2009-07-01
B OARD OF SUPERVISORS
T E N T A T I V E
JULY 1, 2009
9:00 A.M., LAN E AU DITORIU M
C OUNTY OFFICE BUILDIN G
1. Call to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. Recognitions:
a. Innovation Alliance Award.
b. 25th Anniversary of the C reation of the Police Department.
5. From the Board: Matters Not Lis ted on the Agenda.
6. From the Public: Matters Not Listed for Public Hearing on the Agenda.
7. Consent Agenda (on next sheet).
9:30 a.m. – Presentations/Information Items:
8. School Board Chairman, BoardtoBoard.
9. Quarterly Updates :
a. Albemarle County Serv ice Authority, Gary Fern.
b. Rivanna Water and Sewer Authority , Tom Frederick .
10:30 a.m. Public hearings:
10. FY 2010 Budget Amendment.
11. ____ 0907( ) – Health and Safety. Amend Sec. 7201, Designation of agent, of Article II, Naming of Roads
and Numbering of Properties, of Chapter 7, Health and Safety, of the Albemarle C ounty Code, to revise a
reference to the C ounty officer designated as the agent under Article II.
12. ____ 0907( ) – Health and Safety. Amend Secs. 7100, Purpose and intent, 7101, Adminis tration and
enforcement, 7102, Applicability, 7103, Definitions, 7104, Prohibited nois e, 7105, Prohibited acts
enumerated, 7106, Exempt sounds, 7107, Complaints of noise, and 7108, Violation and penalty, of Article
I, N oise, of Chapter 7, Health and Safety, of the Albemarle County C ode. This ordinance would amend
Sec. 7100 to es tablish a new statement of purpose and intent for regulating ex cessive or unwanted sound;
Sec. 7101 to revise references to county departments and officers authorized to enforce Article I; Sec. 7
102 to revise a crossreferenc e to chapter 18; Sec. 7103 to amend, delete and add definitions applicable to
Article I; Sec. 7104 to establish new sound levels produced by acts or devic es not address ed in Sec. 7
105 that are a violation of Artic le I; Sec. 7105 to establish new sound levels generated by specific acts s o
as to be a violation of Article I; Sec. 7106 to c larify that although animal sounds are exempt under this
Article, they are subject to the noise regulations in Chapter 4 of the County C ode; Sec. 7107 to clarify a
reference to an officer; and 7108 to delete an obsolete reference. The current regulations es tablish
v iolations of Article I if the sound is at a level that annoys or disturbs the quiet, comfort or repose of a
person (or terms to similar effec t); the propos ed regulations w ould establish a violation of Article I if the
s ound is audible by a person from specified distances, at spec ified locations , for specified durations and/or
depending on the time of day.
13. ZTA 2009005. Enforcement and Administration. Amend Sec s. 3.1, Definitions, and 34.3, Appeal to the
board of zoning appeals; amend and rename Secs. 31.1, Enforcement, zoning administrator, and 36.1,
Violations; amend, renumber and rename Sec s. 31.2.2, Building permits, 31.2.3.1, Certificate of occupanc y,
31.2.3.2, Zoning c ompliance clearance, 31.2.4, Special use permits, 31.2.4.1, R eserved to board of
s upervisors, 31.2.4.2, Application, 31.2.4.2.1, Limitation of filing new application after original denial,
31.2.4.2.2, W ithdrawal of application, 31.2.4.3, Conditions, 31.2.4.4, Revocation, 31.2.5, Review of public
uses for compliance with the comprehensive plan, 37.1, Criminal penalty, 37.2, C ivil penalty , and 37.3,
Injunctive relief and other remedies; repeal Secs . 31.1.1, Enforcement of board of zoning appeals decisions,
31.1.2, Enforcement of minimum requirements, 31.1.3, Interpretation by zoning administrator, 31.2, Permits
(heading only), and 31.2.3, Certificates of occ upancy; zoning compliance c learance (heading only); and
repeal but move substance into new sections Secs. 31.2.1, Permits required; conformance, 31.2.3.3,
Authority not to issue certific ate of occupancy or zoning compliance clearance, 36.2, Notic e of violation,
36.3, R emedies not exclusive, 36.4, C omplaints regarding v iolations; of Chapter 18, Zoning, of the
Albemarle County Code. This ordinance would amend Sec. 3.1 to define sev eral terms commonly used in
the Zoning Ordinance; would amend and reorganize Sec. 31.1 and its enumerated subsections by restating
the authority of the zoning administrator; would amend and reorganize Sec. 31.2 and its enumerated
s ubsections by c larifying the procedures and standards for the review and approval of building permit
applications (new Sec. 31.2), zoning permits (formerly referred to as nonBuilding Code “building permits”)
(new Sec. 31.3), certificates of oc cupancy (new Sec. 31.4), and zoning clearances (formerly referred to as
“zoning complianc e clearances ”) (new Sec. 31.5), by renumbering those subsections pertaining to special
use permits and amending cros sreferences (new Sec. 31.6), and by amending the regulations pertaining to
review under Virginia C ode § 15.22232 (new Sec. 31.7); would amend Sec. 34.3 by restating the
requirements for appealing a decision to the board of zoning appeals and by adding that an appeal of a
decision pertaining to temporary or seasonal commercial us es must be filed w ithin 10 days of the decision if
the notice of violation states that the 10day appeal period applies, rather than the generally applicable 30
day appeal period and by adding that an appeal shall not be processed until the required fee is paid; would
amend Sec. 36.1, w hich delineates acts that are violations of C hapter 18; would amend and reorganize
Secs. 36.2, 36.3 and 36.4, pertaining to notices of violation, remedies and complaints regarding violations
into a new Sec . 36.2 which es tablishes the powers and procedures for enforcing C hapter 18; would amend,
reorganize and renumber Sec . 37.1, and amend that section to authorize criminal penalties to be sought
w hen civil penalties have reached $5000 and to authorize separate criminal penalties for violations of
regulations pertaining to the number of unrelated persons in a singlefamily dw elling unit (new Sec. 36.4);
w ould amend, reorganize and renumber Sec. 37.2, and amend that section to authorize civil penalties
proceedings to be initiated by a ticket in limited circumstanc es, and to authorize criminal penalties to be
s ought when civil penalties hav e reached $5000 (new Sec. 36.3); and would amend and renumber Sec. 37.3
pertaining to injunctive relief (new Sec. 36.5).
14. ZTA 2009006. Accessory structures in required yards. Amend Secs. 4.11.2, Structures in required
y ards, 4.11.2.1, Accessory structures, 4.11.2.2, Public telephone booths, and 4.11.2.3, Fenc es, mailboxes,
and similar struc tures, and add Sec. 4.11.4, Structures within easements, of Chapter 18, Zoning, of the
Albemarle County Code. This ordinance would amend Secs . 4.11.2, 4.11.2.1, 4.11.2.2 and 4.11.2.3 by
reorganizing them into a single s ection, prohibiting accessory structures within required front yards with
exceptions, revis ing the types of structures allowed w ithin required yards c urrently delineated in Secs.
4.11.2.2 and 4.11.2.3 by deleting signs, which are subject to other yard requirements and adding automated
teller machines, and by requiring that accessory structures be physically separated from the primary
s tructure up to 6 feet or it be s ubject to primary structure yard requirements. This ordinanc e w ould also add
Sec. 4.11.4 to prohibit structures within an eas ement in a way that adversely affects the easement
purpose.
15. ZTA 2009007. Temporary construction headquarters and yards. Amend Secs. 3.1, Definitions, 5.1.18,
Temporary construction headquarters, yards , 5.1.18.1, Temporary construction headquarters , and 5.1.18.2,
Temporary construction yards , of C hapter 18, Zoning, of the Albemarle County C ode. This ordinance would
amend Secs. 3.1, by adding definitions of temporary construc tion headquarters and temporary construction
y ards, and 5.1.18, 5.1.18.1 and 5.1.18.2, by reorganizing the sec tions into a single section and amending
the regulations pertaining to the duration (by requiring that the use terminate w ithin 30 days after
c onstruction of the last building is completed or active cons truction is discontinued, and eliminating the
requirement that c onstruction yards exist for not more than 18 months), loc ation (by clarify ing the
requirement that the use be located on the s ame site, rather than the same lot, as the construc tion and that
c onstruction yards be set back from existing public streets and dwellings) and maintenanc e of temporary
c onstruction headquarters and yards, by amending the regulations pertaining to the screening of temporary
c onstruction yards, and by authorizing the zoning administrator to approve s uch uses with a zoning
c learance rather than a temporary permit.
11:15 a.m. A ction Item:
16. Downtown C roz et Stormwater Management.
11:40 a.m. W ork Sessions:
17. ZTA200802. Planned Developments and N eighborhood Model District.
18. Closed Meeting.
19. Certify Closed Meeting.
20. Boards and Commissions:
a. Vacancies /Appointments.
2:00 p.m. – Transportation Matters
21. a. VDOT Monthly Report.
b. Transportation Matters not Listed on the Agenda.
c . Route 29 C orridor Program.
d. Hatton Ferry.
22. From the Board: Matters Not Lis ted on the Agenda.
3:15 p.m. R ecess and Reconvene in Room 241
3:30 p.m. – Joint Meeting with School B oard
23. a. Call to Order.
b. Policy, re: School Funding Allocations.
24. Adjourn.
C O N S E N T A G E N D A
FOR APPR OVAL:
7.1 Approval of Minutes: May 7, 2008; March 3, March 11, March 30, April 1, April 8, April 17, and May 13,
2009.
7.2 FY 2009 Appropriations.
7.3 Destruction of FY 2004 Paid Personal Property Tax Receipts .
7.4 Five Oaks Court Road Name Change.
7.5 Resolution to accept road(s) in H igh View Estates Subdivision into the State Secondary Sy stem of
H ighw ays.
FOR IN FORMATION:
7.6 Quarterly Resourc e Management Review U pdate.
7.7 Safer Chemical Management Procedure Update.
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