planning & Commun|w Development
401 Mclntire Road
Charlottesville. Virginia 22902-4596
(804) 296-5823
Wayne A. Franks
HBE Financial Facilities
11330 Olive Street Road
St. Louis, MO 63141
SP-96-38 UVA Employees Credit Union
Tax Mal~ 45, Parcel 109E
Dear Mr. Franks:
The Albemarle Coumy Planning Commission, at its meeting on October 22, 1996, unanimously
recommended approval of the above-noted petition to the Board of Supervisors. Please note that this
approval is subject to the following condition:
Development shall be in general accord with the site plan titled "A New Building for
University of Virginia Employees Credit Union" and initialed "WDF 9/30/96".
The Planning Commission also granted a waiver of Section 4.12.6.2 to allow one-way circulation
which is associated with the drive thru lanes.
Please be 'advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment ar their meeting on NOVEMBER 13, 1996. Any new or additional
information regarding your application must be submitted to the Clerk of the Board of Supervisors
at least seven days prior ro your schedule hearing date.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
DV~~~~omlnmfitv D eve lopment
VWC/jcf
cc: Ella Carey Amelia McCulley Jo Higgins 4
COUNTY OF ALBEMARI,E
EXECUTIVE SUMMARY
~TLE:
SP 96-38 UVA Employees Credit Union
SUBJECT/PROPOSAL/REOUEST:.
Petition to allow drive thru windows in connection
with a financial institution on approximately 4 acres
zoned HC, Highway Commercial, [24.2.2(13)]. IA
site plan is pending on this site.] The property,
described as Tax Map 45, Parcel 109E, is located in
the northeastern comer of the intersection of
Berkmar Drive and Woodbrook Drive in the Rio
Magisterial District. This site is recommended for
Regional Service in Neighborhood One.
.TAFFC NTA TS:
Mr. Fritz
AGENDA DATE: ITEM NUMBER:
Planning Commission - October 22, 1996
Board of Supervisors - November 13, 1996
ACTION: Yes INFORMATION:
CONSENT AGENDA: No
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND: A special use permit for this site was approved by the Board of Supervisors on July 20, 1994.
That special use permit has since expired. The previous special use permit, SP 94-15, authorized 5 drive thru lanes
to serve the proposed UVA Credit Union. Staff has attached the previous special use permit report and Board
action letter.
DISCUSSION: The current request differs from the previously approved request in the following ways:
1. Previous request was for 5 drive thru lanes. The current request is for 6 drive thru lanes;
2. Berkmar Drive has been conswacted since the review of the previous request;
3. At the time of the previous review this site was subject to proffers which limited the traffic generation from
the site. These proffers have since been amended with the approval of ZMA 95-07, a copy of the action
letter is attached. [Staff notes that the current request would comply with the previous traffic generation
proffers.];
4. The by-pass alignment is no longer an issue due to changes in the alignment;
5. A site plan has been submitted to support this special use permit request
The site plan has been reviewed by the site review committee and has been revised to address the comments of the
site review committee. During the review of the site plan staff identified the need for modification of Section
4.12.6.2 to allow one-way circulation associated with the drive thru lanes.
RECOMMENDATION:
Staff has reviewed the proposed circulation associated with the drive thru lanes and is of the opinion that the
proposed layout is superior to that previously approved. Staff is unable to identify any negarive impacts associated
with approval of this request and therefore recommends approval subject to the following condition:
Development shall be in general accord with the site plan rifled "A New Building for University of Virginia
Employees Credit Union" and initialed "WDF 9130/96".
In addition statTrecommends Planning Commission modification of Section 4.12.6.2 to allow one-way circulation
which is associated with the drive thru lanes.
CURRENT PROPOSAL
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ALBEMARLE COUNTY
....... ~, CHARLOTTESVILLE, RIVANNA ~ SECTION 45 --
';~'-'' ....... ;' JAOK JOUETT DISTRICTS
COUNTY OF ALBEMARLE
Dept. o( [Planning & Community Deve}opmenl
401 Mcln/ire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
December 19, 1995
Jim Hill
Virginia Land Corporation
P. O. Box 8147
Charlottesville, VA 22901
RE: ZMA-95-07 Rio Associates Limited Partnership
Tax Map 45, Parcel 109
Dear Mr. Hill:
The Albemarle County Board of Sapervisors, at its meeting on December 13, 1995, approved the
above-noted request to amend ZMA-88-06 in order to modify proffers limiting vehicle trip
generation. Please note that this approval is subject to acceptance of proffers as set out on
Attachment D (copy attached).
If you should have any questions or comments regarding the abovemoted action, please do not
hesitate to contact me.
Sincerely,
Director of Plannin~ff~fity Developmem
VWC/jcf
cc: Amelia McCulley
Jo lliggins
IATTACHMENT D I
Original Proffer
Amended Proffer
(Amendment #
PROFFER FORM
9.5-07 Tax Map Parcel(s)#, 45 parcel tog & lOgc
Acres to be rezoned from
Pumuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or
its duly authorized agent, hereby voluntarily proffers Ihe condiltons listed below which shall
be applied to Iha property, Il= rezened. These conditions ara proffered as a_ part of the
requested razoning and it ia agreed lhat: (1) the rezoning ilself, l~lves rise to Ihe need for
Ihe conditions; and (2} such condilions have a reasonable rela. t!Orl to Ihe rezoning
requested.
(1)
Request to change previous proffer:
a) Traffic generated by this site accessing Woedbrook drive
shall not result in a level of service of less than C.
b) Traffic generated by this site accessing route 29 shall
eot result in a reduction in the level of service.
Signatures ,~f All O~na'rs
0CI ! 1995
Planning. Dept.
Rio Associates
Printed Names of All Ownsm
Dais
OR
algnature at' Attomey-ln-Fagl
{Attach Proper Power n! Altomey)
Pdeted Hame of Altomey-in-Fact
STAFF PERSON:
PLAN}~NG COMMISSION:
BOARD OF SUPERVISORS:
WILLIAMD. FRITZ
JUNE21,1994
JULY20,1994
SP 94-15 UVA CREDIT UNION
Petition: The UVA Credit Union petitions the Board of Supervisors to issue a special use permit
for 5 drive through windows on 4.1 zoned HC, Highway Commercial and EC, Entrance Corridor
[24.2.2(13)]. Property, described as Tax Map 45, Parcel 109 (part), is located in the northeastern
comer of the intersection of Berkmar Drive and Woodbrook Drive in the Charlottesville
Magisterial District. This site is recommended for Regional Service in Neighborhood I.
.C.haracter of the Area: This property is currently vacant. Berkmar Drive will form the western
border of this site. Lewes Building Supply is located directly to the east and the Rio Hills
Shopping Center is located directly to the south.
Applicant's proposal: The applicant proposes to construct a credit union which will include 5
drive through windows.
SUMMARY AND RECOMMENDATIONS: Staff has reviewed this request for compliance
with the provisions of Section 31.2.4.1. and recommends approval subject to conditions.
l~lannine and Zonine History:
December 19, 1985 - The Board of Supervisors approved ZMA 85-17 which rezoned the site to
HC [Proffered].
May 4, 1988 - The Board of Supervisors approved ZMA 88-06 which established the trip
generation figure on various parcels as 4,334 vehicle trips per day.
June 6, 1988 - Plat approved creating the Lewes site. This reduced the acreage covered by
ZMA- 88-06 to 18.447 acres with 3,286 vehicle trips per day remaining.
October 28, 1988 ~ Plat approved creating a 2.812 acre parcel leaving a 15.634 acre residue with
2,982 vehicle trips per day (It is a portion of the 15.634 acre residue which is currently under
review.)
Comprehensive Plan: This site is recommended for Regional Service in Neighborhood One
o~he Comprehensive Plan. This designation provides for the widest variety and intensity ofnses.
,SUMMARY AND RECOMMENDATION:
Due to concerns regarding access and circulation patterns combined with high traffic volumes,
uses involving a drive-through facility are permitted by special use permit only.
The ITE Trip Generation Handbook estimates that this type of use could generate 2,225 vehicle
trips per day. The proffered trip generation remaining available to this site is 2,982. The latest
approved traffic study for Berkmar Drive used the proffered traffic figures in the analysis oftraffc
impact. (This study was prepared for the rezoning ofthe Sams site.) Based on this information
staff opinion is that no adverse impact to Berkmar Drive is expected.
Staff reviews all special use permit requests for compliance with Section 31.2.4.1
address each provision of Section 31.2.4.1 of the Zoning Ordinance.
O
Staffwill
The Board of Supervisors hereby reserves unto itself the right to issue all special use
permits permitted hereunder. Special use permits for uses as provided in this ordinance
may be issued upon a finding by the Board of Supervisors that such use will not be of
substantial detriment to adjacent property
The adjacent properties to the north, south and east are zoned for commercial use and are
recommended for Regional Service in the Comprehensive Plan. The property on the west
side of Berkmar Drive is recommended for High Density Residential and is zoned R-6.
This use is within the traffic proffers for the site and the character of the use, credit union,
is a by-right use. Therefore, this use should not result in a substantial detriment to
adjacent propen'y.
chat the character of the district will not b~ changed thereby,
The nature of the use is consistent with the commercial zoning and use in the area.
agd that such use will be in hermony with the purpose and intent of this ordinance,
Staff has reviewed the purpose and iment of the Ordinance as state in Sections 1.4, 1.5
and 1.6, No conflict with these sections has been found.
with the uses permitted by right in the district,
This type of use is consistent with other permitted commercial uses in the district.
with additional regulations provided in Section 5.0 of this ordinance,
Section 5.0 contains no additional regulations.
o Ired with the public health, safety and general welfare.
The review of the site plan will insure that the public health, safety and welfare is met as to
physical development. Staff is recommending as a condition of approval that a bypass lane
connecting the drive-through to the parking area be provided. The applicant has stated
agreement with this condition. Staff opinion is that this condition is needed to address the
need to allow individuals who enter the drive-through lanes in error to exit the area
without travelling through the teller aree~ This connection would also permit those who
enter the drive through area to go to the parking area to complete their transaction
without travelling through the teller area and onto the public road before returning to the
site.
Staffhas also identified the following issue~ The site lies in tho path of tho western by-pass
(Alternative ! 0) as originally proposed; (The most recent alignment proposal for the by-pass
would stay west of Berkmar Drive and not directly affect this site.) The County has agreed with
Virginia Department of Transportation (VDOT) that it will attempt to protect this alignment from
development. One re, zoning (ZMA 89-09 Rio Hill West) in the alignment of the bypass proposal
to increase density from R-6 to R-15 was denied by the Board of Supervisors. Two other
requests (SP 93-25 Fastrax and ZMA- 93-14/SP- 93~37 U-VA Credit Union) were also in the
alignment. Both of these requests were denied. The alignment of the bypass was not a major
issue in the review of SP- 93-25 Fastrax as the property had been zoned for commercial use and it
was only the application for commercial recreation that was under consideration. The other
request by the UVA Credit Union was denied due it part to the bypass alignment and the
Comprehensive Plan recommendations for the area. Staff notes that in this case commercial
development of equal or greater intensity is available by-right on this site. Due to the particular
nature of this proposal it requires a special use permit. Because of this circumstance, commercial
development of this property cannot be prevented and staff does not recommend this special use
permit decision be based on the by-pass alignment..
Summary:
Staffhas identified the following factors which are favorable to this request:
I. Uso is consistent with the previous proffers on the site.
2. Use is not in conflict with the provisions of Section 31.2.4.1.
Staffhas not identified any factors unfavorable to this request.
Based on the above analysis staffis able to recommend approval of this request subject to the
following conditions:
Recommended Conditions of Approval:
1. Provision of a bypass lane connecting the drive-through lanes to the parldng areas;
2. Development shall be in general accord with the sketch included as Attaclunent C and
initialed WDF 6/9/94 except as modified by condition one.
ATTAC ,HMENTS~
A - Location Map
B - Tax Map
C - Sketch Plan
c
0
SP 94-15
U.Va. Credi5 Union
J/
ALBEMARLE COUNTY
Va.
...... ,,~,~ CHARLOTTESVILLE, RIVANNA 8~ SECTION 45 . ~,;:-
':--° ....... ,JACK JOUETT DISTRICTS
COUNTY OF ALBEMARLE
D~pt. of Planninc3 & Community Developmenl
401 Mclntire Road
Charlottesville, Vir~tinia 22902-4596
{804) 296-58:/3
August 1, 1994
University of Virginia Employees Credit Union
1936 Arlington Blvd
Charlottesville, VA 22905
RE: SP-94-15 UVA Credit Union
Tax Map 45, Parcel t09 (part of)
Doar Sir:
The Albemarle County Board of Supervisors, at its meeting on July 20,1994, approved the above-
noted request for a 5-window drive through on 4.1 acres zoned Highway Commercial (proffered)
and Entrance Corridor Overlay District. Please note that this approval is subject to the following
conditions:
1. Provision of a bypass lane connecting the drive-through lanes to the parking areas;
Development shall be in general accord with the sketch included as Attachment C and
initialed WDF 6/9/94 except as modified by condition one.
If you should have any questions or comments regarding the above-noted action, please do not
hesitate to contact me.
Sincerely,
VWCtj~w
cc: Amelia McCulley Jo Higgins Rio Associates Ltd Ptm