2001-05-09May 9, 2001 (Regular Night Meeting)
(Page 1)
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on May 9,
2001, at 7:00 p.m., Room 241, County Office Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman, Mr. Lindsay G. Dorrier, Jr., Ms. Charlotte Y. Humphris,
Mr. Charles S. Martin, Mr. Walter F. Perkins and Ms. Sally H. Thomas.
ABSENT: None.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County Attorney, Larry W. Davis,
County Planner, V. Wayne Cilimberg, and Clerk, Ella W. Carey.
Agenda Item No. 1. The meeting was called to order at 7:01 p.m., by the Chairman, Ms. Thomas.
_______________
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
_______________
Agenda Item No. 4. Other Matters Not Listed on the Agenda from the Public.
There were none.
_______________
Agenda Item No. 5. Consent Agenda. Motion was offered by Ms. Humphris, seconded by Mr.
Bowerman, to approve items 5.1 through 5.4 on the consent agenda, and to accept Item 5.5 as information.
Roll was called, and the motion carried by the following recorded votes:
AYES:Ms. Humphris, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Mr. Dorrier.
NAYS:None.
_______________
Item 5.1. Appropriation: Registrar, $27,110 (Form #20065).
The executive summary states that the Democratic Party of Virginia has announced its decision to
select candidates for the Office of Lieutenant Governor and Attorney General by method of a primary
election. The established date for this election is Tuesday, June 12, 2001. The costs associated with the
primary are to be paid by the locality in accordance with §24.2-518, Code of Virginia. Staff recommends
the Board of Supervisors approve the appropriation, totaling $27,110.00, as detailed on Appropriation
#20065.
By the above shown vote, the Board adopted the following Resolution of Appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 2000-01
NUMBER: 20065
FUND: GENERAL
PURPOSE OF APPROPRIATION: FUNDING FOR DEMOCRATIC PARTY PRIMARY
ELECTION
EXPENDITURE CODEDESCRIPTIONAMOUNT
1 1000 13020 120000 OVERTIME WAGES$ 1,300.00
1 1000 13020 129100 O/T WAGES/CUSTODIAL 120.00
1 1000 13020 210000 FICA 110.00
1 1000 13020 312510 ELECTION OFFICIALS 15,565.00
1 1000 13020 350000 PRINTING & BINDING 450.00
1 1000 13020 360000 ADVERTISING 325.00
1 1000 13020 390000 OTHER PURCHASED SERVICES7,135.00
1 1000 13020 520100 POSTAL SERVICES 250.00
1 1000 13020 520300 TELECOMMUNICATIONS 1,100.00
1 1000 13020 540200 LEASE/RENT BUILDINGS 260.00
1 1000 13020 550100 MILEAGE 195.00
1 1000 13020 600100 OFFICE SUPPLIES 150.00
1 1000 13020 601700 COPY SUPPLIES 150.00
TOTAL$27,110.00
REVENUE CODEDESCRIPTIONAMOUNT
1 1000 51000 510100 GENERAL FUND BALANCE$27,110.00
TOTAL$27,110.00
__________
Item 5.2. Appropriation: Drug Seized Assets, $1,600.00 (Form #20066).
The executive summary states that periodically, the County receives revenues for assets seized in
federal and state drug enforcement actions. The proceeds are utilized for additional law enforcement
May 9, 2001 (Regular Night Meeting)
(Page 2)
activities. The Commonwealth's Attorney has received additional funding from the Commonwealth of
Virginia to supplement current fund balance to purchase a laptop computer and scanner. This
appropriation requests approval of the receipt of state monies and the related expenditure for computer
equipment. There are no additional local monies required. Staff recommends approval of Appropriation
#20066 in the amount of $1,600.00.
By the above shown vote, the Board adopted the following Resolution of Appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 2000-01
NUMBER: 20066
FUND: GENERAL
PURPOSE OF APPROPRIATION: STATE FUNDING FOR LAPTOP P.C.
EXPENDITURE CODEDESCRIPTIONAMOUNT
1 1234 22010 800700 ADP EQUIPMENT $ 1,600.00
TOTAL$1,600.00
REVENUE CODEDESCRIPTIONAMOUNT
1 1234 24000 240000 STATE CATEGORICAL AID$1,600.00
TOTAL$1,600.00
__________
Item 5.3. Adopt Resolution Approving the Issuance of Industrial Development Authority Bonds in an
Amount not to Exceed $120,000,000 for Westminster-Canterbury of the Blue Ridge.
By the recorded vote set about above, the following resolution was adopted:
RESOLUTION
OF THE BOARD OF SUPERVISORS OF THE COUNTYOF ALBEMARLE, VIRGINIA
WHEREAS, the Industrial Development Authority of Albemarle County, Virginia ("Authority"), has
considered the application of Westminster-Canterbury of the Blue Ridge ("Borrower") requesting the issuance
of the Authority's revenue bonds in an amount not to exceed $120,000,000 ("Bonds") to assist the Borrower with
the following projects: Approximately $32,500,000 of the bond proceeds are expected to be used to refinance
certain of the Borrower's existing indebtedness, including the outstanding balances of (a) a $2,500,000 interim
loan, the proceeds of which were used to finance preliminary costs relating to the new construction and
expansion projects described below, (b) the Authority's $18,950,000 Residential Care Facility First Mortgage
Revenue Bonds, Series 1995, issued to (i) refinance the outstanding balance of the Authority's $25,055,000
Residential Care Facility First Mortgage Revenue Bonds, Series 1989, the proceeds of which were used to
finance the original construction of the Borrower's continuing care retirement community, (ii) refinance the
outstanding balance of the $1,300,000 Residential Care Facility Revenue Bond issued by the Industrial
Development Authority of the County of Orange, Virginia in 1993, the proceeds of which were used to finance
preliminary costs relating to the construction of cottage units and improvements to the Borrower's Health
Center, and (iii) finance certain improvements to the Borrower's Health Center, and (c) the Authority's
$13,460,000 Residential Care Facility Mortgage Revenue Bonds (Westminster-Canterbury of the Blue Ridge),
Series 1999, issued primarily to finance the construction and equipping of an approximately 50,000 square foot
catered living building and site work and other preliminary costs related to future expansion projects.
Approximately $87,500,000 of the bond proceeds are expected to be applied to finance (a) a four-story, 122
unit apartment building of approximately 260,000 square feet, (b) a community center of approximately 32,000
square feet, (c) a 24 bed dementia building of approximately 37,000 square feet, (d) renovations to the
Borrower's existing facilities, including renovations to the library, dining and resident service areas, (e) an
approximately 72,000 square foot parking deck, (f) a debt service reserve fund for the bonds, and (g) costs of
issuance, capitalized interest and other expenses related to the bonds; all of the foregoing located or to be
located at the Borrower's continuing care retirement community at 250 Pantops Mountain Drive in Albemarle
County, Virginia, and the Authority has held a public hearing on April 26, 2001.
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides
that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which
any facility financed with the proceeds of private activity bonds is located must approve the issuance of the
bonds;
WHEREAS, the Authority issues its bonds on behalf of the County of Albemarle, Virginia ("County");
the Project is located in the County and the Board of Supervisors of the County of Albemarle, Virginia ("Board")
constitutes the highest elected governmental unit of the County;
WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the
terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with
the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
ALBEMARLE, VIRGINIA:
May 9, 2001 (Regular Night Meeting)
(Page 3)
1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Borrower,
as required by Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended
("Virginia Code") to permit the Authority to assist in the financing of the Project.
2. The approval of the issuance of the Bonds does not constitute an endorsement to a
prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower.
3.This resolution shall take effect immediately upon its adoption.
____________
Item 5.4. Proclamation recognizing May, 2001 as Mental Health Month.
By the recorded vote set about above, Ms. Thomas read the following proclamation and
presented same to Kate Gaston :
NATIONAL MENTAL HEALTH MONTH
WHEREAS,
the U. S. Surgeon General states that mental health is fundamental to health and
indispensable to personal well-being, family and interpersonal relationships, and
contributes to community and society; and
WHEREAS,
the U. S. Surgeon General confirms that mental illness affects one in five Americans
every year, regardless of age, gender, race, ethnicity, religion or economic status;
and
WHEREAS,
the U. S. Surgeon General has found that a range of treatments exists for most mental
disorders and the efficacy of mental health treatments are well documented; and
WHEREAS,
the County of Albemarle continues to make a commitment to community-based
systems of mental health care for all residents; and
WHEREAS,
the guiding principles of community mental health care have always been
comprehensiveness, cost-efficiency, effective management and high-quality and
consumer-responsive services, and these principles are now being adopted by
private and public healthcare payors; and
WHEREAS,
the Mental Health Association of Charlottesville/Albemarle and the mental health
coalition partners observe Mental Health Month every May to raise awareness and
understanding of mental health and illness;
NOW, THEREFORE,
I, Sally H. Thomas, Chairman, on behalf of the Albemarle County Board of
Supervisors, do hereby proclaim
MAY, 2001 as
MENTAL HEALTH MONTH
in County of Albemarle, and urge all citizens, government agencies, public
and private institutions, businesses and schools to recommit our community
to increasing awareness and understanding of mental illness and the need
for appropriate and accessible services for all people with mental illnesses.
(Ms. Kate Gaston said she has been Executive Director of the Mental Health Association for the
past seven months. It has been an interesting voyage. She is learning the needs of this area. Perhaps the
most compelling is that the Surgeon General has focused the next year on mental health issues in our
country. Ms. Gaston handed out a packet to the Board which included a “mental health matters to me”
button. Some of the things they are doing include: hosting a mental health forum for teens that is being
planned by the Senior Service Programs at Monticello High School; the Invisible Child Project which
focuses on what happens to the family when a parent in the home has a mental illness and an information
referral project.
Mr. Dorrier said that he noticed that the Association is focusing on suicide. He asked if it is an
increasing problem in the County. Ms. Gaston stated that she recently attended a conference in Atlanta on
depression as being the next epidemic in this Country. She believes that society is being much more honest
about when someone commits suicide. She does feel that children are injuring themselves to a greater
extent. People who are in dire financial situations show a rise in suicides. Ms. Gaston said she is not sure
about the statistics in Albemarle. She thanked the Board for its time and the proclamation.
____________
Item 5.5. Draft copy of Planning Commission minutes for April 10, 2001, was received for
information.
Agenda Item No. 6. PUBLIC HEARING on a request to amend the jurisdictional areas of the
Albemarle County Service Authority for water service to TM62, Pcl 24A (Roy L. Williams). Loc on W side of
May 9, 2001 (Regular Night Meeting)
(Page 4)
Rt 20 & E side of Dorrier Dr, just N of Darden Towe Park. The property is located w/in Urban Area Three
(Pantops). Rivanna Dist.(Notice of this public hearing was published in the Daily Progress on April 23 and
April 30, 2001.)
Mr. Cilimberg said the applicant is requesting jurisdictional area designation for water service to a
parcel on the west side of Route 20 and the east side of Dorrier Lane just north of Darden Towe Park. This
property is located in the urban area. The applicant is requesting water service due to the contami-nation of
the existing well on-site. Since the Board’s last meeting staff was able to confirm that there was an
rd
inspection on May 3 of the water. According to Mark Spicer of the County Fire and Rescue, there was no
sign of any odor or evidence of spill or leakage. This information was passed on to DEQ. DEQ took water
samples but the results have not been reported to the County.
Mr. Cilimberg said the request is consistent with the public utility policy of the Comprehensive Plan.
Since the property is located within the designated development area, the provision of both water and
sewer service to the property would be consistent with the Comprehensive Plan’s public utility policy. Staff
recommends amending the jurisdictional area to provide water and sewer service to Tax Map 62, Parcel
24A.
Ms. Humphris asked who first determined that the well was contaminated. Mr. Cilimberg
responded the applicant, but it was not a factor in staff’s review because of its' location in the urban area.
Mr. Tucker asked if DEQ would notify the County of the results. Mr. Cilimberg said that staff has asked that
the County be notified. Mr. Bowerman asked if there are any contaminants like those in Key West. Mr.
Cilimberg stated that staff does not know.
With no further questions for staff, the public hearing was opened. Ms. Thomas asked the
applicant to address the Board.
Mr. John Dorrier said he is speaking on behalf of Mr. and Mrs. Roy Williams, the applicants. He
stated that about five months ago the odor in their water was too bad for the applicants to drink. Since that
time the applicants have been using his well for drinking water. It appears to be similar to what occurred at
Key West. The applicants wish to connect to the County water line. Everything is in limbo at the moment
as far as the well testing is concerned.
Mr. Martin asked if Mr. Dorrier has a well. Mr. Dorrier responded "yes", but he does not have the
same problem that the applicant has. His well, however, is considerably deeper. Mr. Lindsay Dorrier asked
if the well is located near a drain field. Mr. John Dorrier answered "no".
There being no further questions for the applicant, the public hearing was opened. With no one
from the public rising to speak, the public hearing was closed.
Mr. Martin moved approval of the amendment of the Albemarle County Service Authority
jurisdictional area to include Tax Map 62, parcel 24A for water and sewer service. The motion was
seconded by Mr. Bowerman.
Roll was called, and the motion carried by the following recorded votes:
AYES:Ms. Humphris, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Mr. Dorrier.
NAYS:None.
Agenda Item No. 7. ZTA-2001-001. Sign Ordinance. Public hearing on an Ordinance to amend
Chapter 18, Zoning, of The Albemarle County Code, § 4.15 Signs (by repealing existing § 4.15 & adding
new § 4.15); § 5.2.2 Home Occupation Signage; § 21.7.1 Sign Setback; §§ 30.6.2, 30.6.3.2 & 30.6.5 Sign
Regulations in Entrance Corridor Overlay. Ordinance pertains to regulation of signs in all districts (Section
4.15), related regulations pertaining to signs in commercial districts (§ 21.7.1) & the EC overlay district (§§
30.6.2, 30.6.3.2 & 30.6.5), & related regulations pertaining to Home Occupations, Class B (§ 5.2.2). (Notice
of this public hearing was published in the Daily Progress on April 23 and 30, 2001.)
Ms. Amelia McCulley, Zoning Administrator, summarized the staff report. She noted that the
matter was heard by the Planning Commission on April 10, 2001. The Commission recommended
th
approval as staff proposed. The April 27 draft before the Board incorporates the revisions suggested by
staff such as the illustrations being placed in the text and language that references the illustrations being
included. There are several purposes that staff believes are served by this zoning text amendment. The
amendment addresses recurring sign variances for wall sign height. It also provides corrections to several
problematic regulations which were difficult to interpret or impractical to apply. There will be revisions that
will make the regulations consistent with case law in terms of the County’s regulation of political signs. The
amendment also establishes standard regulations for temporary signs. This draft will also codify the policy
of the ARB to allow administrative review in certain cases. And finally, it provides housekeeping corrections
and clarifications and the inclusion of better graphics to better depict the terminology and procedures.
This draft would amend section 4.15 which is the sign regulations and several other regulations that
deal with home occupation signage, sign setback in commercial districts, and signage in the entrance
corridor overlay district. The current regulations were comprehensively amended in 1992. Staff feels the
1992 amendment made a lot of improvements. It reduced the number of signs. It decreased the size and
height of signs and it allowed free standing signs to be closer to the right-of-way. The amendment also
eliminated off-site signs by-right, thus requiring a special permit by the Board of Zoning Appeals. Another
May 9, 2001 (Regular Night Meeting)
(Page 5)
provision had to do with nonconforming signs. This provision allowed changes to nonconforming signs, if
the resulting sign is more conforming. Staff feels this has been successful.
Ms. McCulley stated that repeated variance requests in terms of wall sign height resulted from a
change in 1992 whereby wall sign height was reduced in commercial districts from 30 feet to 20 feet.
Again, with this draft sign ordinance many housekeeping items were accomplished. There is quite an
extensive history in terms of the review of the sign regulation that is before the Board. It has gone through
many iterations and many discussions. Staff has met with sign contractors, developers, the ARB and the
Planning Commission.
Ms. McCulley noted that there are several insufficiencies. She noted that wall sign height is one
insufficiency. Staff would recommend restoring the 30 foot allowance for commercial wall signs. There are
housekeeping amendments that are numerous that provide greater consistency and clarity. Political signs
would come in compliance with what case law has said which is that political expression signage is given
the same rights and restrictions as noncommercial expression and signage. The draft shows that no permit
is required for a political sign and it can be the same size as a commercial sign which is 24 or 32 square
feet for a freestanding sign depending on the zoning district. In terms of architectural review, signs in the
Entrance Corridor under certain conditions could be administratively approved. The conditions relate to
illumination and the provision of a master sign plan. With respect to nonconforming signs the change would
be to call for greater conformity when a nonconforming sign is changed. The current ordinance says that
when changes are made they must come into greater conformance in terms of height or size. Staff
believes the ordinance should read “height and size” and try to get greater conformance over time. In
addition, there is language that makes it clear that when the use that the sign advertises disappears and is
no longer allowed because it has lost its nonconformity or the sign face is no longer, then the sign structure
needs to be removed. Staff also believes that two changes will further protect the character of the rural
areas and residential districts. One would be to eliminate moving electric message signs which is allowed
in the current ordinance by special use permit. The second would be to reduce the size of temporary signs
to be consistent with the size of permanent signs in the residential districts and rural areas districts which is
24 square feet. There are several revisions which staff thinks will result in more common sense application
of the regulations.
Ms. McCulley noted that the issues she outlined on page 3 of the staff report have been resolved
and the Planning Commission followed staff’s recommendations. In summary Ms. McCulley said that there
are three things that need to be looked at in reviewing any zoning text amendment. The first is the
administrative and review process. What is the impact? Staff believes that there will be a very positive
impact in that the amendment will decrease time to obtain ARB approval because there is a provision for
administrative review of signs. It will also decrease some applicant’s time that is now spent on wall sign
variances. And, overall it should save time that staff is spending now in efforts to work with an ordinance
that is cumbersome and problematic at times. Second, there is no impact on housing affordability. Third,
with respect to implications to staffing and staffing costs, staff believes that time will be saved as well as
costs. She did recognize that decreasing the time available for temporary signs to 15 days, four times a
year, may result in the need to be more vigilant in terms of zoning enforcement. Overall staff believes that
this is a good ordinance. Many people worked very hard for a long time on this ordinance.
Ms. Humphris referred to the 4/27 draft, page 11 regarding “Authority” and asked why this provision
reads as it does. Ms. McCulley stated that this is not a change. Ms. Humphris stated that she knew this
was not a change, but wondered why the BZA has the authority to issue the special use permits. Ms.
McCulley responded that the thought was that off-site signs should only be available in case of hardship.
The typical kinds of hardship that would be reviewed such as a variance when you could not provide the
needed signage because of the topography or distance from the road or some other feature specific to the
property, very typical of a variance review. Therefore, staff thought it appropriate to send that type of issue
to the BZA.
Ms. Humphris noted that she did like the change of the temporary signs from 30 to 15 days. Mr.
Bowerman asked about the selling of Christmas trees which is seasonal but more than 15 days. Ms.
McCulley said the applicant could get two permits. Mr. Bowerman asked if the permits could be issued
concurrently. Ms. McCulley said back-to-back. It is not specifically addressed but it is not prohibited and
has been allowed in the past as long as the applicant does not exceed the four times per year. Ms.
Humphris stated that she believed there had been a discussion of the issue in the Planning Commission.
Ms. Thomas asked whether or not staff had met with the Farm Bureau and whether farm sales had
been dealt with. She noted that in theory the County is trying to encourage farm sales, agricultural products
to be sold, signs that tell one that the vines one sees are going into a particular wine. The County does not
have these types of signs but they would be consistent with the Comprehensive Plan’s intent to encourage
and assist in the selling of agricultural goods. She did not see anything in the ordinance that fit the need
that she is picturing. Ms. McCulley responded that a non-commercial farm sign, that would name the farm
that Ms. Thomas is referring to, is exempt and can be four square feet. A farm sign that is commercial in
nature and advertising the products would be allowed under the commercial sign provisions in the rural
areas district like any other commercial or nonresidential use. For example, a school could have a
freestanding sign of 24 square feet. Ms. Thomas noted that since staff is limiting how much signs can be in
the rural and residential areas, did staff feel that there is sufficient options for those types of signs in the
rural areas. Ms. McCulley stated that those signs would qualify for temporary signs for seasonal sales and
would qualify for the freestanding sign provisions for commercial use.
Mr. Dorrier asked if the ordinance was developed primarily by staff. Ms. McCulley responded that
May 9, 2001 (Regular Night Meeting)
(Page 6)
there was a lot of discussion with sign makers, the Chamber of Commerce, along with comments from Ben
Foster and others, in addition to several work sessions with the ARB and Planning Commission. Mr. Dorrier
asked if the business community had input. Ms. McCulley stated that the business community was invited
to participate and had some input. Mr. Dorrier stated that the reason he asked is because Scottsville
revised its sign ordinance then put it in the hands of a citizens commission run by businessmen and they
rewrote the ordinance and came back with an ordinance based on Middleburg’s ordinance. Mr. Martin
stated that in 1992 when the last sign ordinance was passed there was quite a bit of business input. Since
this is more a modification of the 1992 ordinance the business community seems accepting. Ms. McCulley
agreed, stating that this revision does not make the significant restrictions that the 1992 ordinance did.
Ms. Thomas asked why the limitation on neons. Ms. McCulley said that is correct unless it is
covered. Ms. Thomas stated that she thought it strange that a business cannot have a sign on a wall unless
the business contains an outside wall. It is possible to have a commercial establishment housed in an
interior space that would want signage on an outside wall. Ms. McCulley agreed. Mr. Bowerman asked if
signs for businesses without walls were normally handled on some sort of building sign. Mr. Tucker stated
that, as an example, at the mall you do not really know what the interior stores are until you get inside the
mall. Ms. McCulley referenced section 4.15.16I on page 23, Wall Signs and read the section for the record.
Ms. Humphris asked on whose wall the sign would be placed. Ms. Thomas said that an arrangement
could certainly be made between business owners, but asked if the Board wanted to make a law prohibiting
signs on walls for those businesses that do not have external walls. Mr. Bowerman stated that part of the
issue is one of location. A business that has a high degree of walk in traffic needs visibility. Location of a
business is not under the purview of the Board. Ms. Thomas stated that she does not know why the County
should have a regulation that says if a business does not own an exterior wall, it cannot have a wall sign.
Mr. Martin asked the Board members to think about the number of shops in the mall and what it would look
like if each establishment had equal space on the outside of the mall. Ms. McCulley stated that an interior
business could still advertise on an exterior freestanding sign. Mr. Tucker said that there could be a
freestanding sign that lists all of the various shops or offices within a building. This is done on the downtown
mall. There is a sign on the wall on the outside listing the occupants of the building. Ms. Thomas noted
that Mr. Tucker said there is a sign on the wall. Ms. Humphris said that it is usually on an inside wall in the
hall of the building. Ms. McCulley noted that the issue is coming up more often with some of the smaller
businesses within a larger business such as the Wal-Mart optician or the banks in the grocery stores. She
believes that staff is ambivalent and would go either way. There is no desire to provide more signage on
the wall than would otherwise be allowed. Mr. Dorrier noted that in the case of grocery stores there is high
traffic and that is why the banks and others locate within them. Mr. Martin said that if it were a problem the
public would be present to say so. Mr. Tucker said that you see freestanding signs in the County more than
wall signs because traffic is moving at 35 and 45 mph, and if the sign is on a wall it would have to be very
large.
Regarding menu signs, Ms. Thomas noted that staff does not want an outdoor menu sign for an
establishment that does not have a drive-through. Ms. McCulley clarified by stating that in order for staff to
regulate a sign it has to be visible from off the property. This refers to the drive-thru menu one views and
orders from. Mr. Dorrier asked what the appeal process is on a sign decision and whether the matter went
before the BZA. Ms. McCulley stated that it does. Mr. Dorrier asked if the County has many appeals of sign
decisions. Mr. Davis said that he does not believe there have been many appeals. There have, however,
been requests for variances particularly on the wall sign issues because it was made more restrictive in
1992. Since 1994 a dozen or so variances have been heard by the BZA. Mr. Dorrier asked if the sign
ordinance had been fairly well accepted by the community. Mr. Davis said that it has. Ms. Thomas said
that at first she was a bit distressed to see that an abandoned sign was no longer being defined but it is
being dealt with. She assumes that signs that are no longer being used that previously might have been
called abandoned signs are adequately handled by the discontinuance of pertinent use. Ms. McCulley said
that language would help provide clarity.
There being no further questions for staff, the public hearing was opened. With no one from the
public rising to speak, the public hearing was closed.
Ms. Humphris moved adoption ZTA-2001-001, an Ordinance to amend Chapter 18, Zoning, Article
II, Basic Regulations and Article III, District Regulations, of The Code of the County of Albemarle (Sign
Ordinance). The motion was seconded by Mr. Martin.
Roll was called, and the motion carried by the following recorded votes:
AYES:Ms. Humphris, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Mr. Dorrier.
NAYS:None.
(The adopted Ordinance is set out below:)
ORDINANCE NO. 01-18(3)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, AND
ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article II, Basic Regulations, and Article III, District Regulations, are hereby amended and
reordained as follows:
May 9, 2001 (Regular Night Meeting)
(Page 7)
By Adding:
Sec. 4.15.1Purpose and intent.
Sec. 4.15.2 Definitions.
Sec. 4.15.3Sign content.
Sec. 4.15.4Signs authorized by sign permit.
Sec. 4.15.5Signs authorized by special use permit.
Sec. 4.15.6Signs exempt from the sign permit requirement.
Sec. 4.15.7Prohibited signs and sign characteristics.
Sec. 4.15.8Regulations applicable in the RA, VR, R-1 and R-2 zoning districts.
Sec. 4.15.9Regulations applicable in the R-4 and R-6 zoning districts.
Sec. 4.15.10 Regulations applicable in the R-10, R-15 and PRD zoning districts
.
Sec. 4.15.11 Regulations applicable in the PUD zoning district.
Sec. 4.15.12Regulations applicable in the C-1 and CO zoning districts.
Sec. 4.15.13Regulations applicable in the HC, PD-SC and PD-MC zoning districts.
Sec. 4.15.14Regulations applicable in the HI, LI and PD-IP zoning districts.
Sec. 4.15.15Regulations applicable in the entrance corridor overlay district.
Sec. 4.15.16Regulations applicable to certain sign types.
Sec. 4.15.17Determining sign area.
Sec. 4.15.18Determining sign height.
Sec. 4.15.19Determining sight distance triangle.
Sec. 4.15.20Determining structure frontage.
Sec. 4.15.21Determining sign setback.
Sec. 4.15.22Sign maintenance.
Sec. 4.15.23Sign alteration, repair or removal; when required.
Sec. 4.15.24Nonconforming signs.
By Amending:
Sec. 5.2.2Regulations governing home occupations.
Sec. 21.7.1Adjacent to public streets.
Sec. 30.6.2 Application.
Sec. 30.6.3.2 By special use permit.
Sec. 30.6.5Sign regulations.
By Repealing:
Sec. 4.15.01Purpose and intent.
Sec. 4.15.02Scope.
Sec. 4.15.03Definitions.
Sec. 4.15.04Signs exempted from permit requirement.
Sec. 4.15.05By special use permit.
Sec. 4.15.06 Prohibited signs.
Sec. 4.15.07 Calculations.
Sec. 4.15.08Content and advertising message.
Sec. 4.15.09Administration.
Sec. 4.15.10Nonconforming signs.
Sec. 4.15.11Temporary signs.
Sec. 4.15.12Signs permitted by zoning district, generally.
Sec. 4.15.13Violation and penalty.
Sec. 4.15.14Severability and conflict.
Chapter 18. Zoning
Article II. Basic Regulations
Sec. 4.15 Signs.
Sec. 4.15.1 Purpose and intent.
The purpose and intent of this section 4.15 include, but are not limited to, the following:
A.The board of supervisors finds that signs are a separate and distinct use of the property
upon which they are located and affect the uses and users of adjacent streets, sidewalks and other areas
open to the public; and that the unregulated erection and display of signs constitute a public nuisance
detrimental to the health, safety, convenience and general welfare of the public. Therefore, the purpose of
this section 4.15 is to establish reasonable regulations pertaining to the time, place and manner in which
outdoor signs and window signs may be erected and maintained in order to:
1.Promote the general health, safety and welfare, including the creation of an
attractive and harmonious environment;
2.Protect the public investment in the creation, maintenance, safety and appearance
of its streets, highways and other areas open to the public;
May 9, 2001 (Regular Night Meeting)
(Page 8)
3.Improve pedestrian and vehicular safety by avoiding saturation and confusion in
the field of vision that could otherwise result if such signs were not regulated as provided herein; and
4.Protect and enhance the county's attractiveness to tourists and other visitors as
sources of economic development.
B.The board of supervisors finds that the regulations in this section 4.15 advance the
significant governmental interests identified herein and are the minimum amount of regulation necessary to
achieve them.
C.The regulations in this section 4.15 shall apply to all outdoor signs.
D.Signs are classified and regulated in this section 4.15 by their purpose (, anchor sign),
e.g.
physical type (, freestanding sign), location (, off-site sign) and characteristics (, illuminated sign).
e.g.e.g.e.g.
Each sign subject to this section 4.15 shall comply with all regulations applicable to that sign.
(12-10-80; 7-8-92, § 4.15.01; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.2 Definitions.
The following definitions shall apply in the interpretation and implementation of this section 4.15:
(1) . The term “advertising vehicle” means a type of portable sign that is
Advertising vehicle
either: (i) a motor vehicle, trailer or semi-trailer that is inoperative within the meaning of Virginia Code §
46.2-100; or (ii) a motor vehicle, trailer or semi-trailer that is not used for transportation in the daily non-
advertising activities of the business at which it is parked, and is parked in the public view for the purpose of
attracting attention. Advertising vehicles include any temporary or permanent signs resting on or attached
to vehicles.
(2). The term “anchor sign” means a sign that identifies any specific business
Anchor sign
within a shopping center.
(3) . The term “animated sign” means a sign that moves or a sign that changes
Animated sign
lighting by any mechanical, electrical or other device.
(4) . The term “auction sign” means a sign that advertises an auction to be
Auction sign
conducted.
(5) . The term “awning” means a covering attached to a structure, erected on or over a
Awning
window or door, and typically supported by a metal frame.
(6). The term “awning sign” means a type of projecting sign that is painted or
Awning sign
printed on, or attached to, the surface of an awning.
(7) . The term “banner” means a sign that is made of a nonrigid surface such as fabric
Banner
or paper, with no enclosing framework.
(8). The term “billboard” means a freestanding off-site sign that exceeds thirty-two
Billboard
(32) square feet in sign area.
(9) . The term “bulletin board sign” means a type of directory sign that has
Bulletin board sign
changeable copy enclosed in a casement covered by glass, plexiglassor other transparent material.
(10). The term “canopy” means a permanent structure, or part thereof, that has a roof
Canopy
with support but no walls, and is intended as shelter.
(11). The term “canopy sign” means a type of wall sign that is attached to the
Canopy sign
fascia of a canopy. See Figure I following this section.
(12). The term “commercial speech” means speech that is an expression
Commercial speech
related solely to the economic interests of the speaker and its audience, concerns lawful activity, and is not
misleading.
(13). The term “construction sign” means a sign that identifies a construction
Construction sign
project and/or an architect, contractor, subcontractor, material supplier or lending institution participating in
the construction project.
(14). The term “copy” means the letters, figures, designs, devices, pictures, projected
Copy
images, symbols, fixtures, colors, logos, emblems, or insignias displayed on a sign face.
(15). The term “directory sign” means a type of freestanding or wall sign, other
Directory sign
than a development’s primary freestanding sign, that displays the names and/or the addresses of the
establishments or uses of a building or group of buildings located within the development for the sole
May 9, 2001 (Regular Night Meeting)
(Page 9)
purpose of providing direction, that is not erected at the road entrance to the development, and includes,
but is not limited to, a bulletin board sign. See Figure I following this section.
(16). The term “electric message sign” means a sign on which the copy
Electric message sign
can be changed or altered by electric, electro-mechanical or electronic means.
(17). The term “erect” means, in the appropriate context, to affix, construct, hang, install,
Erect
locate, paint, place or print.
(18). The term “establishment” means a public or private institution or a place of
Establishment
business; for purposes of this definition, the number of franchises held by an automobile dealership shall
not be relevant to the determination as to what is an establishment.
(19) . The term “estate sign” means a sign that identifies the name of a private resi-
Estate sign
dence.
(20) . The term “farm sign” means a sign that identifies the name of a property and/or
Farm sign
its products, for property in agricultural or forestal use.
(21) . The term “fascia” means one or more of the vertical faces of the roof of a canopy
Fascia
or structure.
(22). The term “flag” means a piece of fabric, banner or bunting that contains a distinctive
Flag
color, design, size, pattern or symbol.
(23). The term “flashing sign” means an illuminated sign of which all or part of
Flashing sign
the illumination is flashing or intermittent, or changing in degrees of intensity, brightness or color.
(24). The term “freestanding sign” means a sign that is supported from the
Freestanding sign
ground and not attached to a structure. See Figure I following this section.
(25). The term “home occupation Class B sign” means a sign
Home occupation Class B sign
on the premises of a dwelling unit that has an authorized Class B home occupation that only states the
name of the person occupying the dwelling and identifies the product or service offered by the home
occupation
.
(26). The term “illuminated sign” means a sign, or any part of a sign, that is
Illuminated sign
illuminated by an external or internal light source.
(27). The term “incidental sign” means a sign that has a purpose secondary to
Incidental sign
the use of the lot on which it is located, such as “handicap parking,” “no parking,” “entrance,” “loading only,”
“telephone,” and other similar directives.
(28). The term “maintain” means the cleaning, painting, repair or replacement of
Maintain
defective parts of a sign in a manner that does not alter in any way, however slight, the copy, design, or the
structure of the sign.
(29) . The term “marquee” means a fixed covering that projects over an entrance to a
Marquee
theater or other building.
(30). The term “marquee sign” means a type of wall sign incorporated in or
Marquee sign
attached to a marquee, and that may have changeable copy.
(31) . The term “menu sign” means a sign designed and located to be read from a
Menu sign
drive-thru lane.
(32) . The term “moving sign” means a sign, any part of which moves by means of
Moving sign
an electrical, mechanical or other device, or that is set in motion by wind.
(33). The term “noncommercial speech” means speech that is not
Noncommercial speech
commercial speech, but does not include expressions related solely to the economic interests of the
speaker and its audience that do not concern lawful activity or are misleading.
(34). The term “nonconforming sign” means a lawful sign existing on the
Nonconforming sign
effective date of this section 4.15 that does not comply with the requirements contained herein.
(35). The term “off-site sign” means a sign that is not located on the same lot with
Off-site sign
the use to which it pertains, but does not include a sign located in a public right-of-way.
(36) . The term “on-site sign” means a sign located on the same lot with the prin-
On-site sign
cipal use to which it pertains, and includes every sign whose copy is exclusively noncommercial speech.
(37). The term “pennant” means a series of two (2) or more sections of fabric, plastic
Pennant
or other material, whether or not containing a message of any kind, suspended from a fixed structure, rope,
wire, string or cable, and designed to move in the wind and including, but not limited to, streamers and
May 9, 2001 (Regular Night Meeting)
(Page 10)
tinsel.
(38). The term “political sign” means a sign that pertains to the candidacy of one
Political sign
or more persons for an elective office, or pertains to one or more issues to be voted upon, in an upcoming
election.
(39). The term “portable sign” means a temporary sign that is not permanently
Portable sign
affixed to the ground or to a permanent structure, or a sign that can be moved to another location including,
but not limited to, a sign erected on a trailer, a sign with attached wheels, a sign consisting of A-shaped or
T-shaped frames, or an advertising vehicle. See Figure I following this section.
(40). The term “private drive sign” means an on-site sign that contains only
Private drive sign
the words "private drive."
(41) . The term “projecting sign” means a sign, other than a wall sign, that is
Projecting sign
attached to a structure but which is not mounted parallel to the structure’s wall surface, and includes, but is
not limited to, an awning sign. See Figure I following this section.
(42). The term “public sign” means a sign that is erected and maintained by a town,
Public sign
city, county, state or federal government or an authority thereof, and any lawful road name and number
sign regardless of whether it was publicly or privately erected or maintained.
(43). The term “real estate sign” means a sign that is used to advertise the
Real estate sign
sale, lease, rental, development or other use of the property on which the sign is located.
(44). The term “residence sign” means a sign erected on a lot containing a
Residence sign
private dwelling that identifies the name of the occupant and/or the street address of the residence.
(45). The term “residential sign” means a sign erected on a lot containing a
Residential sign
private dwelling whose copy is exclusively noncommercial speech.
(46). The term “roof sign” means a sign erected on a structure that extends, in whole
Roof sign
or in part, above the top of the wall of the structure; except that a sign located on a fake mansard is not a
roof sign, but is a wall sign.
(47). The term “sign” means any object, device or structure, or any part thereof including
Sign
the sign face and the sign structure, visible from beyond the boundaries of the lot on which it is located,
which exists primarily to advertise, identify, display, or direct or attract attention to a structure, object, person,
institution, organization, business, product, service, event, issue or location by any means, including letters,
figures, designs, devices, pictures, projected images, symbols, fixtures, colors, logos, emblems, or insignias
or any part or combination thereof. An object such as a banner, balloon, three-dimensional figure, pennant,
streamer or flag is a sign for purposes of this section 4.15 if it exists for one or more of the purposes
identified in this definition. A flag whose design denotes the official symbol of a national, state or local
government is not a sign.
(48). The term “sign face” means the area or display surface used to advertise,
Sign face
identify, display, or direct or attract attention. See Figure I following this section.
(49). The term “sign structure” means the supports, uprights, bracings and
Sign structure
framework of any structure, be it single-faced, double-faced, V-type or otherwise, used to exhibit a sign. See
Figure I at the end of this section.
(50). The term “subdivision sign” means a type of freestanding sign erected at
Subdivision sign
the entrance of a residential development that identifies the development.
(51) . The term “temporary sign” means a sign that is displayed for only a
Temporary sign
limited period of time authorized in section 4.15.4(D), that describes or identifies participants in a seasonal,
brief or particular event or activity to be or being conducted upon a lot.
(52). The term “visible” means that which is capable of being seen, whether or not
Visible
legible, by a person of normal visual acuity.
(53). The term “wall sign” means a sign, other than a projecting sign, that is painted
Wall sign
on, printed on or attached to, a wall of a building and parallel to the wall, is located on a fake mansard, or
,
is a canopy sign or a marquee sign. See Figure I following this section.
(54). The term “warning sign” means a sign that provides a warning or a notice to
Warning sign
persons on, or entering upon, the premises on which the sign is located including, but not limited to, signs
stating that solicitations, hunting, fishing or trespassing is prohibited, that a dog is present on the property,
and that the property is protected by a security or alarm system.
(55). The term “window sign” means a sign affixed to, or visible from the outdoors
Window sign
through, a window in a structure within the entrance corridor overlay district, or visible from an entrance
corridor street, but does not include goods which are sold or are available for purchase on the premises.
(12-10-80; 7-8-92, § 4.15.03; Ord. 01-18(3), 5-9-01)
May 9, 2001 (Regular Night Meeting)
(Page 11)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.3 Sign content.
Each sign authorized in this section 4.15 may contain any noncommercial copy in lieu of, or in
addition to, any commercial copy.
(Ord. 01-18(3), 5-9-01)
State law reference
– Va. Code § 15.2-2280.
Sec. 4.15.4 Signs authorized by sign permit.
Except as provided in sections 4.15.6 (exempt signs) and 4.15.24 (nonconforming signs), a sign
permit shall be required for each sign erected on the same lot with the principal use to which it pertains,
prior to its erection, alteration, replacement or relocation, as provided herein:
A.. An application for a sign permit shall be submitted to the department of
Application
building code and zoning services, together with payment of the fee required for the application pursuant to
section 35.0 of this chapter. A complete application shall consist of the following:
1.A fully completed application form, provided to the applicant by the zoning
administrator;
2.A schematic legibly drawn to scale and sufficiently detailed showing the location
and dimensions of the sign; and
3.Any plans, specifications and details pertaining to, among other things, the sign
materials, the methods of illumination, methods of support, components, and the condition and age of the
sign, as determined by the zoning administrator to be necessary for the review of the application.
B.. A sign permit application shall be reviewed and
Application review and permit issuance
acted upon by the zoning administrator only as provided herein:
1.Within thirty (30) days of the receipt of a complete sign permit application, or within
seven (7) days of the receipt of a complete sign application for a temporary sign, the zoning administrator
shall review the application and either: (i) approve the application; (ii) deny the application; (iii) refer the
application to the applicant for more information as may be required by subsection (A)(3); (iv) refer the
application to the board of zoning appeals because the applicant must obtain a special use permit pursuant
to section 4.15.5; and/or (v) refer the application to the architectural review board because the proposed
sign will be located within the entrance corridor overlay district and a certificate of appropriateness is
required. An application shall be denied only if the proposed sign is a prohibited sign or does not comply
with the regulations set forth in this section 4.15. If the application is denied, the reasons shall be specified
in writing.
May 9, 2001 (Regular Night Meeting)
(Page 12)
2.If the zoning administrator fails to take one of the actions described herein within
thirty (30) days of receipt of a complete sign permit application, or within seven (7) days of the receipt of a
complete sign application for a temporary sign, the permit shall be deemed approved as received.
C.. Except for permits issued for temporary signs, which are subject
Administration, generally
to the regulations in subsection (D), the following regulations shall apply to the administration of sign
permits:
1.A sign permit shall become null and void if the use to which the sign permit
pertains is not commenced within six (6) months after the date the sign permit or certificate of
appropriateness is issued, whichever is later or, if the sign contains exclusively noncommercial copy, the
sign is not erected within six (6) months after the date the sign permit is issued. Upon written request by the
permittee and upon good cause shown, the zoning administrator may grant an extension of the six (6)-
month period.
2.The zoning administrator shall revoke a sign permit if the sign does not comply
with any applicable regulation of this section 4.15.
D.. The following regulations shall apply to the
Administration, permits for temporary signs
administration of sign permits issued for temporary signs:
1. A temporary sign that is a portable sign shall be stabilized so as not to pose a
danger to public safety. Prior to the sign being erected, the zoning administrator shall approve the method
of stabilization.
2. No more than four (4) permits for temporary signs shall be issued by the zoning
administrator to the same establishment in any calendar year.
3.Each permit for a temporary sign shall be valid for a period not to exceed fifteen
(15) consecutive days after the erection of the sign.
(12-10-80; 7-8-92, §§ 4.15.09, 4.15.09.1, 4.15.09.2, 4.15.09.3; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code §§ 15.2-2280, 15.2-2286.
Sec. 4.15.5 Signs authorized by special use permit.
Except as provided in subsection (D), electric message signs, off-site signs, and signs in public
rights-of-way may be authorized only by special use permit, as provided herein:
A.. The signs may be authorized only
Circumstances under which signs may be authorized
under the following circumstances:
1.. Off-site signs may be authorized by special use permit within any
Off-site signs
zoning district.
2.. Electric message signs may be authorized by special use
Electric message signs
permit within any commercial or industrial zoning district, or any commercially designated areas of a
planned unit development.
3.. Signs in public rights-of-way; provided: (1) the
Signs in public rights-of-way
subdivision or planned development to which the sign pertains abuts the public right-of-way; (2) the sign is
either a subdivision sign or a sign identifying a planned development authorized by sections 19.0, 20.0,
25.0, 25A, and 29.0; (3) the freestanding sign regulations, other than setback regulations, applicable to the
lot with the use to which the sign pertains shall apply; and (4) if the sign is located within an entrance
corridor overlay district, a certificate of appropriateness is issued by the architectural review board.
B.. The authority to issue a special use permit for off-site signs and electric
Authority
message signs is hereby granted to the board of zoning appeals.
C.. The application procedure, the findings and conditions to
Procedure and administration
be applied by the board of zoning appeals when considering an application for a special use permit, and the
authority to revoke such a permit, shall be as provided in section 31.2.4 of this chapter. In addition to the
foregoing:
1.For an off-site sign, the board of zoning appeals shall also find that the issuance of
a special use permit is necessary because an on-site sign would be ineffective to communicate its message
off-site because of topography or vegetation.
2.For an electric message sign, the board of zoning appeals shall also find that the
sign complies with all applicable state laws for such signs.
3.A permit number for each special use permit issued for an off-site sign shall be
affixed to the sign in a conspicuous place.
May 9, 2001 (Regular Night Meeting)
(Page 13)
D.. A special use permit shall not be required for off-site
Exception; certain off-site signs
directional, political, subdivision or temporary signs.
(12-10-80; 7-8-92, § 4.15.05; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code §§ 15.2-2280, 15.2-2286.
Sec. 4.15.6 Signs exempt from the sign permit requirement.
The following signs are exempt from the sign permit requirement set forth in section
4.15.4 provided that they comply with the regulations set forth below and all other applicable regulations of
this section 4.15:
(1). An auction sign that does not exceed four (4) square feet in sign area, and
Auction sign
which is posted for a total of thirty (30) days or less in a calendar year. Such an auction sign shall be
removed within seven (7) days after date of the auction.
(2). A commemorative plaque that does not to exceed four (4)
Commemorative plaque
square feet in sign area.
(3) . A construction sign that does not exceed thirty-two (32) square feet in
Construction sign
sign area. Such a construction sign shall be removed within seven (7) days after issuance of a certificate of
occupancy.
(4). An estate sign that does not exceed four (4) square feet in sign area.
Estate sign
(5). A farm sign that does not include commercial identification and does not
Farm sign
exceed four (4) square feet in sign area.
(6) . A home occupation class B sign that does not exceed four
Home occupation class B sign
(4) square feet in sign area.
(7). An incidental sign that does not exceed four (4) square feet in sign area.
Incidental sign
(8) . One or more political signs that do not exceed the maximum sign area
Political sign
allowed for the physical type of the sign (e.g., freestanding, wall) within the applicable zoning district.
(9). A private drive sign that does not exceed four (4) square feet in sign
Private drive sign
area, limited to one such sign per entrance.
(10). A public sign.
Public sign
(11) . A residence sign that does not exceed four (4) square feet in sign area.
Residence sign
(12). One or more residential signs that are not illuminated signs and do not
Residential sign
exceed thirty-two (32) square feet in cumulative sign area.
(13). A special decorative display used for holidays or public events,
Special decorative display
and which is displayed for a total of sixty (60) days or less in a calendar year. Such a display shall be
removed within seven (7) days of said event.
(14). A temporary directionalsign that is erected no closer than five
Temporary directional sign
(5) feet from a front lot line and does not exceed four (4) square feet in sign area.
(15). A real estate sign that does not exceed thirty-two (32) square feet in sign
Real estate sign
area. Such a real estate sign shall be removed from the site within seven (7) days of sale, lease or rental.
(16). A warning sign that is erected by a private landowner and does not exceed
Warning sign
four (4) square feet in sign area.
(17). A window sign.
Window sign
(12-10-80; 7-8-92, § 4.15.04; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.7 Prohibited signs and sign characteristics.
Notwithstanding any other provision of this section 4.15, the following signs and sign characteristics
are prohibited in all zoning districts:
A.. Signs that violate state or federal law, including but
Signs that violate state or federal law
not limited to:
1.A sign that violates any law of the Commonwealth of Virginia related to outdoor
advertising, including but not limited to Virginia Code §§ 33.1-351 to 33.1-381, inclusive, and 46.1-174.
May 9, 2001 (Regular Night Meeting)
(Page 14)
2.A sign that violates any law of the United States related to the control of outdoor
advertising, including but not limited to 23 U.S.C. § 131.
3.A sign that violates any state or federal law related to Virginia byways or scenic
highways.
4.A sign that violates the building code or the fire code.
B.
Signs with characteristics that create a safety hazard or are contrary to the general
. Signs whose construction, design, location or other physical characteristic create a safety hazard
welfare
or are contrary to the general welfare, as follows:
1.. A sign, other than a public sign or a warning
Sign that is attached to another thing
sign, that is nailed, tacked, painted or in any other manner attached to any tree, cliff, fence, utility pole or
support, utility tower, rack, curbstone, sidewalk, lamp post, hydrant, bridge or public property of any
description.
2.. A sign that casts illumination, directly or
Sign that casts illumination off-site
indirectly, on any street, or on any adjacent property within a residential district.
3.. A sign that is a moored balloon or other type of tethered floating
Floating sign
sign.
4.. Lighting that outlines any structure, sign structure,
Lighting that illuminates outline
sign or part thereof with neon or other light.
5.. A sign that imitates
Sign that imitates a traffic sign or signal or a road name sign
an official traffic sign or signal or a road name sign, or conflicts with traffic safety needs due to its location,
color, movement, shape or illumination.
6.. A sign that uses exposed, bare, or uncovered neon
Sign with neon illumination
illumination, or uses neon illumination covered by a transparent material, including such signs installed
within a building or structure within the entrance corridor overlay district and visible from an entrance
corridor.
7.. A sign that obstructs free or clear vision, or otherwise
Sign that obstructs vision
causes a safety hazard for vehicular, bicycle, or pedestrian traffic due to its location, shape, illumination or
color.
8.. Pennants, ribbons, spinners, streamers or
Pennants, ribbons, spinners streamers
similar moving devices, whether or not they are part of a sign.
9.. A sign, other than a public sign, erected on or
Sign erected in public right-of-way
over a public right-of-way unless the sign is authorized under section 4.15.5.
10.. A sign, other
Sign that contains or consists of searchlight, beacon or strobe light
than a public sign, that contains or consists of a searchlight, beacon, strobe light, or similar form of
illumination.
11.. A sign that produces sound for the purpose of
Sign that produces sound
attracting attention regardless of whether the sign has a written message content.
12.. A sign that contains or
Sign that contains or consists of strings of light bulbs
consists of one (1) or more strings of light bulbs that is not part of a decorative display.
13.. A sign that is illuminated so as to be unsafe to
Sign with unsafe illumination
vehicular or pedestrian traffic.
14.. A sign that is erected in a location so as to be
Sign erected in unsafe location
unsafe to vehicular or pedestrian traffic.
15.. A sign whose characteristics,
Sign determined by official to create safety hazard
including but not limited to its construction, design or location, are determined by a fire official, the building
official, or a law enforcement officer to create a safety hazard.
C.. Signs that are:
Certain sign types
1.Animated signs.
2.Advertising vehicles.
3.Banners, except as an authorized temporary sign.
4.Billboards.
5.Flashing signs.
May 9, 2001 (Regular Night Meeting)
(Page 15)
6.Moving signs.
7.Roof signs.
(12-10-80; 7-8-92, § 4.15.06; Ord. Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.8 Regulations applicable in the RA, VR, R-1 and R-2 zoning districts.
The following regulations pertaining to the number of signs permitted per lot or
establishment, the sign area, sign height, and setback requirements shall apply to each sign for
which a sign permit is required within the Rural Areas (RA), Village Residential (VR) and Residential (R-1
and R-2) zoning districts:
Sign TypeNumber of SignsSign AreaSign HeightSign Setback
Allowed(Maximum)(Maximum)(Minimum)
Directory1 or more per establishment,24 square feet,6 feet10 feet
as authorized by zoning administratoraggregated
1 per street frontage, or 2 per24 square feet,
Freestandingentrance, per lot with 100 or more feetaggregated; if more10 feet10 feet
of continuous street frontage, plus 1than 1 sign, no single
per lot if the lot is greater thansign shall exceed 12
square feet
4 acres and has more than 1
approved entrance on its frontage
Subdivision2 per entrance per subdivision24 square feet,6 feet5 feet
aggregated, per
entrance
10 feet, if
Temporary1 per street24 square feetfreestanding sign;10 feet
frontage per establishment20 feet, if wall sign,
but not to exceed
the top of the
fascia or mansard
40 square feet,
WallAs calculated pursuant to sectionaggregated in the RA20 feetSame as that
4.15.20zoning district; 20applicable to
square feet,structure
aggregated, in other
zoning districts
(12-10-80; 7-8-92, § 4.15.12.1; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.9 Regulations applicable in the R-4 and R-6 zoning districts.
The following regulations pertaining to the number of signs permitted per lot or establishment, the
sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required
within the Residential (R-4 and R-6) zoning districts:
Sign TypeNumber of SignsSign AreaSign HeightSign Setback
Allowed(Maximum)(Maximum)(Minimum)
Directory1 or more per establishment,24 square feet,6 feet10 feet
as authorized by zoning administratoraggregated
1 per street frontage, or 2 per24 square feet,
entrance, per lot with 100 or more feetaggregated; if more10 feet10 feet
Freestandingof continuous street frontage plus 1than 1 sign, no single
per lot if the lot is greater than 4 acressign shall exceed 12
and has more than 1 approvedsquare feet
entrance on its frontage
Projecting1 per street frontage24 square feet20 feet, but not toNot applicable
exceed the top of
the fascia or
mansard
Subdivision2 per entrance per subdivision24 square feet,6 feet5 feet
aggregated, per
entrance
10 feet, if
Temporary1 per street24 square feetfreestanding sign;10 feet
frontage per establishment20 feet, if wall sign,
but not to exceed
May 9, 2001 (Regular Night Meeting)
(Page 16)
the top of the
fascia or mansard
WallAs calculated pursuant to section20 square feet,20 feetSame as that
4.15.20aggregatedapplicable to
structure
(12-10-80; 7-8-92, § 4.15.12.2; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.10 Regulations applicable in the R-10, R-15 and PRD zoning districts.
The following regulations pertaining to the number of signs permitted per lot or establishment, the
sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required
within the Residential (R-10 and R-15) and Planned Residential Development (PRD) zoning districts:
Sign TypeNumber of SignsSign AreaSign HeightSign Setback
Allowed(Maximum)(Maximum)(Minimum)
Directory1 or more per establishment,24 square feet,6 feet5 feet
as authorized by zoning administratoraggregated
1 per street frontage, or 2 per24 square feet,
entrance, per lot with 100 or more feetaggregated; if more12 feet5 feet
Freestandingof continuous street frontage plus 1than 1 sign, no single
per lot if the lot is greater than 4 acressign shall exceed 12
and has more than 1 approvedsquare feet
entrance on its frontage
Projecting1 per street frontage24 square feet20 feet, but not toNot applicable
exceed the top of
the fascia or
mansard
Subdivision2 per entrance per subdivision24 square feet,6 feet5 feet
aggregated, per
entrance
12 feet, if
Temporary1 per street24 square feetfreestanding sign;5 feet
frontage per establishment20 feet, if wall sign,
but not to exceed
the top of the
fascia or mansard
WallAs calculated pursuant to section1 square foot per 120 feetSame as that
4.15.20linear foot ofapplicable to
establishmentstructure
structure frontage, not
to exceed 32 square
feet
(12-10-80; 7-8-92, § 4.15.12.3; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.11 Regulations applicable in the PUD zoning district.
The following regulations pertaining to the number of signs permitted per lot or establishment, the
sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required
within the Planned Unit Development (PUD) zoning district:
Sign TypeNumber of SignsSign AreaSign HeightSign Setback
Allowed(Maximum)(Maximum)(Minimum)
Directory1 or more per establishment,24 square feet,6 feet5 feet
as authorized by zoning administratoraggregated
1 per street frontage, or 2 per24 square feet,
entrance, per lot with 100 or more feetaggregated; if more12 feet5 feet
Freestandingof continuous street frontage plus 1than 1 sign, no single
per lot if the lot is greater than 4 acressign shall exceed 12
and has more than 1 approvedsquare feet
entrance on its frontage
Projecting1 per street frontage24 square feet30 feet, but not toNot applicable
May 9, 2001 (Regular Night Meeting)
(Page 17)
exceed the top of
the fascia or
mansard
Subdivision2 per entrance per subdivision24 square feet,6 feet5 feet
aggregated, per
entrance
12 feet, if
Temporary1 per street24 square feetfreestanding sign;5 feet
frontage per establishment20 feet, if
residential wall sign
or 30 feet if
nonresidential wall
sign, but not to
exceed the top of
the fascia or
mansard
1 square foot per 1
WallAs calculated pursuant to sectionlinear foot of20 feet, ifSame as that
4.15.20establishmentresidential wall signapplicable to
structure frontage, notor 30 feet ifstructure
to exceed 32 squarenonresidential wall
feet if residential wallsign
sign, or 100 square
feet if nonresidential
wall sign
(12-10-80; 7-8-92, § 4.15.12.4; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.12 Regulations applicable in the C-1 and CO zoning districts.
The following regulations pertaining to the number of signs permitted per lot or establishment, the
sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required
within the Commercial (C-1) and Commercial Office (CO) zoning districts:
Sign TypeNumber of SignsSign AreaSign HeightSign Setback
Allowed(Maximum)(Maximum)(Minimum)
Directory1 or more per establishment,24 square feet,6 feet5 feet
as authorized by zoning administratoraggregated
1 per street frontage, or 2 per32 square feet,
entrance, per lot with 100 or more feetaggregated; if more12 feet5 feet
Freestandingof continuous street frontage plus 1than 1 sign at an
per lot if the lot is greater than 4 acresentrance, no single
and has more than 1 approvedsign shall exceed 16
entrance on its frontagesquare feet
Projecting*1 per street frontage32 square feet30 feet, but not toNot applicable
exceed the top of
the fascia or
mansard
12 feet, if
Temporary1 per street32 square feetfreestanding sign; 5 feet
frontage per establishment30 feet if wall sign,
but not to exceed
the top of the
fascia or mansard
1 square foot per 1
Wall*As calculated pursuant to sectionlinear foot of30 feetSame as that
4.15.20 establishmentapplicable to
structure frontage, notstructure
to exceed 100 square
feet
*Each establishment may have both a projecting sign and a wall sign. If the establishment has both such
signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign (which
may not exceed thirty-two (32) square feet).
(12-10-80; 7-8-92, § 4.15.12.5; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.13 Regulations applicable in the HC, PD-SC and PD-MC zoning districts.
The following regulations pertaining to the number of signs permitted per lot or establishment, the
May 9, 2001 (Regular Night Meeting)
(Page 18)
sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required
within the Highway Commercial (HC), Planned Development-Shopping Center (PD-SC) and Planned
Development-Mixed Commercial (PD-MC) zoning districts:
Sign TypeNumber of SignsSign AreaSign HeightSign Setback
Allowed(Maximum)(Maximum)(Minimum)
Directory1 or more per establishment,24 square feet,6 feet5 feet
as authorized by zoning administratoraggregated
1 per street frontage, or 2 per32 square feet,
entrance, per lot with 100 or more feetaggregated; if more12 feet5 feet
Freestandingof continuous street frontage plus 1than 1 sign at an
per lot if the lot is greater than 4 acresentrance, no single
and has more than 1 approvedsign shall exceed 16
entrance on its frontagesquare feet
Projecting*1 per street frontage32 square feet30 feet, but not toNot applicable
exceed the top of
the fascia or
mansard
12 feet, if
Temporary1 per street32 square feetfreestanding sign; 5 feet
frontage per establishment30 feet if wall sign,
but not to exceed
the top of the
fascia or mansard
1.5 square feet per 1
Wall*As calculated pursuant to sectionlinear foot of30 feetSame as that
4.15.20establishmentapplicable to
structure frontage, notstructure
to exceed 200 square
feet
*Each establishment may have both a projecting sign and a wall sign. If the establishment has both such
signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign (which
may not exceed thirty-two (32) square feet).
(12-10-80; 7-8-92, § 4.15.12.6; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.14 Regulations applicable in the HI, LI and PD-IP zoning districts.
The following regulations pertaining to the number of signs permitted per lot or establishment, the
sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required
within the Heavy Industry (HI), Light Industry (LI) and Planned Development-Industrial Park (PD-IP) zoning
districts.
Sign TypeNumber of SignsSign AreaSign HeightSign Setback
Allowed(Maximum)(Maximum)(Minimum)
Directory1 or more per establishment,24 square feet,6 feet5 feet
as authorized by zoning administratoraggregated
1 per street frontage, or 2 per32 square feet,
entrance, per lot with 100 or more feetaggregated; if more12 feet5 feet
Freestandingof continuous street frontage plus 1than 1 sign at an
per lot if the lot is greater than 4 acresentrance, no single
and has more than 1 approvedsign shall exceed 16
entrance on its frontagesquare feet
Projecting*1 per street frontage32 square feet30 feet, but not to5 feet
exceed the top of
the fascia or
mansard
12 feet, if
Temporary1 per street32 square feetfreestanding sign;5 feet
frontage per establishment30 feet if wall sign,
May 9, 2001 (Regular Night Meeting)
(Page 19)
but not to exceed
the top of the
fascia or mansard
1.5 square feet per 1
Wall*As calculated pursuant to sectionlinear foot of30 feetSame as that
4.15.20establishmentapplicable to
structure frontage, notstructure
to exceed 200 square
feet
*Each establishment may have both a projecting sign and a wall sign. If the establishment has both such
signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign (which
may not exceed thirty-two (32) square feet).
(12-10-80; 7-8-92, § 4.15.12.7; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district.
In addition to all other regulations set forth in this section 4.15, the following regulations shall apply
within the entrance corridor overlay zoning district:
A.. Prior to the erection of a sign that would be visible
Certificate of appropriateness required
from an entrance corridor street, including a sign erected on or visible through a window on a structure, the
owner or lessee of the lot on which the sign will be located shall obtain a certificate of appropriateness for
that sign.
B.. The
Authority and procedure for acting upon application for certificate of appropriateness
authority and procedure for acting upon an application for a certificate of appropriateness for a sign shall be
as set forth in sections 30.6.4, 30.6.7 and 30.6.8 of this chapter, and as follows:
1.The agent is authorized to review and act upon an application for a certificate of
appropriateness for a sign if the sign will not require a variance and the sign: (i) will either not be internally
illuminated or will be internally illuminated with an opaque background; (ii) will replace an existing sign that
will be substantially the same as the existing sign; or (iii) will be in a multi-business complex or shopping
center, the architectural review board has completed its comprehensive sign review therefor, and the sign
will meet all of the requirements established by the architectural review board during its review. The agent
may require that a sign otherwise eligible for review by the agent be reviewed by the architectural review
board.
2.The architectural review board shall review and act upon an application for a
certificate of appropriateness for each sign that is not eligible for review by the agent as provided in
subsection (B)(1), or that is referred to the architectural review board by the agent.
3.Each application for a certificate of appropriateness shall be accompanied by a
site plan that shows the location of all signs proposed to be erected on the lot or lots subject to the site plan.
C.. Each application for a certificate of
Scope of review and authority to impose conditions
appropriateness for a sign shall be reviewed for consistency with the purposes and requirements of this
section 4.15 and the architectural review board’s design guidelines, and conditions may be imposed upon
the certificate of appropriateness to assure such consistency, including but not limited to conditions
minimizing window signs.
D.. For each proposed new multi-business complex or shopping
Comprehensive sign review
center, the architectural review board shall conduct a comprehensive sign review prior to issuing a
certificate of appropriateness. The review shall include, but not be limited to, a review and determination of
the appropriate style, size, colors, materials, illumination and location of all proposed signs, and any other
provisions of the architectural review board’s design guidelines.
(12-10-80; 7-8-92, § 4.15.12.8; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code §§ 15.2-2280, 15.2-2286.
Sec. 4.15.16 Regulations applicable to certain sign types.
In addition to all other regulations set forth in this section 4.15, the following regulations apply to the
sign types identified herein:
A.. The following regulations shall apply to all signs, including exempt signs: (i)
All sign types
no sign shall be erected within the applicable minimum setback area or within the sight distance triangle;
and (ii) the area of the sign face shall not exceed two hundred (200) percent of the sign area.
B.. In each shopping center exceeding one hundred thousand (100,000)
Anchor signs
square feet in gross floor area: (i) one (1) freestanding anchor sign shall be permitted for each one hundred
thousand (100,000) square feet in gross floor area, not to exceed four (4) anchor signs at the shopping
May 9, 2001 (Regular Night Meeting)
(Page 20)
center; and (ii) each anchor sign shall not exceed six (6) square feet in sign area.
C.. A canopy sign shall not extend above or below the edge of the canopy’s
Canopy signs
fascia.
D.. The following regulations shall apply to freestanding signs: (i) the
Freestanding signs
maximum combined size of a freestanding sign and its support structure shall not exceed two and one-half
(2.5) times the maximum allowable sign size; and (ii) a lot with less than one hundred (100) feet of frontage,
on which there is erected a freestanding sign on the date of the adoption of this regulation, shall be
permitted one (1) freestanding sign.
E.. Gasoline service stations shall be permitted
Gasoline service station fuel price signs
additional sign area for the exclusive purpose of displaying fuel prices. This sign area shall be calculated at
a maximum of fifty (50) percent of the principal sign area to which it is attached or sixteen (16) square feet,
whichever is less.
F.. An outdoor menu sign shall be permitted as a directory sign only on a lot with
Menu signs
a permitted drive-through use and shall not be visible from any street.
G.. An off-site sign shall count toward the signage allowed on the lot on which
Off-site signs
the sign is located.
H.. A projecting sign shall not be mounted on the fascia of a canopy and
Projecting signs
shall not be mounted such that the projecting sign extends, in whole or in part, above the top of the wall
structure.
I.. In order to be eligible to have a wall sign, the establishment shall have an
Wall signs
exterior wall.
(12-10-80; 7-8-92, § 4.15.12; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.17 Determining sign area.
The sign area shall be measured as provided herein:
A.. The sign area shall be measured as the area of a sign face within the
Measurement
smallest square, circle, rectangle, triangle or combination thereof, that encompasses the extreme limits of
the letters, figures, designs, devices, pictures, projected images, symbols, fixtures, logos, emblems or
insignias, or any part or combination thereof, together with any materials or colors forming an integral part
of the background of the sign face or used to differentiate the sign from the backdrop or structure against
which it is placed. Two-sided sign faces shall be counted as single sign face provided the angle separating
them does not exceed forty-five (45) degrees. See Figure II following this section.
B.. The sign area shall not include any supporting framework, bracing or
Area not included
decorative fence or wall when such feature otherwise complies with the regulations of this section 4.15 and
is clearly incidental to the sign itself.
(12-10-80; 7-8-92, § 4.15.07.1; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
May 9, 2001 (Regular Night Meeting)
(Page 21)
Sec. 4.15.18 Determining sign height.
The sign height shall be measured as provided herein:
A.. The sign height shall be measured as the vertical distance from the normal
Measurement
grade directly below the sign to the highest point of the sign or sign structure, whichever is higher, and shall
include the sign base, regardless of material, including earth used primarily to elevate the sign. See Figure
III following this section.
B.. In determining the highest point of the sign or sign structure
Determining the highest point
in subsection (A), the normal grade from which to measure the bottom of the sign height shall be that which
is either existing prior to construction, or newly established after construction, depending on which grade is
more consistent with the surrounding elevation of the lot on which the sign is located. Any fill or excavation
that serves primarily to elevate the sign shall be included in the height of the sign.
(12-10-80; 7-8-92, § 4.15.07.2; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.19 Determining sight distance triangle.
The sight distance triangle shall be measured as provided herein:
A.. The sight distance triangle is that triangular area on a property between the
Measurement
May 9, 2001 (Regular Night Meeting)
(Page 22)
two lines created by the existing or proposed right-of-way lines of intersecting exterior streets and/or street
commercial entrances, and the straight line connecting them at points ten (10) feet distant from where the
right-of-way lines intersect. See Figure IV following this section.
B.. The driveway for a single-family or two-family residence shall not be
Area not included
included in this calculation.
C.. The sight distance triangle may be extended to
Extension of sight distance triangle
conform to minimum Virginia Department of Transportation sight distance standards.
(12-10-80; 7-8-92, § 4.15.07.3; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.20 Determining structure frontage.
The structure frontage shall be measured to calculate the permitted wall signage as provided
herein.
A. . The structure frontage is the horizontal length of the outside structure wall
Measurement
of the establishment, in one plane, adjacent to a street.
B.. If an establishment has two (2) or more walls
Two or more walls adjacent to a street
adjacent to a street, at least one of which is an exterior wall, one (1) of these additional walls may be used
to calculate additional wall signage at one-third (1/3) the rate as allowed on the structure frontage. The
total permitted wall signage may then be divided to be used on any walls of the structure and/or canopy,
provided that no one wall sign shall exceed the applicable maximum allowable sign area.
(12-10-80; 7-8-92, § 4.15.07.5; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.21 Determining sign setback.
For all signs other than a sign within a public right-of-way, the sign setback shall be measured from
the property line or, in the case of an access easement, from the edge of the easement, to the closest point
of the sign. The setback for a sign within a public right-of-way shall be measured from the edge of the
travelway to the closest point of the sign. See Figure V following this section.
(12-10-80; 7-8-92, § 4.15.07.4; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
May 9, 2001 (Regular Night Meeting)
(Page 23)
Sec. 4.15.22 Sign maintenance.
Each sign, including the sign structure, shall be maintained at all times in a safe structural
condition, in a neat and clean condition, and shall be kept free from defective or missing parts.
(12-10-80; 7-8-92, § 4.15.09.4 (part); Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 4.15.23 Sign alteration, repair or removal; when required.
A sign shall be altered, repaired or removed in any of the following cases:
A.. If a sign becomes
Alteration, repair or removal; unsafe or endangering condition
structurally unsafe, as determined by the building official, so as to become a danger to the public health or
safety, the zoning administrator may order the owner or lessee of the property on which the sign is located
to alter, repair or remove the sign within a time period determined by the zoning administrator to be
appropriate under the circumstances. If the owner or lessee fails to comply with the order, the zoning
administrator may cause the sign to be removed or initiate such other action as may be necessary to
compel the alteration, repair or removal of the sign.
B.. If a sign is erected on private property in violation of
Removal; unlawful erection of sign
this section 4.15, the zoning administrator shall order the owner or lessee of the property on which the sign
is located to remove the sign within a time period determined by the zoning administrator to be appropriate
under the circumstances. If the owner or lessee fails to comply with the order, the zoning administrator
may cause the sign to be removed or initiate such other action as may be necessary to compel compliance
with the provisions of this section 4.15. If a sign is erected on public property, including a public right-of-way
in violation of this section 4.15, any county employee may immediately remove the sign without prior notice
to the owner of the sign.
C.. If the use of a structure or
Removal of copy on sign face; discontinuance of pertinent use
property is discontinued, the copy on each sign face pertaining to that use shall be removed by the owner or
lessee of the property on which the sign is located within two (2) years from the date of the discontinuance
of the use. If the owner or lessee fails to remove the copy, the zoning administrator may cause the copy to
be removed or initiate such other action as may be necessary to compel compliance with the provisions of
this section 4.15.
D.. If the zoning administrator causes a sign or copy on
Liability for cost of removal by county
a sign face to be removed under the provisions of this section, the cost of such removal shall be chargeable
to the owner of the sign or the owner or lessee of the property on which the sign is located.
E.. Cardboard and paper signs that have been
Custody and destruction of removed signs
removed by the county pursuant to this section shall be destroyed upon removal. All other signs which
have been removed by the county shall be held for a period of thirty (30) days and may be reclaimed by the
sign owner within that time by reimbursing the county for the costs of removal. If such a sign is not
reclaimed within the thirty (30)-day period, it shall be deemed to have been forfeited by the owner and shall
be destroyed.
(12-10-80; 7-8-92, § 4.15.09.4 (part); Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
May 9, 2001 (Regular Night Meeting)
(Page 24)
Sec. 4.15.24 Nonconforming signs.
A nonconforming sign may continue, subject to the provisions, conditions and prohibitions set forth
herein:
A.. The copy of a nonconforming sign may be altered by refacing the sign
Alteration of copy
by or for the current owner of the establishment to which the sign pertains.
B.. A nonconforming sign shall not be structurally altered;
Alteration of sign structure
provided that the zoning administrator may authorize a nonconforming sign to be structurally altered so that
it is less nonconforming and further provided that each time the nonconforming sign is structurally altered,
the sign area and sign height shall be reduced by at least twenty-five (25) percent of its current area and
height until the sign area and the sign height are conforming.
C.. Two or more nonconforming signs on a lot may be consolidated into a
Consolidation
single sign; provided that the resulting sign area and sign height shall be reduced by at least twenty-five (25)
percent of its current area and height until the sign area and the sign height are conforming, and further
provided that each time the resulting nonconforming sign is thereafter consolidated with another
nonconforming sign on the lot, the resulting sign area and sign height shall be reduced by at least twenty-
five (25) percent of its current area and height, until the sign area and the sign height are conforming. A
sign resulting from the consolidation of nonconforming signs shall not have greater sign height than any of
the signs that were consolidated.
D.. A nonconforming sign without copy on its sign face
Discontinuance of copy on sign face
for a continuous period of two (2) years shall lose its nonconforming status and be removed by the owner of
the property on which the sign is located.
E.. A nonconforming sign shall lose
Discontinuance of use or structure to which sign pertains
its nonconforming status and be removed by the owner of the property on which the sign is located if the
use to which the sign pertains is discontinued for more than two (2) years.
F.. A nonconforming sign shall not be enlarged or extended.
Enlargement or extension
G.. A nonconforming sign shall be maintained in good repair and condition.
Maintenance
H.. A nonconforming sign shall not be moved to another location on the same lot
Relocation
or to any other lot; provided that the zoning administrator may authorize a nonconforming sign to be moved
to a location that is more in compliance with the purpose and intent of this section 4.15.
I.. A nonconforming sign may be replaced or restored only as
Replacement or restoration
provided below:
1. A nonconforming sign that is destroyed or damaged by the owner of the sign or
the owner of the lot on which the sign is located shall not be replaced or restored unless it complies with
this section 4.15.
2.A nonconforming sign that is destroyed or damaged as a result of factors beyond
the control of the owner of the sign and the owner of the lot on which the sign is located, to an extent the
destruction or damage exceeds fifty (50) percent of its appraised value, shall not be replaced or restored
unless it complies with this section 4.15.
3.A nonconforming sign that is destroyed or damaged as a result of factors beyond
the control of the owner of the sign and the owner of the lot on which the sign is located, to an extent the
destruction or damage is fifty (50) percent or less of the appraised value, may be replaced or restored
provided that the replacement or restoration is completed within two (2) years after the date of the
destruction or damage, and the sign is not enlarged or extended.
J.. A nonconforming sign declared to be unsafe by a public
Removal if in unsafe condition
safety official because of the physical condition of the sign, including an unsafe physical condition arising
from the failure of the sign to be maintained, shall be removed.
K. . The owner of any property on which there is erected a
Registry of nonconforming signs
nonconforming sign shall, upon notice from the zoning administrator, submit verification within sixty (60)
days that the sign was lawfully in existence at the time of adoption of these sign regulations. The zoning
administrator shall maintain a registry of such nonconforming signs.
(12-10-80; 7-8-92, §§ 4.15.09.5, 4.15.10; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 5.2.2 Regulations governing home occupations.
Sec. 5.2.2.1 The following regulations shall apply to any home occupation:
a.Such occupation may be conducted either within the dwelling or an accessory structure, or
both, provided that not more than twenty- five (25) percent of the floor area of the dwelling shall be used in
May 9, 2001 (Regular Night Meeting)
(Page 25)
the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory
structure, or both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet;
provided that the use of accessory structures shall be permitted only in connection with home occupation,
Class B;
b.There shall be no change in the outside appearance of the buildings or premises, or other
visible evidence of the conduct of such home occupation; provided that a home occupation, Class B, may
erect one home occupation Class B sign as authorized by section 4.15 of this chapter. Accessory
structures shall be similar in facade to a single-family dwelling, private garage, shed, barn or other structure
normally expected in a rural or residential area and shall be specifically compatible in design and scale with
other development in the area in which located. Any accessory structure which does not conform to the
setback and yard regulations for main structures in the district in which it is located shall not be used for any
home occupation;
c.There shall be no sales on the premises, other than items hand crafted on the premises, in
connection with such home occupation; this does not exclude beauty shops or one-chair barber shops;
d.No traffic shall be generated by such home occupation in greater volumes than would
normally be expected in a residential neighborhood, and any need for parking generated by the conduct of
such home occupation shall be met off the street;
e.All home occupations shall comply with performance standards set forth in section 4.14;
f.Tourist lodging, nursing homes, nursery schools, day care centers and private schools
shall not be deemed home occupations.
Sec. 5.2.2.2 Prior to issuance of clearance for any home occupation, the zoning administrator shall require
the applicant to sign an affidavit stating his clear understanding of and intent to abide by the foregoing
regulations.
(12-10-80, § 5.2.2; Ord. 01-18(3), 5-9-01)
Article III. District Regulations
Sec. 21.7 Minimum yard requirements.
Sec 21.7.1.
Adjacent to public streets: No portion of any structure, excluding signs, shall be erected closer than
thirty (30) feet to any public street right-of-way. No off-street parking or loading space shall be located
closer than ten (10) feet to any public street right-of-way.
(12-10-80, § 21.7.1; 7-10-85; 9-9-92; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 30.6.2 Application.
The entrance corridor overlay district is created to conserve elements of the county's scenic beauty
and to preserve and protect corridors: (i) along arterial streets or highways, designated as such pursuant to
Title 33.1 of the Virginia Code, found by the board of supervisors to be significant routes of tourist access to
the county; (ii) to historic landmarks as established by the Virginia Landmarks Commission together with
any other buildings or structures within the county having an important historic, architectural or cultural
interest and any historic areas within the county as defined by Virginia Code § 15.2-2201 ; or (iii) to
designated historic landmarks, buildings, structures or districts in any contiguous locality.
a. An entrance corridor overlay district may be established over any basic zoning district
and/or any other overlay district, and upon the highways and their rights-of-way identified in subsection (c)
(the “EC streets”), regardless of whether such EC streets are otherwise within a zoning district.
b.Entrance corridor overlay districts are hereby established upon the parcels of land
contiguous to the EC streets delineated in subsection (c), from the edge of the right-of-way to the greater of
either: (i) the full depth of the parcel, as the parcel existed on the original adoption date of section 30.6; or
(ii) a depth of five hundred (500) feet.
c.Subject to subsection (b), entrance corridor overlay districts are hereby established upon
and along the following highways:
1.U.S. Route 250 East.
2.U.S. Route 29 North.
3.U.S. Route 29 South.
4.Virginia Route 20 South.
May 9, 2001 (Regular Night Meeting)
(Page 26)
5.Virginia Route 631 South from Charlottesville City limits to Route 708 and from
U.S. Route 29 North to Route 743. (Amended 11-14-90; Amended 4-12-00)
6.U.S. Route 250 West.
7.Virginia Route 6.
8.Virginia Route 151.
9.Interstate Route 64.
10.Virginia Route 20 North.
11.Virginia Route 22.
12.Virginia Route 53.
13.Virginia Route 231.
14.Virginia Route 240.
15.U.S. Route 29 Business.
16.U.S. Route 29/250 Bypass.
17.Virginia Route 654. (Added 11-14-90)
18.Virginia Route 742. (Added 11-14-90)
19.Virginia Route 649 from U.S. Route 29 North to Virginia Route 606.
(Amended 4-12-00)
20.Virginia Route 743 from U.S. Route 29 North to Virginia Route 676.
(Amended 4-12-00)
(Ord. 01-18(3), 5-9-01)
Sec. 30.6.3.2 By special use permit.
Each of the following uses are authorized within the entrance corridor overlay district only by
special use permit:
a.All uses authorized by special use permit in the underlying districts;
b.Outdoor storage, display and/or sales serving or associated with permitted uses, any
portion of which would be visible from an EC street; provided that review shall be limited to the intent of this
section 30.6. Residential, agricultural and forestal uses shall be exempt from this provision. (Amended 9-
9-92)
c.The construction or location of any structure, including any subdivision sign or sign
identifying a planned development as provided in section 4.15.16(I) of this chapter, upon the superjacent
and subjacent airspace of an EC street that is not required for the purpose of travel or other public use by
the Commonwealth of Virginia or other political jurisdiction owning such street.
(Ord. 01-18(3), 5-9-01)
Sec. 30.6.5 Signs.
In addition to the special use permit requirement for those signs identified in section 30.6.3.2, signs
within the entrance corridor overlay district shall be subject to the regulations set forth in section 4.15 of this
chapter. Notwithstanding any other provision of this section 30.6, the agent shall be authorized to issue
certificates of appropriateness for eligible signs under section 4.15.15. For such qualifying signs, the
provisions of sections 30.6.4, 30.6.7 and 30.6.8 shall apply to the agent as it does to the architectural review
board. (Amended 7-8-92)
(Ord. 01-18(3), 5-9-01)
____________________
Agenda Item No. 8. ZTA-2000-10. Appeal of Waivers, Modifications or Variation. PUBLIC
HEARING on an Ordinance to amend Chapter 18, Zoning, of The Albemarle County Code, §§ 4.2.5
Modification of regulations; § 4.10.3.1 Exceptions-excluded from application; § 4.12.7 Required off-street
loading space; §4.17.5 Modification, waiver or variation; § 4.18.07 Modification, waiver or variation; § 5.1
Supplementary regulations; & 32.3.10 Waiver, variation; substitution. The amendments are regarding
appeal of waivers, modifications or variances by the Planning Commission to the Board of Supervisors &
regarding waiver standards in § 4.2.5 Modification of Regulations. (Notice of this public hearing was
published in the Daily Progress on April 23 and April 30, 2001.)
May 9, 2001 (Regular Night Meeting)
(Page 27)
Mr. Cilimberg summarized the staff report. He noted that this is a procedural amendment. The
Planning Commission is delegated the authority to consider certain waivers of modification such as those
relating to critical slopes and the supplementary regulations in section 5.0. These requests are submitted in
conjunction with applications for subdivision plats, site plans and special use permits. Staff determined that
the procedure for appealing such waivers and modifications to the Board of Supervisors was unclear and
not uniform. The purpose of this ZTA is to establish a uniform procedure for appealing waivers and
modifications to the Board. Attachment C is the originally proposed ZTA and it allows two types of decisions
to be appealed by an applicant. One is the denial of the waiver or modification and the other is approval of
the waiver or modification with conditions objectionable to the applicant. The Planning Commission took
longer in its review of this because it was trying to address something non-procedural in the critical slopes
section, but determined that it would be best addressed under critical slope provisions which are currently
under review and will be coming to the Commission and Board in the near future. The ZTA is
recommended by the Planning Commission and staff for approval.
Ms. Thomas asked what sections 4.17.4 and 4.18.07 address since what is before the Board
modifies these two sections. Mr. Davis stated that one is the lighting ordinance. Ms. McCulley stated that
the other is the noise ordinance.
There being no further questions for staff, the public hearing was opened. With no one from the
public rising to speak, the public hearing was closed.
Mr. Dorrier asked if this amendment eliminates engineering considerations. Mr. Davis answered
that it does not. He noted that what is being recommended is a change in procedure, not a change to the
standards.
Mr. Martin moved adoption of ZTA-2000-10, an Ordinance to Amend Chapter 18, Zoning, article II,
Basic Regulations and Article IV, Procedure of The Code of the County of Albemarle, Virginia (Appeal of
Waivers, Modification or Variation). The motion was seconded by Ms. Humphris.
Roll was called, and the motion carried by the following recorded votes:
AYES:Ms. Humphris, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Mr. Dorrier.
NAYS:None.
(The adopted Ordinance is set out below:)
ORDINANCE NO. 01-18(4)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, AND
ARTICLE IV, PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article II, Basic Regulations, and Article IV, Procedure, are hereby amended and reordained as
follows:
By Amending:
Sec. 4.2.5Modification of regulations.
Sec. 4.10.3.1Exceptions – excluded from application.
Sec. 4.12.7Required off-street loading space.
Sec. 4.17.5 Modification, waiver or variation.
Sec. 4.18.07 Modification, waiver or variation.
Sec. 5.1Supplementary regulations.
Sec. 32.3.10 Waiver; variation; or substitution.
Chapter 18. Zoning
Article II. Basic Regulations
Sec. 4.2.5 Modification or waiver.
Any requirement of section 4.2 may be modified or waived in an individual case, as provided herein:
A.A developer requesting such modification or waiver shall file a written request in
accordance with section 32.3.10.4 of this chapter and shall in such request address each concern set forth
in section 4.2. No such modification or waiver shall be granted until the commission shall have considered
the recommendation of the agent. The agent in formulating such recommendation may consult with the
county engineer, Virginia Department of Health, water resources manager and other appropriate officials.
The county engineer shall evaluate the potential for soil erosion, sedimentation and water pollution in
accord with current provisions of the Virginia Department of Transportation Drainage Manual, the
Commonwealth of Virginia Erosion and Sediment Control Handbook and Virginia State Water Control
Board best management practices, and where applicable, Chapter 17, Water Protection of the Code.
B.The commission may modify or waive any requirement of section 4.2 in a particular case
upon finding that:
May 9, 2001 (Regular Night Meeting)
(Page 28)
1.Strict application of the requirements of section 4.2 would not forward the
purposes of this chapter or otherwise serve the public health, safety or welfare, or that alternatives
proposed by the developer would satisfy the purposes of section 4.2 to at least an equivalent degree; or
2.Due to its unusual size, topography, shape of the property, location of the property
or other unusual conditions, excluding the proprietary interest of the developer, the requirements of section
4.2 would effectively prohibit or unreasonably restrict the use of the property or would result in significant
degradation of the site or adjacent properties. Such modification or waiver shall not be detrimental to the
public health, safety or welfare, to the orderly development of the area, or to adjacent properties, or be
contrary to sound engineering practices; or
3.Granting such modification or waiver would serve a public purpose of greater
import than would be served by strict application of section 4.2.
C.In granting such modification or waiver, the commission may impose such conditions as it
deems necessary to protect the public health, safety or welfare and to insure that such development will be
consistent with the intent of section 4.2.
D.The board of supervisors shall consider a modification or waiver of any requirement of
section 4.2 only as follows:
1.The denial of a modification or waiver, or the approval of a modification or waiver
with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of
a denial of the plat, as provided in section 14-226 of the Code, or the site plan, as provided in sections
32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by
the commission in conjunction with an application for a special use permit shall be subject to review by the
board of supervisors.
2.In considering a modification or waiver, the board may grant or deny the
modification or waiver based upon the findings set forth in subsection (B), amend any condition imposed by
the commission, and impose any conditions it deems necessary for the reasons set forth in subsection (C).
(12-10-80; 11-15-89; Ord. 00-18(4), 5-9-01)
Sec. 4.10.3.1 Exceptions – excluded from application.
The structures identified below shall be subject to height limitations as follows:
A.The height limitations of this chapter not apply to barns, silos, farm buildings, agricultural
museums designed to appear as traditional farm buildings, residential chimneys, spires, flag poles,
monuments or transmission towers and cables, smokestacks, water tanks, and radio and television
antennas and towers.
B.Any structure identified in subsection (A), other than one now or hereafter located on an
existing public utility easement, shall not: (1) be located closer in distance to any lot line than the height of
the structure; and (2) within a residential district, exceed one hundred (100) feet in height.
C.The commission may modify or waive either requirement of subsection (B) in an individual
case if it determines that the public health, safety or welfare would be equally or better served by the
modification or waiver. In granting such modification or waiver, the commission may impose such
conditions as it deems necessary to protect the public health, safety or welfare.
D.The board of supervisors shall consider a modification or waiver of this subsection only as
follows:
1.The denial of a modification or waiver, or the approval of a modification or waiver
with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of
a denial of the plat, as provided in section 14-226 of the Code, or the site plan, as provided in sections
32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by
the commission in conjunction with an application for a special use permit shall be subject to review by the
board of supervisors.
2.In considering a modification or waiver, the board may grant or deny the
modification or waiver based upon the finding set forth in subsection (C), amend any condition imposed by
the commission, and impose any conditions it deems necessary for the reasons set forth in subsection (C).
(12-10-80; 12-20-89; Ord. 00-18(4), 5-9-01)
Sec. 4.12.7 Required off-street loading space.
Off-street loading space shall be provided as follows:
A.All off-street loading space shall be provided on the same lot with the use to which it is
appurtenant.
May 9, 2001 (Regular Night Meeting)
(Page 29)
B.Off-street loading space shall be provided in addition to and exclusive of the parking
requirement on the basis of:
1.One (1) space for each eight thousand (8,000) square feet of retail gross leasable
area.
2.One (1) space for each eight thousand (8,000) square feet of office space.
3.One (1) space for each ten thousand (10,000) square feet of industrial floor area.
C.Additional loading spaces may be required based upon commission review of the site plan.
D.Such off-street loading space shall be a minimum of twelve (12) feet in width, fourteen and
one-half (14 1/2) feet in clearance height and a depth sufficient to accommodate the largest delivery trucks
serving the establishment, but in no case shall such length be less than twenty-five (25) feet.
E.All loading and unloading berths shall be surfaced with a bituminous or other dust free
surface, and shall be designed so that no part of any vehicle shall extend over any property line, right-of-
way line, sidewalk, driveway or aisle space.
F.The requirements of section 4.12.7 may be modified or waived in an individual case if the
commission finds that the public health, safety or welfare would be equally or better served by such
modification or waiver; that such modification or waiver would not be a departure from sound engineering
and design practice; and that such modification or waiver would not otherwise be contrary to the purpose
and intent of this chapter. In granting such modification or waiver, the commission may impose such
conditions as it deems necessary to protect the public health, safety or welfare.
G.The board of supervisors shall consider a modification or waiver of this subsection only as
follows:
1.The denial of a modification or waiver, or the approval of a modification or waiver
with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of
a denial of the plat, as provided in section 14-226 of the Code, or the site plan, as provided in sections
32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by
the commission in conjunction with an application for a special use permit shall be subject to review by the
board of supervisors.
2.In considering a modification or waiver, the board may grant or deny the
modification or waiver based upon the finding set forth in subsection (F), amend any condition imposed by
the commission, and impose any conditions it deems necessary for the reasons set forth in subsection (F).
(12-10-80; Ord. 00-18(4), 5-9-01)
Sec. 4.17.5 Modification or waiver.
Any standard of section 4.17.4 may be modified or waived in an individual case, as provided herein:
A.The commission may modify or waive any standard set forth in section 4.17.4 in an
individual case, and the commission may impose conditions on such a modification or waiver which it
deems appropriate to further the purposes of these outdoor lighting regulations, in either of the following
circumstances:
1. Upon finding that strict application of the standard would not forward the
purposes of this chapter or otherwise serve the public health, safety or welfare, or that alternatives
proposed by the owner would satisfy the purposes of these outdoor lighting regulations at least to an
equivalent degree.
2.Upon finding that an outdoor luminaire, or system of outdoor luminaires, required
for a baseball, softball, football or soccer field cannot reasonably comply with the standard and provide
sufficient illumination of the field for its safe use, as determined by recommended practices adopted by the
Illuminating Engineering Society of North America for that type of field and activity or other evidence if a
recommended practice is not applicable.
B.Prior to considering a request to modify or waive, five (5) days’ written notice shall be
provided to the owner, owner’s agent or occupant of each abutting lot or parcel and each parcel
immediately across the street or road from the lot or parcel which is the subject of the request. The written
notice shall identify the nature of the request and the date and time the commission will consider the
request.
C.The board of supervisors shall consider a modification or waiver of this section only as
follows:
1.The denial of a modification or waiver, or the approval of a modification or waiver
with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of
a denial of the plat, as provided in section 14-226 of the Code, or the site plan, as provided in sections
32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by
May 9, 2001 (Regular Night Meeting)
(Page 30)
the commission in conjunction with an application for a special use permit shall be subject to review by the
board of supervisors.
2.In considering a modification or waiver, the board may grant or deny the
modification or waiver based upon the finding set forth in subsection (A), amend any condition imposed by
the commission, and impose any conditions it deems necessary for the reasons set forth in subsection (A).
Otherwise, neither the grant nor denial of a modification or waiver may be appealed to the board.
(Ord. 98-18(1), 8-12-98; Ord. 00-18(4), 5-9-01)
Sec. 4.18.07 Modification or waiver.
Any standard of section 4.18.04 may be modified or waived in an individual case, as provided
herein:
A.The commission may modify or waive the standard set forth in section 4.18.04 in a
particular case upon finding that strict application of the standard would cause undue hardship and not
forward the purposes of this chapter or otherwise serve the public health, safety or welfare, or that
alternatives proposed by the owner would satisfy the purposes of this section 4.18 at least to an equivalent
degree.
B.The commission may impose conditions on the modification or waiver that it deems
appropriate to further the purposes of this chapter.
C.Prior to considering a request to modify or waive, five (5) days’ written notice shall be
provided to the owner, owner’s agent or occupant of each abutting lot or parcel and each parcel
immediately across the street or road from the lot or parcel which is the subject of the request. The written
notice shall identify the nature of the request and the date and time the commission will consider the
request.
D.The board of supervisors shall consider a modification or waiver of any standard of section
4.18.04 only as follows:
1.The denial of a modification or waiver, or the approval of a modification or waiver
with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of
a denial of the plat, as provided in section 14-226 of the Code, or the site plan, as provided in sections
32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by
the commission in conjunction with an application for a special use permit shall be subject to review by the
board of supervisors.
2.In considering a modification or waiver, the board may grant or deny the modification or
waiver based upon the finding set forth in subsection (A), amend any condition imposed by the commission,
and impose any conditions it deems necessary for the reasons set forth in subsection (B).
(Ord. 00-18(3); Ord. 00-18(4), 5-9-01)
State law reference – Va. Code § 15.2-2280.
Sec. 5.1 Supplementary regulations.
The following supplementary regulations apply to referenced uses in all districts whether or not
such uses are permitted by right or by special use permit. These supplementary regulations are in addition
to all other requirements of this chapter, the Code, and all other applicable laws. Any requirement of
section 5.0 may be modified or waived in an individual case, as provided herein:
A.The commission may modify or waive any such requirement upon a finding that such
requirement would not forward the purposes of this chapter or otherwise serve the public health, safety, or
welfare; or that a modified regulation would satisfy the purposes of this chapter to at least an equivalent
degree as the specified requirement; except that, in no case, shall such action constitute a modification or
waiver of any applicable general regulation set forth in section 4.0 or any district regulation. In granting such
modification or waiver, the commission may impose such conditions as it deems necessary to protect the
public health, safety, or welfare.
B.The board of supervisors shall consider a modification or waiver of any requirement of
section 5.0 only as follows:
1.The denial of a modification or waiver, or the approval of a modification or waiver
with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of
a denial of the plat, as provided in section 14-226 of the Code, or the site plan, as provided in sections
32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by
the commission in conjunction with an application for a special use permit shall be subject to review by the
board of supervisors.
2.In considering a modification or waiver, the board may grant or deny the
modification or waiver based upon the finding set forth in subsection (A), amend any condition imposed by
the commission, and impose any conditions it deems necessary for the reasons set forth in subsection (A).
May 9, 2001 (Regular Night Meeting)
(Page 31)
(12-10-80; 9-9-92; Ord. 00-18(4), 5-9-01)
Article IV. Procedure
Sec. 32.3.10 Modification, waiver or substitution.
Any requirement of section 32.7 may be modified, waived, or substituted, in an individual case, as
provided herein:
A.The commission may modify, waive or accept substitution for any requirement of section
32.7 in a particular case upon a finding that requiring such improvement would not forward the purposes of
this chapter or otherwise serve the public health, safety or welfare; or in the case of substitution, that such
alternative would satisfy the purposes of this chapter to at least an equivalent degree as the required
improvement.
B.Whenever, because of unusual size, topography, shape of the property, location of the
property or other unusual conditions, excluding the proprietary interests of the developer, strict application
of the requirements of section 32.7 would result in significant degradation of the site or adjacent properties,
the requirement may be modified or waived by the commission; provided that such modification or waiver
shall not be detrimental to the public health, safety or welfare, to the orderly development of the area, to
sound engineering practices, or to adjacent properties.
C.Upon finding in any case that by substituting technique, design or materials of comparable
quality, but differing from those required by section 32.7, a developer would achieve results which
substantially satisfy the overall purposes of this chapter in a manner equal to or exceeding the desired
effects of the requirement in section 32.7, the commission may approve such substitution of technique,
design or materials.
D.A developer requesting a modification, waiver or substitution pursuant to this section shall
file with the agent a written request which shall state reasons and justifications for such request together
with such alternatives as may be proposed by the developer. Such request shall be submitted prior to
commission consideration of the preliminary or final plan, but no later than the site review committee
revision deadline. No such request shall be considered by the commission until the commission has
considered the recommendation of the agent. The agent may recommend approval, approval with
conditions or denial. A recommendation of approval or conditional approval shall be accompanied by a
statement from the agent as to the public purpose served by such recommendation, particularly in regard to
the purpose and intent of this chapter, the subdivision ordinance, and the comprehensive plan.
E.In granting such modification, waiver or substitution, the commission may impose such
conditions as it deems necessary to protect the public health, safety or welfare.
F.The board of supervisors shall consider a modification, waiver or substitution of any
requirement of section 32.7 only as follows:
1.The denial of a modification, waiver or substitution, or the grant of such application
with conditions objectionable to the developer, may be appealed to the board of supervisors as an appeal
of a denial of such site plan, as provided in sections 32.4.2.7 or 32.4.3.9, as applicable.
2.In considering a modification, waiver or substitution, the board may either grant or
deny the modification, waiver or substitution based upon the findings set forth in subsection (A), (B) or (C),
as applicable, and may impose any conditions it deems necessary for the reasons set forth in subsection
(E).
(5-1-87, § 32.3.11.4; Ord. 00-18(4), 5-9-01)
Agenda Item No. 9. STA-2000-01. Subdivision Ordinance. PUBLIC HEARING on an Ordinance to
amend Chapter 14, Subdivision of Land, of The Albemarle County Code, by amending § 14-206,
Subdivisions, & § 14-213, General, to establish procedures for reviewing & approving subdivisions that
would result in not more than 2 lots w/in RA & VR zoning districts. (Notice of this public hearing was
published in the Daily Progress on April 23 and April 30, 2001.)
Mr. Cilimberg summarized the staff report. He said that this is a housekeeping item. In 1998 (sic)
when wholesale amendments to the Subdivision Ordinance were undertaken there were some changes
that were inadvertently made to the procedures for two lot subdivisions in the Rural Areas and Village
Residential zoning districts. Prior to the change, those items were reviewed administratively. There is no
record of any deliberate intent by staff, the Commission or the Board to remove these provisions. The
volume of such two lot subdivisions processed by staff would make meeting the full subdivision
requirements very staff intensive. It would also subject such subdivisions to preliminary and final plat
procedures that would extend their processing times by weeks and in many cases months. Staff’s opinion
is that such requirements are unnecessary and there was not any change in circumstance in 1998 (sic) or
since that warrants the procedure for processing these subdivisions to be changed from the administrative
procedure. Staff has developed subdivision ordinance amendment language that will restore administrative
approval of two lot subdivisions in the Rural Areas and the Village Residential zoning districts while
maintaining the long established and expected level of review for such subdivisions. The Planning
Commission and Staff recommend approval.
May 9, 2001 (Regular Night Meeting)
(Page 32)
There being no questions for staff, the public hearing was opened. With no one from the public
rising to speak, the public hearing was closed.
Mr. Martin moved adoption, of STA-2000-01, an Ordinance to Amend Article II, Administration and
Procedure, of Chapter 14, Subdivision of Land, of The Code of the County of Albemarle (Subdivision
Ordinance). The motion was seconded by Ms. Humphris.
Roll was called, and the motion carried by the following recorded votes:
AYES:Ms. Humphris, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Mr. Dorrier.
NAYS:None.
(The adopted Ordinance is set out below:)
ORDINANCE NO. 01-14(1)
AN ORDINANCE TO AMEND ARTICLE II, ADMINISTRATION AND PROCEDURE, OF CHAPTER 14,
SUBDIVISION OF LAND, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Article II,
Administration and Procedure, of Chapter 14, Subdivision of Land, is hereby amended and reordained as
follows:
By Amending:
Sec. 14-206 Subdivisions.
Sec. 14-213General.
Chapter 14
Subdivision of Land
Article II. Administration and Procedure
Sec. 14-206 Subdivisions.
The following sections of this chapter shall apply to each subdivision, when applicable:
A. : Sections 14-100 through 14-108.
General
B. : Sections 14-200 through 14-204, and 14-213 through 14-
Administration and procedure
240, as applicable; provided that subdivisions that would result in not more than two (2) lots within the Rural
Areas (RA) or Village Residential (VR) zoning districts shall be subject to the procedures set forth in section
14-213(C).
C. : Sections 14-300 through 14-315, as
Plat requirements and documents to be submitted
applicable.
D. : Sections 14-400 through 14-417.
Minimum improvements
E. : Sections 14-500 through 14-526.
Design requirements
(Ord. 98-A(1), 7-15-98)
Sec. 14-213General.
Each preliminary and final plat shall be submitted, reviewed and approved as provided in this
division 4, subject to the following:
A. A subdivider is not required to submit and obtain approval
Preliminary plat not mandatory.
of a preliminary plat before submitting and seeking approval of a final plat. However, the agent may require
the submittal of all information required by section 14-302 if such information is deemed by the agent to be
necessary for review of the final plat.
B.
Disapproval of plats posing danger to public health, safety or welfare, or fail to meet sound
. The agent is not required by any provision of this chapter to approve any final plat, or
engineering practices
any development, use, plan or feature thereof, which he finds to constitute a danger to public health, safety
or welfare, or which he determines to be a departure from or a violation of sound engineering design or
standards.
C.. Subdivisions that would result in not more than
Procedure for certain two-lot subdivisions
two (2) lots within the Rural Areas (RA) or Village Residential (VR) zoning districts shall be reviewed,
approved and subject to procedures as provided herein:
1.. The subdivider shall submit a plat for review and approval by the
Submittal of plat
May 9, 2001 (Regular Night Meeting)
(Page 33)
agent.
2.. Within sixty (60) days after submittal of the
Review and approval of plat by agent
plat, the agent shall determine whether it complies with the applicable requirements of this chapter. The
agent may request that any department, agency or authority review the plat and forward its comments to
him. If the agent determines that the plat complies with the applicable requirements of this chapter, he
shall approve the plat.
(a)If the agent determines that the plat does not comply with the applicable
requirements of this chapter, he shall inform the subdivider in writing of the reasons for the denial, with
citation to the applicable section of this chapter or other law, and what corrections or modifications will
permit approval. The agent shall either mail the notice of denial by first class mail, or personally deliver it,
to the subdivider.
(b)If the plat requires approval by any agency, department or authority other
than the county, and no evidence is provided at the time the plat is submitted that such approval has been
obtained, the agent shall approve or deny the plat as provided herein within thirty-five (35) days after receipt
of approval from the department, agency or authority provided that the plat shall be approved or denied not
later than ninety (90) days after resubmittal of the plat.
3.. The procedures for other approvals
Procedures for other approvals related to plat
related to the plat shall be as provided in sections 14-232 through 14-240.
4.. The disapproval of a plat may be appealed as
Appeal of disapproval of plat
provided in section 14-226.
5.. An approved plat shall
Period of validity of approved plat, and extension thereof
be valid for the periods provided in section 14-229, and the period of validity may be extended as provided
in section 14-231.
(9-5-96, 5-5-82, 8-28-74 (§ 8); 1988 Code, § 18-54; Ord. 98-A(1), 7-15-98)
State law reference--Va. Code § 15.2-2241(9).
Agenda Item No. 10. PUBLIC HEARING on an Ordinance to amend Article I, Elections, of Chapter
2, Administration, of the Albemarle County Code (Albemarle County Code § 2-100 .) The proposed
et seq
ordinance establishes by description the revised boundaries of the six magisterial districts named and
bounded, as also shown on a certain map entitled “Proposed Magisterial Districts and Voting Precincts –
Plan C,” dated April 23, 2001 and prepared by the Albemarle County Office of Mapping, Graphics and
Information Resources. The proposed ordinance also describes the voting precincts and identifies the
polling places within each of the six magisterial districts. The magisterial districts also shall be the election
districts for the County within the meaning of Virginia Code § 15.2-1211. (Notice of this public hearing was
published in the Daily Progress on ).
Mr. Davis summarized the proposed ordinance stating that it is a document which incorporates
th
Plan C which was recommended by the Board for public hearing on April 4. He noted that the map of
proposed Plan C is located behind Mr. Dorrier and represents a plan which staff has determined meets the
Board’s guidelines which were adopted by the Board for both district precincts and polling places. All of the
districts have met the population requirements proposed by law and staff would recommend at the
conclusion of the public hearing that the ordinance be adopted. He noted that there is one change to the
draft ordinance. On page 5, regarding the Northside Precinct polling place, the Registrar in conjunction
with the Electoral Board, was trying to quickly come to conformation of all of the polling places that have
been changed. This polling place is one which the Electoral Board today has recommended be changed.
Instead of the Laurel Hill Baptist Church it would be the Northside Community Fellowship Church at 1820
Airport Road. The reason for this change is that, upon inspection, the Laurel Hill Church was not in
compliance with all of the ADA requirements that were necessary to have public access and it would be too
much of a hardship to try to conform that site.
Mr. Martin asked if that is the site of the old Maupin’s Grocery Store. Ms. Jackie Harris, County
Registrar, answered "yes".
Ms. Thomas thanked staff for coming up with a nice name for what was previously the Sunset
Avenue Extended Precinct. It is now going to be the Country Green Precinct.
The Chairman then opened the public hearing. With no one from the public rising to speak, the
public hearing was closed.
Ms. Thomas stated that the only comment she has heard from the public is regarding what
appeared to be a lot of work to keep Steve Koleszar in his district. That was accomplished and was worth
doing. Mr. Martin said he felt that the reason the Board had not heard much on this issue is because a lot
of people have not identified themselves on a map so there is not a lot of interest at this time. He believes
the Board will hear more in November. Ms. Humphris stated that Ms. Harris will be sending out new voter
cards. Ms. Thomas stated that the newspaper never printed a map other than what the Board had in its
public notice.
May 9, 2001 (Regular Night Meeting)
(Page 34)
Ms. Thomas asked if it is possible for residents of Heards and Covesville to get to Red Hill School
in 20 minutes. Ms. Harris responded that staff has driven the entire County and done test runs. Staff feels
that with the access from Route 29 the criteria has been met. The Crozet area is the only area that was
expanded. Staff is pleased at the fact that residents of the Crozet area are now able to vote north of the
town of Crozet.
Mr. Martin suggested that when notice goes out regarding the Northside Community Fellowship
location, it include the language “old Maupin’s Store.” Ms. Harris stated that staff has identified that
mailings will go out to just under 30,000 voters in Albemarle County based on this redistricting and what has
happened at the state level. In that mailing each voter will receive a new voter card and an insert giving
more description of the changes made. Mr. Bowerman asked if a small map would be included. Ms. Harris
stated that there probably would be a small map included. She added that when the changes were made
last year to the Batesville, the Monticello and the Commonwealth precincts, staff included language and a
small map. Ms. Thomas stated that she did not feel that there could be too many signs on Election Day.
Mr. Davis stated, for the record, that staff has made great efforts to publicize the map and the
ordinance. In addition to the legal ads, the County placed two full display ads including a map in the
newspaper. A map and notice has been posted at each public building in the County advertising this public
hearing as well as the redistricting plan. There were also stories in the local newspapers. He feels that the
County has adequately advertised the changes and the proposed changes in the district lines and hopes
that the public has had an opportunity to review this plan. Mr. Martin agreed and stated that he did not
mean to insinuate that the County had not because he believes staff has done a great job. He did,
however, note that sometimes people are simply not interested. Mr. Dorrier stated that there has been
some competition with the school redistricting issue. Some people have said to him that they thought the
redistricting article in the paper referred to the schools. Mr. Tucker acknowledged that he could see how
people could get the two confused even though there is a map.
Ms. Thomas asked if there would be many split precincts with the state plan. Ms. Harris said that
she does anticipate a number of split precincts due to the County’s plan versus the state plan. There will be
some tiny splits in the White Hall District. The largest split will be in the newly created Brownsville District.
The Brownsville District will be literally split in half because the state has picked up what was formerly the
Crozet Precinct. There will be a House of Delegates split there as well as a State Senate split in this
District. There will be a handful of voters around Free Union that will be affected. The area that will see the
biggest split will be around Free Bridge. The County has taken what was the Free Bridge Precinct and
th
modified it fairly dramatically. Free Bridge was one of those precincts picked up in the 57 House of
Delegates District. That change is going to create surrounding splits. What is now Free Bridge will remain
in tact. However, the pieces that were removed from Free Bridge and moved elsewhere will create split
precincts contiguous to Free Bridge. There will be a few others, mostly minor modifications. The most
frequent occurrence of splits will be in the Rivanna District. Ms. Harris went on to state that staff would be
working next year with the General Assembly to amend both County and state lines to come to some sort of
mutual agreement to eliminate all of the split precincts. But for this November's election, the County will be
working with splits. Mr. Davis stated that the hope is that the state will conform generally to the County’s
lines given that the state’s population numbers are less likely to be affected than the County’s in those types
of adjustments.
Ms. Harris stated that staff will be mailing individual notices to voters in the last week of July or first
week of August. Staff also hopes to put forth a media push on behalf of the Registrar’s Office to encourage
people to think about the election in September. September is a key month because elections are close
and staff knows about configurations at that time but it is before the close of books. Staff found that in this
past November’s election, they fielded some 6,000 calls in the Registrar's office. Staff is looking for ways to
divert some of those calls. Staff ‘s goal is to get the notices of precinct and polling place changes out
st
following the approval by the Justice Department. Should there be an August 21 primary the notice would
need to go out 15 days prior to that. Ms. Thomas asked when staff anticipated the filing deadline to be for
st
candidates. Ms. Harris replied August 21. There will be a truncated absentee balloting period.
Ms. Humphris thanked staff for helping her get through the description of her district. A special
thanks to Tex, Damon, Mr. Davis and Mr. Tucker.
Ms. Humphris moved adoption of an Ordinance to amend Article I, Elections of Chapter 2,
Administration of the Albemarle County Code to be effective June 13, 2001. The motion was seconded by
Mr. Bowerman.
Roll was called, and the motion carried by the following recorded votes:
AYES:Ms. Humphris, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Mr. Dorrier.
NAYS:None.
Ms. Thomas thanked staff for an amazing job.
(The adopted Ordinance is set out in full below:)
ORDINANCE NO. 01-2(1)
AN ORDINANCE TO AMEND CHAPTER 2, ADMINISTRATION, ARTICLE I, ELECTIONS, OF THE CODE
OF THE COUNTY OF ALBEMARLE, VIRGINIA
May 9, 2001 (Regular Night Meeting)
(Page 35)
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 2,
Administration, Article I, Elections, is hereby amended and reordained as follows:
By Adding:
Sec. 2-100Establishment and boundaries of magisterial districts, election districts, precincts
and polling places.
Sec. 2-101 Jack Jouett Magisterial District.
Sec. 2-102 Rio Magisterial District.
Sec. 2-103 Rivanna Magisterial District.
Sec. 2-104 Samuel Miller Magisterial District.
Sec. 2-105 Scottsville Magisterial District.
Sec. 2-106 White Hall Magisterial District.
By Repealing:
Sec. 2-100 Establishment and boundaries of magisterial and election districts.
Sec. 2-101 Voting precincts--Rio Magisterial District.
Sec. 2-102 Voting precincts--Jack Jouett Magisterial District.
Sec. 2-103 Voting precincts--Rivanna Magisterial District.
Sec. 2-104 Voting precincts--Samuel Miller Magisterial District.
Sec. 2-105 Voting precincts--Scottsville Magisterial District.
Sec. 2-106 Voting precincts--White Hall Magisterial District.
Sec. 2-107 Establishment of voting facilities.
By Amending:
Sec. 2-108 Central absentee voter election district.
ARTICLE I. ELECTIONS
Sec. 2-100 Establishment and boundaries of magisterial districts, election districts, precincts and
polling places.
The county shall be divided into six (6) magisterial districts, which shall be named and bounded as
described in this article, and which shall be the election districts for the county within the meaning of Virginia
Code § 15.2-1211. Each election district shall contain voting precincts and polling places as described in
this article.
Sec. 2-101 Jack Jouett Magisterial District.
The Jack Jouett Magisterial District shall be bounded, and contain voting precincts and
polling places, as follows:
A.: Beginning at the intersection of Seminole Trail (U.S. Route 29) and
Description of district
Greenbrier Drive; then northwest on Greenbrier Drive to its intersection with Whitewood Road; then west on
Whitewood Road to its intersection with Hydraulic Road (State Route 743); then northeast along Hydraulic
Road to its intersection with Earlysville Road (State Route 743); then north on Earlysville Road to its
intersection with the South Fork Rivanna River; then meandering north and west along the South Fork
Rivanna River to its confluence with the Mechums River; then meandering southwest along the Mechums
River to its intersection with Garth Road (State Routes 614, 676 and 601); then east and south on Garth
Road to its intersection with Ivy Creek; then west and south along Ivy Creek to its intersection with Old
Ballard Road (State Route 677); then south along Old Ballard Road to its intersection with Broomley Road
(State Route 677); then south on Broomley Road to its intersection with the CSX Railway right-of-way; then
east along the railway to its intersection with U.S. Route 29/250 Bypass; then south along the U.S. Route
29/250 Bypass to its intersection with U.S. Route 250 Business; then east on U.S. Route 250 Business to its
intersection with Reed Lane; then south on Reed Lane to Lewis Mountain Parkway; then south on Lewis
Mountain Parkway to its intersection with the fire road connecting Edgemont Road and Lewis Mountain
Parkway; then south along said fire road to its intersection with Edgemont Road; then south on Edgemont
Road to its intersection with McCormick Road; then east on McCormick Road to its intersection with
Alderman Road; then south on Alderman Road to its intersection with the limits of the City of Charlottesville;
then meandering north and east along the limits of the City of Charlottesville to its intersection with
Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with Greenbrier Drive, the
point of origin.
B.: The district shall be divided into three (3) voting precincts, as described
Voting precincts
herein:
1.: Beginning at the intersection of Seminole Trail (U.S. Route
Georgetown Precinct
29) and Greenbrier Drive; then northwest on Greenbrier Drive to its intersection with Whitewood Road; then
west on Whitewood Road to its intersection with Hydraulic Road (State Route 743); then south on Hydraulic
Road to its intersection with Georgetown Road (State Route 656); then southwest on Georgetown Road to
its intersection with Barracks Road (State Route 654); then southeast along Barracks Road to its
intersection with the western limits of the City of Charlottesville; then following the Charlottesville City limits
May 9, 2001 (Regular Night Meeting)
(Page 36)
north and east to the intersection of Seminole Trail (U.S. Route 29); then north on Seminole Trail to its
intersection with Greenbrier Drive, the point of origin.
2.: Beginning at the western limits of the City of Charlottesville
Jack Jouett Precinct
and its intersection with Barracks Road (State Route 654); then northwest along Barracks Road to its
intersection with Georgetown Road (State Route 656); then northeast on Georgetown Road to its
intersection with Hydraulic Road (State Route 743); then northeast along Hydraulic Road to its intersection
with Earlysville Road (State Route 743); then north on Earlysville Road to its intersection with the South
Fork Rivanna River; then meandering north and west along the South Fork Rivanna River to its confluence
with the Mechums River; then meandering southwest along the Mechums River to its intersection with Garth
Road (State Routes 614, 676, and 601); then east and south on Garth Road to its intersection with Ivy
Creek; then west and south along Ivy Creek to its intersection with Old Ballard Road (State Route 677);
then south along Old Ballard Road to its intersection with Broomley Road (State Route 677); then south on
Broomley Road to its intersection with the CSX Railway right-of-way; then east along the railway to its
intersection with U.S. Route 29/250 Bypass; then northeast on U.S. Route 29/250 Bypass to its intersection
with the western limits of the City of Charlottesville and Barracks Road, the point of origin.
3.: Beginning at the intersection of the U.S. Route 29/250
University Hall Precinct
Bypass and the northwestern city limits; then south with the city limits to its intersection with Alderman Road;
then north on Alderman Road to its intersection with McCormick Road; then west on McCormick Road to its
intersection with Edgemont Road; then northwest on Edgemont Road to its intersection with the fire road
connecting Edgemont Road and Lewis Mountain Parkway; then north on said fire road to its intersection
with Lewis Mountain Parkway; then north on Lewis Mountain Pkwy to its intersection with Reed Lane; then
north on Reed Lane to its intersection with U.S. Route 250 Business; then west on U.S. Route 250 Business
to its intersection with U.S. Route 29/250 Bypass; then northeast on U.S. Route 29/250 Bypass to its
intersection with the northwestern city limits, the point of origin.
C.: Each voting precinct shall have a polling place at the location identified
Polling places
below:
1.: Albemarle High School, 2775 Hydraulic Road.
Georgetown Precinct
2.: Jack Jouett Middle School, 210 Lambs Lane.
Jack Jouett Precinct
3.: University Hall, 300 Massie Road.
University Hall Precinct
(8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(2), § 2-
102; Ord. 01-2(1), 5-9-01)
Sec. 2-102 Rio Magisterial District.
The Rio Magisterial District shall be bounded, and contain voting precincts and polling places, as
follows:
A.: Beginning at the intersection of the South Fork Rivanna River and its
Description of district
intersection with the northeastern limits of the City of Charlottesville; then meandering north and west along
the South Fork Rivanna River to its intersection with Seminole Trail (U.S. Route 29); then northeast along
Seminole Trail to its intersection with the North Fork Rivanna River; then meandering along the North Fork
Rivanna River northwest to its intersection with Dickerson Road (State Route 606); then south along
Dickerson Road to its intersection with Earlysville Road (State Route 743); then northwest along Earlysville
Road to its intersection with Buck Mountain Road (State Route 663); then northwest along Buck Mountain
Road (State Route 663) to its intersection with Buck Mountain Road (State Route 664); then northwest
along Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route
665); then southwest along Buck Mountain Road (State Route 665) to its intersection with Bleak House
Road (State Route 662); then south along Bleak House Road to its intersection with Reas Ford Road (State
Route 660); then south along Reas Ford Road to its intersection with the South Fork Rivanna River; then
meandering southeast along the South Fork Rivanna River to its intersection with Earlysville Road (State
Route 743); then south along Earlysville Road to its intersection with Hydraulic Road (State Route 743);
then southwest along Hydraulic Road to its intersection with Whitewood Road; then east on Whitewood
Road to its intersection with Greenbrier Drive; then east on Greenbrier Drive to its intersection with Seminole
Trail (U.S. Route 29); then south on Seminole Trail to its intersection with the northern limits of the City of
Charlottesville; then following the limits of the City of Charlottesville east to its intersection with the South
Fork Rivanna River, the point of origin.
B.: The district shall be divided into five (5) voting precincts, as described
Voting precincts
herein:
1.: Beginning at Seminole Trail (U.S. Route 29) and its
Agnor-Hurt Precinct
intersection with Greenbrier Drive; then northeast along Seminole Trail to its intersection with the South
Fork Rivanna River; then meandering west and south along the South Fork Rivanna River to its intersection
with Earlysville Road (State Route 743); then south along Earlysville Road to its intersection with Hydraulic
Road (State Route 743); then southwest along Hydraulic Road to its intersection with Whitewood Road;
then east on Whitewood Road to its intersection with Greenbrier Drive; then east along Greenbrier Drive to
its intersection with Seminole Trail, the point of origin.
2.: Beginning at the northern city limits of Charlottesville and its
Branchlands Precinct
May 9, 2001 (Regular Night Meeting)
(Page 37)
intersection with Rio Road East (State Route 631) and the Southern Railroad right-of-way; then northwest
on Rio Road East to its intersection with Seminole Trail (U.S. Route 29); then south on Seminole Trail to the
northern city limits of Charlottesville; then east with the city limits to its intersection with the Southern
Railroad right-of-way and Rio Road East, the point of origin.
3.: Beginning at Rio Road East (State Route 631) at its intersection
Dunlora Precinct
with the Southern Railroad right-of way; then northeast along the Southern Railroad right-of-way to its
intersection with the South Fork Rivanna River; then meandering southeast along the South Fork Rivanna
River to its intersection with the Charlottesville City limits; then following northwest along the Charlottesville
City limits to the intersection with Rio Road East and the Southern Railroad right-of-way, the point of origin.
4.: Beginning at the intersection of Seminole Trail (U.S. Route 29)
Northside Precinct
and the South Fork Rivanna River; then northeast on Seminole Trail to its intersection with the North Fork
Rivanna River; then meandering northwest to its intersection with Dickerson Road (State Route 606); then
south along Dickerson Road to its intersection with Earlysville Road (State Route 743); then northwest
along Earlysville Road to its intersection with Buck Mountain Road (State Route 663); then northwest along
Buck Mountain Road (State Route 663) to its intersection with Buck Mountain Road (State Route 664); then
northwest along Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State
Route 665); then southwest along Buck Mountain Road (State Route 665) to its intersection with Bleak
House Road (State Route 662); then south along Bleak House Road to its intersection with Reas Ford
Road (State Route 660); then South along Reas Ford Road to its intersection with the South Fork Rivanna
River; then meandering eastward to its intersection with Seminole Trail (U.S. Route 29), the point of origin.
5.: Beginning at the northern city limits of Charlottesville and its
Woodbrook Precinct
intersection with Rio Road East (State Route 631) and the Southern Railroad right-of-way; then northeast
with the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River; then
meandering northwest with the South Fork Rivanna River to its intersection with Seminole Trail (U.S. Route
29); then south on Seminole Trail to its intersection with Rio Road East (State Route 631); then southeast
on Rio Road East to its intersection with the Southern Railroad right-of-way and the northern city limits of
Charlottesville, the point of origin.
C.: Each voting precinct shall have a polling place at the location identified
Polling places
below:
1.: Agnor-Hurt Elementary School, 3201 Berkmar Drive.
Agnor-Hurt Precinct
2.: Senior Center, 674 Hillsdale Drive.
Branchlands Precinct
3.: Charlottesville-Albemarle Technical Education Center, 1000
Dunlora Precinct
East Rio Road.
4.: Northside Community Fellowship Church, 1820 Airport Road.
Northside Precinct
5.: Woodbrook Elementary School, 100 Woodbrook Drive.
Woodbrook Precinct
(8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(1), § 2-
101; Ord. 01-2(1), 5-9-01)
Sec. 2-103 Rivanna Magisterial District.
The Rivanna Magisterial District shall be bounded, and contain voting precincts and
polling places, as follows:
A.: Beginning at the intersection of Interstate 64 and the Albemarle/
Description of district
Fluvanna County line; then northeast along the Albemarle/Fluvanna County line to its intersection with the
Albemarle/Louisa County line; then northeast along the Albemarle/Louisa County line to its intersection with
the Albemarle/Orange County line; then west along the Albemarle/Orange County line to its intersection
with the Albemarle/Greene County line; then west along the Albemarle/Greene County line to its
intersection with Seminole Trail (U.S. Route 29); then southwest on Seminole Trail to its intersection with
Dickerson Lane (State Route 763); then west on Dickerson Lane to its intersection with Dickerson Road
(State Route 606); then south on Dickerson Road to its intersection with the North Fork Rivanna River; then
southeast along the North Fork Rivanna River to its intersection with Seminole Trail (U.S. Route 29); then
south along Seminole Trail to its intersection with the South Fork Rivanna River; then meandering southeast
along the South Fork Rivanna River to its confluence with the North Fork Rivanna River and Rivanna River;
then meandering southeast along the Rivanna River to its intersection with Interstate 64; then following
Interstate 64 east to its intersection with the Albemarle/Fluvanna County line, the point of origin.
B.: The district shall be divided into five (5) voting precincts, as described
Voting precincts
herein:
1.: Beginning at the intersection of Seminole Trail (U.S. Route 29)
Burnley Precinct
and the Albemarle/Greene County line; then southeast along the Albemarle/Greene County line to its
intersection with the Albemarle/Orange County line; then southeast along the Albemarle/Orange County
line to its intersection with the Southern Railway right-of-way; then southwest along the Southern Railway
right-of-way to its intersection with the North Fork Rivanna River; then meandering northwest along the
North Fork Rivanna River to its intersection with Dickerson Road (State Route 606); then northeast on
May 9, 2001 (Regular Night Meeting)
(Page 38)
Dickerson Road to its intersection with Dickerson Lane (State Route 763); then east on Dickerson Lane to
Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with the Albemarle/Greene
County line, the point of origin.
2.: Beginning at the confluence of the Rivanna River and
Free Bridge Precinct
Redbud Creek; then east with Redbud Creek to its origin near the ridge of Wolfpit Mountain of the
Southwest Mountain range; then southwest with the ridge line of the Southwest Mountain range to its
intersection with the origin of Barn Branch; then southeast with Barn Branch to its intersection with Interstate
64; then west on Interstate 64 to its intersection with the Rivanna River; then meandering northwest with the
Rivanna River to its confluence with Redbud Creek, the point of origin.
3.: Beginning at the intersection of the Southern Railroad right-of-
Hollymead Precinct
way and the South Fork Rivanna River; then meandering northwest with the South Fork Rivanna River to its
intersection with Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with the
North Fork Rivanna River; then meandering southeast along the North Fork Rivanna River to its intersection
with the Southern Railroad right-of-way; then southwest with the Southern Railroad right-of-way to its
intersection with the South Fork Rivanna River, the point of origin.
4.: Beginning at the intersection of the Albemarle/Orange/
Keswick Precinct
Louisa County line; then southwest with the Albemarle/Louisa County line to its intersection with the
Albemarle/Fluvanna County line; then southwest with the Albemarle/ Fluvanna County line to its intersection
with Interstate 64; then west on Interstate 64 to its intersection with Barn Branch; then northwest with Barn
Branch to its origin near the ridge of the Southwest Mountain range; then northeast with the ridge line of the
Southwest Mountain Range to its intersection with the Albemarle/Orange County line; then east with the
Albemarle/Orange County line to its intersection with the Albemarle/Orange/ Louisa County line, the point of
origin.
5.: Beginning at the intersection of the South Fork Rivanna River
Stony Point Precinct
and the Southern Railroad right-of-way; then meandering southeast to its confluence with the North Fork
Rivanna River and Rivanna River; then meandering south along the Rivanna River to its confluence with
Redbud Creek; then east with Redbud Creek to its origin near the ridge of Wolfpit Mountain of the
Southwest Mountain range; then northeast with the ridgeline of the Southwest Mountain range to its
intersection with the Albemarle/Orange County line; then west with the Albemarle/Orange County line to its
intersection with the Southern Railroad right-of-way; then southwest with the Southern Railroad right-of-way
to its intersection with the South Fork Rivanna River, the point of origin.
C.: Each voting precinct shall have a polling place at the location identified
Polling places
below:
1.: Bethel Baptist Church, 5401 Watts Passage.
Burnley Precinct
2.: Elk’s Lodge Hall, 389 Elk Drive.
Free Bridge Precinct
3.: Hollymead Elementary School, 2775 Powell Creek Drive.
Hollymead Precinct
4.: Union Grove Baptist Church, 471 Black Cat Road.
Keswick Precinct
5.: Stony Point Elementary School, 3893 Stony Point Road.
Stony Point Precinct
(8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(3), § 2-
103; Ord. 01-2(1), 5-9-01)
Sec. 2-104 Samuel Miller Magisterial District.
The Samuel Miller Magisterial District shall be bounded, and contain voting precincts and polling
places, as follows:
A.: Beginning at the intersection of the Mechums River and Garth Road
Description of district
(State Route 614); then east on Garth Road (State Route 614) to its intersection with Garth Road (State
Route 676); then southeast on Garth Road (State Route 676) to its intersection with Garth Road (State
Route 601); then southeast on Garth Road (State Route 601) to its intersection with Ivy Creek; then
meandering southwest with Ivy Creek to its intersection with Old Ballard Road (State Route 677); then
southeast on Old Ballard Road to its intersection with Broomley Road (State Route 677); then south on
Broomley Road to its intersection with the CSX Railway right-of-way; then east along the CSX Railway right-
of-way to its intersection with the U.S. Route 29/250 Bypass; then south on U.S. Route 29/250 Bypass to its
intersection with U.S. Route 250 Business; then east on U.S. Route 250 Business to its intersection with
Reed Lane; then south on Reed Lane to Lewis Mountain Parkway; then south on Lewis Mountain Parkway
to its intersection with the fire road connecting Edgemont Road and Lewis Mountain Parkway; then south
along said fire road to its intersection with Edgemont Road; then south on Edgemont Road to its intersection
with McCormick Road; then east on McCormick Road to its intersection with Alderman Road; then south on
Alderman Road to its intersection with the limits of the City of Charlottesville; then following the
Charlottesville City limits west and south to the intersection with Sunset Avenue Extended (State Route
781); then south on Sunset Avenue Extended to its intersection with Mountainwood Road; then east on
Mountainwood Road to its intersection with Old Lynchburg Road (State Route 780); then south on Old
Lynchburg Road (State Route 780) to Old Lynchburg Road (State Route 631); then south on Old
Lynchburg Road (State Route 631) to its intersection with a western branch of Biscuit Run, then east along
May 9, 2001 (Regular Night Meeting)
(Page 39)
a western branch of Biscuit Run to its confluence with Biscuit Run; then south on Biscuit Run to its
confluence with an eastern branch of Biscuit Run; then continuing east along the eastern branch of Biscuit
Run to its intersection with Scottsville Road (State Route 20); then south on Scottsville Road to its
intersection with Red Hill Road (State Route 708); then immediately west on Red Hill Road to its
intersection with the North Fork Hardware River; then meandering southwest on the North Fork Hardware
River to its confluence with the Hardware River and the South Fork Hardware River; then southwest along
the South Fork Hardware River to its confluence with Eppes Creek; then southwest on Eppes Creek to its
confluence with Beaver Branch; then meandering southwest on Beaver Branch to its intersection with Plank
Road (State Route 712); then west on Plank Road to its intersection with Alberene Road (State Route 719);
then south on Alberene Road to its intersection with Secretarys Sand Road (State Route 717); then
southwest on Secretarys Sand Road to its intersection with Green Creek Road (State Route 630); then west
on Green Creek Road to its intersection with Bungletown Road; then northwest on Bungletown Road to its
intersection with Barbershop Hill Road; then southwest along Barbershop Hill Road to its intersection with
Appleberry Mountain Trail; then southwest along Appleberry Mountain Trail to its intersection with the
unnamed southern tributary of Bear Creek; then meandering southwest along the unnamed southern
tributary of Bear Creek to its confluence with Bear Creek; then continuing southwest along Bear Creek to its
intersection with the Albemarle/Nelson County line; then northwest along the Albemarle/Nelson County line
to the unnamed northern branch of the Mechums River; then east along the unnamed northern branch of
the Mechums River to its confluence with the Mechums River; then meandering northeast along the
Mechums River to its intersection with Garth Road, the point of origin.
B.: The district shall be divided into four (4) voting precincts, as described
Voting precincts
herein:
1.: Beginning at Sunset Avenue Extended (State Route 781)
Country Green Precinct
and the underpass of Interstate 64; then south on Sunset Avenue Extended to its intersection with
Mountainwood Road; then east on Mountainwood Road to its intersection with Old Lynchburg Road (State
Route 780); then south on Old Lynchburg Road (State Route 780) to Old Lynchburg Road (State Route
631); then south on Old Lynchburg Road (State Route 631) to its intersection with a western branch of
Biscuit Run, then east along a western branch of Biscuit Run to its confluence with Biscuit Run; then south
on Biscuit Run to its confluence with an eastern branch of Biscuit Run; then continuing east along this
eastern branch of Biscuit Run to its intersection with Scottsville Road (State Route 20); then south on
Scottsville Road to its intersection with Red Hill Road (State Route 708); then northwest on Red Hill Road to
its intersection with the Southern Railway right-of-way; then northeast along the Southern Railway right-of-
way to its intersection with Interstate 64; then southeast on Interstate 64 to its underpass at Sunset Avenue
Extended, the point of origin.
2.: Beginning at the intersection of the western limits of the City of
East Ivy Precinct
Charlottesville and Sunset Avenue Extended (State Route 781); then south along Sunset Avenue Extended
to its intersection with Interstate 64; then west on Interstate 64 to its intersection with Dick Woods Road
(State Route 637); then north on Dick Woods Road to its intersection with Bloomfield Road (State Route
677); then northeast on Bloomfield Road to its intersection with U.S. Route 250; then east along U.S. Route
250 to its intersection with Broomley Road (State Route 677); then north on Broomley Road to its
intersection with the CSX Railway right-of-way; then east along the CSX Railway right-of-way to its
intersection with U.S. Route 29/250 Bypass; then south on U.S. Route 29/250 Bypass to its intersection with
U.S. Route 250 Business; then east on U.S. Route 250 Business to its intersection with Reed Lane; then
south on Reed Lane to Lewis Mountain Parkway; then south on Lewis Mountain Parkway to its intersection
with the fire road connecting Edgemont Road and Lewis Mountain Parkway; then south along said fire road
to its intersection with Edgemont Road; then south on Edgemont Road to its intersection with McCormick
Road; then east on McCormick Road to its intersection with Alderman Road; then south on Alderman Road
to its intersection with the limits of the City of Charlottesville; then following the Charlottesville City limits
west and south to the intersection with Sunset Avenue Extended, the point of origin.
3.: Beginning at the intersection of the Mechums River and Garth Road
Ivy Precinct
(State Route 614); then east on Garth Road (State Route 614) to its intersection with Garth Road (State
Route 676); then southeast on Garth Road (State Route 676) to its intersection with Garth Road (State
Route 601); then southeast on Garth Road (State Route 601) to its intersection with Ivy Creek; then
meandering southwest with Ivy Creek to its intersection with Old Ballard Road (State Route 677); then
southeast on Old Ballard Road to its intersection with Broomley Road (State Route 677); then south on
Broomley Road to its intersection with U.S. Route 250; then west on U.S. Route 250 to its intersection with
Bloomfield Road (State Route 677); then southwest on Bloomfield Road to its intersection with Dick Woods
Road (State Route 637); then southwest on Dick Woods Road to its intersection with Interstate 64; then
west on Interstate 64 to its intersection with the Mechums River; then meandering northeast with the
Mechums River to its intersection with Garth Road, the point of origin.
4.: Beginning at the intersection of Interstate 64 and the Mechums
Red Hill Precinct
River; then meandering southwest along the Mechums River to its confluence with the unnamed northern
branch of the Mechums River; then continuing west along the unnamed northern branch of the Mechums
River to the Albemarle/Nelson County line; then southeast along the Nelson County line to its intersection
with Bear Creek; then meandering northeast along Bear Creek to its confluence with an unnamed southern
tributary of Bear Creek; then continuing northeast along the unnamed tributary to its intersection with
Appleberry Mtn. Trail; then northeast along Appleberry Mtn. Trail to its intersection with Barbershop Hill
Road; then northeast on Barbershop Hill Road to its intersection with Bungletown Road; then southeast on
Bungletown Road to its intersection with Green Creek Road (State Route 630); then east on Green Creek
Road to its intersection with Secretarys Sand Road (State Route 717); briefly northeast on Secretarys Sand
Road to its intersection with Alberene Road (State Route 719); then north on Alberene Road to its
May 9, 2001 (Regular Night Meeting)
(Page 40)
intersection with Plank Road (State Route 712); then east on Plank Road to its intersection with Beaver
Branch; then meandering northeast on Beaver Branch to its confluence with Eppes Creek; then northeast
on Eppes Creek to its confluence with the South Fork Hardware River; then meandering northeast on the
South Fork Hardware River to its confluence with the North Fork Hardware River and the Hardware River;
then meandering northeast on the North Fork Hardware River to its intersection with Red Hill Road (State
Route 708); then northwest along Red Hill Road to its intersection with the Southern Railway right-of-way;
then northeast along the Southern Railway right-of-way to its intersection with Interstate 64; then west on
Interstate 64 to its intersection with the Mechums River, the point of origin.
C.: Each voting precinct shall have a polling place at the location identified
Polling places
below:
1.: Berean Baptist Church, 1284 Sunset Avenue Extended.
Country Green Precinct
2.: Kappa Sigma Auditorium, 2445 Ivy Road.
East Ivy Precinct
3.: Meriwether Lewis Elementary School, 1610 Owensville Road.
Ivy Precinct
4.: Red Hill Elementary School, 3901 Red Hill School Road.
Red Hill Precinct
(8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(4), § 2-
104; Ord. 01-2(1), 5-9-01)
Sec. 2-105 Scottsville Magisterial District.
The Scottsville Magisterial District shall be bounded, and contain voting precincts and polling
places, as follows:
A.: Beginning at Sunset Avenue Extended (State Route 781) and the
Description of district
southern limits of the City of Charlottesville; then south on Sunset Avenue Extended to its intersection with
Mountainwood Road; then east on Mountainwood Road to its intersection with Old Lynchburg Road (State
Route 780); then south on Old Lynchburg Road (State Route 780) to Old Lynchburg Road (State Route
631); then south on Old Lynchburg Road (State Route 631) to its intersection with a western branch of
Biscuit Run, then east along a western branch of Biscuit Run to its confluence with Biscuit Run; then south
on Biscuit Run to its confluence with an eastern branch of Biscuit Run; then continuing east along the
eastern branch of Biscuit Run to its intersection with Scottsville Road (State Route 20); then south on
Scottsville Road to its intersection with Red Hill Road (State Route 708); then immediately west on Red Hill
Road to its intersection with the North Fork Hardware River; then meandering southwest on the North Fork
Hardware River to its confluence with the Hardware River and the South Fork Hardware River; then
southwest along the South Fork Hardware River to its confluence with Eppes Creek; then southwest on
Eppes Creek to its confluence with Beaver Branch; then meandering southwest on Beaver Branch to its
intersection with Plank Road (State Route 712); then west on Plank Road to its intersection with Alberene
Road (State Route 719); then south on Alberene Road to its intersection with Secretarys Sand Road (State
Route 717); then southwest on Secretarys Sand Road to its intersection with Green Creek Road (State
Route 630); then west on Green Creek Road to its intersection with Bungletown Road; then northwest on
Bungletown Road to its intersection with Barbershop Hill Road; then southwest along Barbershop Hill Road
to its intersection with Appleberry Mountain Trail; then southwest along Appleberry Mountain Trail to its
intersection with the unnamed southern tributary of Bear Creek; then meandering southwest along the
unnamed southern tributary of Bear Creek to its confluence with Bear Creek; then continuing southwest
along Bear Creek to its intersection with the Albemarle/Nelson County line; then southeast along the
Albemarle/Nelson County line to its intersection with the Albemarle/Buckingham County line; then east
along the Albemarle/ Buckingham County line to its intersection with the Albemarle/Fluvanna County line;
then northeast along the Albemarle/Fluvanna County line to its intersection with Interstate 64; then west
along Interstate 64 to its intersection with the Rivanna River; then meandering northeast along the Rivanna
River to its intersection with the limits of the City of Charlottesville; then following the limits of the City of
Charlottesville west to its intersection with Sunset Avenue, the point of origin.
B.: The district shall be divided into five (5) voting precincts, as described
Voting precincts
herein:
1.: Beginning at the intersection of Sunset Avenue Extended (State
Cale Precinct
Route 781) and the southern city limits of Charlottesville; then east with the city limits to its intersection with
Monticello Avenue (State Route 20); then south with Monticello Avenue to its intersection with Interstate 64
and Scottsville Road (State Route 20); then south with Scottsville Road to its intersection with an eastern
branch of Biscuit Run; then west along this eastern branch to its confluence with Biscuit Run; then north
along Biscuit Run to its confluence with a western branch of Biscuit Run; then west along this western
branch to its intersection with Old Lynchburg Road (State Route 631); then north on Old Lynchburg Road
(State Route 631) to its intersection with Old Lynchburg Road (State Route 780); then northwest on Old
Lynchburg Road (State Route 780) to its intersection with Mountainwood Road; then west on Mountainwood
Road to its intersection with Sunset Avenue Extended (State Route 781); then north with Sunset Avenue
Extended to its intersection with the southern city limits of Charlottesville, the point of origin.
2.: Beginning at the intersection of Scottsville Road (State Route
Monticello Precinct
20) and Thomas Jefferson Parkway (State Route 53); then east on Thomas Jefferson Parkway to the
Albemarle/Fluvanna County line; then southwest with the Albemarle/Fluvanna County line to its intersection
with Rolling Road (State Route 620); then northwest on Rolling Road to its intersection with Secretarys
May 9, 2001 (Regular Night Meeting)
(Page 41)
Road (State Route 708); then west on Secretarys Road to its intersection with Carters Mountain Road
(State Route 627); then south on Carters Mountain Road to its intersection with Scottsville Road (State
Route 20), then north on Scottsville Road to its intersection with Thomas Jefferson Parkway, the point of
origin.
3.: Beginning at the intersection of Warren Ferry Road (State Route
Porter’s Precinct
627) the James River, and the Albemarle/Buckingham County line; then southwest with the Albe-
marle/Buckingham County line to its intersection with the Albemarle/Nelson County line; then northwest
with the Albemarle/Nelson County line to its intersection with Bear Creek; then meandering northeast along
Bear Creek to its confluence with an unnamed southern tributary of Bear Creek; then continuing northeast
along the unnamed tributary to its intersection with Appleberry Mountain Trail; then northeast along
Appleberry Mountain Trail to its intersection with Barbershop Hill Road; then northeast on Barbershop Hill
Road to its intersection with Bungletown Road; then southeast on Bungletown Road to its intersection with
Green Creek Road (State Route 630); then east on Green Creek Road to its intersection with Secretarys
Sand Road (State Route 717); briefly northeast on Secretarys Sand Road to its intersection with Alberene
Road (State Route 719); then north on Alberene Road to its intersection with Plank Road (State Route
712); then southeast on Plank Road to its intersection with Scottsville Road (State Route 20); then
southeast on Scottsville Road to its intersection with Langhorne Road (State Route 626); then southwest on
Langhorne Road to its intersection with James River Road (State Route 627); then southeast on James
River Road to its intersection with Warren Ferry Road (State Route 627); then south on Warren Ferry Road
to its intersection with the James River, the Albemarle/Buckingham County line, the point of origin.
4.: Beginning at the intersection of Rolling Road (State Route
Scottsville Precinct
620) and the Albemarle/Fluvanna County line; then southwest with the Albemarle/ Fluvanna County line to
its intersection with the James River and the Albemarle/Buckingham County line; then southwest with the
Albemarle/Buckingham County line to its intersection with Warren Ferry Road (State Route 627); then north
on Warren Ferry Road to its intersection with James River Road (State Route 627); then northwest on
James River Road to its intersection with Langhorne Road (State Route 626); then northeast on Langhorne
Road to its intersection with Scottsville Road (State Route 20); then northwest on Scottsville Road to its
intersection with Plank Road (State Route 712); then northwest on Plank Road to its intersection with
Beaver Branch; then northeast with the Beaver Branch to its confluence with Eppes Creek; then northeast
along Eppes Creek to its confluence with the South Fork Hardware River; then meandering northeast on
the South Fork Hardware River to its confluence with the North Fork Hardware River and the Hardware
River; then meandering northeast on the North Fork Hardware River to its intersection with Red Hill Road
(State Route 708); then east along Red Hill Road to its intersection with Scottsville Road (State Route 20);
then south along Scottsville Road to its intersection with Carters Mountain Road (State Route 627); then
north on Carters Mountain Road to its intersection with Secretarys Road (State Route 708); then east on
Secretarys Road to its intersection with Rolling Road (State Route 620); then southeast on Rolling Road to
its intersection with the Albemarle/Fluvanna County line, the point of origin.
5.: Beginning at the intersection of Scottsville Road (State
Stone-Robinson Precinct
Route 20) and Thomas Jefferson Parkway (State Route 53); then southeast on Thomas Jefferson Parkway
to its intersection with the Albemarle/Fluvanna County line; then northeast following the
Albemarle/Fluvanna County line to its intersection with Interstate 64; then west on Interstate 64 to its
intersection with the Rivanna River; then meandering northwest along the Rivanna River to its intersection
with the Charlottesville City limits; then following the Charlottesville City limits southwest to its intersection
with Monticello Avenue (State Route 20); then south with Monticello Avenue to its intersection with Interstate
64 and Scottsville Road (State Route 20); then south with Scottsville Road to its intersection with Thomas
Jefferson Parkway, the point of origin.
C.: Each voting precinct shall have a polling place at the location identified
Polling places
below:
1.: Cale Elementary School, 1757 Avon Street Extended.
Cale Precinct
2.: Monticello High School, 1400 Independence Way.
Monticello Precinct
3.: Yancey Elementary School, 7625 Porters Road.
Porter’s Precinct
4.: Scottsville Elementary School, 7868 Scottsville Road.
Scottsville Precinct
5.: Stone-Robinson Elementary School, 958 North Milton
Stone-Robinson Precinct
Road.
(8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-
100(5), § 2-105; Ord. 01-2(1), 5-9-01)
Sec. 2-106 White Hall Magisterial District.
The White Hall Magisterial District shall be bounded, and contain voting precincts and polling
places, as follows:
A.: Beginning at the intersection of the unnamed northern branch of the
Description of district
Mechums River and the Albemarle/Nelson County line; then meandering east along the unnamed branch
to its confluence with the Mechums River; then continuing northeast along the Mechums River to its
confluence with the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna
May 9, 2001 (Regular Night Meeting)
(Page 42)
River to its intersection with Reas Ford Road (State Route 660); then north on Reas Ford Road to its
intersection with Bleak House Road (State Route 662); then north on Bleak House Road to its intersection
with Buck Mountain Road (State Route 665); then northeast on Buck Mountain Road (State Route 665) to
its intersection with Buck Mountain Road (State Route 664); then southeast on Buck Mountain Road (State
Route 664) to its intersection with Buck Mountain Road (State Route 663); then southeast on Buck
Mountain Road (State Route 663) to its intersection with Earlysville Road (State Route 743); then southeast
on Earlysville Road to its intersection with Dickerson Road (State Route 606); then north on Dickerson
Road to its intersection with Dickerson Lane (State Route 763); then east on Dickerson Lane to its
intersection with Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection with the
Albemarle/Greene County line; then west along the Albemarle/Greene County line to the
Albemarle/Rockingham County line; then southwest along the Albemarle/Rockingham County line to its
intersection with the Albemarle/Augusta County line; then south along the Albemarle/Augusta County line to
its intersection with the Albemarle/ Nelson County line; then southeast along the Albemarle/Nelson County
line to its intersection with the unnamed northern branch of the Mechums River, the point of origin.
B.: The district shall be divided into four (4) voting precincts, as described
Voting precincts
herein:
1.: Beginning at the intersection of Jarmans Gap Road (State
Brownsville Precinct
Route 611) and the Albemarle/Augusta County line; then southwest along the Albemarle/ Augusta County
line to its intersection with the Albemarle/Nelson County line; then southeast along the Albemarle/Nelson
County line to its intersection with the unnamed northern branch of the Mechums River; then east along the
unnamed northern branch of the Mechums River to its confluence with the Mechums River; then
meandering northeast along the Mechums River to its intersection with the CSX Railway right-of-way; then
west along the CSX Railway right-of-way to its intersection with Crozet Avenue (State Route 240); then
south on Crozet Avenue to its intersection with Jarmans Gap Road (State Route 691); then west on
Jarmans Gap Road (State Route 691) to its intersection with Jarmans Gap Road (State Route 611); then
northwest on Jarmans Gap Road (State Route 611) to its intersection with the Albemarle/Augusta County
line, the point of origin.
2.: Beginning at the intersection of Jarmans Gap Road (State Route
Crozet Precinct
611) and the Albemarle/Augusta County line; then northeast with the Albemarle/Augusta County line to its
intersection with the Albemarle/ Rockingham County line; then northeast with the Albemarle/Rockingham
County line to its intersection with the gate on Skyline Drive where Jones Fall Run and the Falls Trail
originate; then east with Jones Fall Run to its confluence with Doyles River; then meandering southeast with
the Doyles River to its intersection with Blackwells Hollow Road (State Route 810); then west along
Blackwells Hollow Road to its intersection with Browns Gap Turnpike (State Route 810); then south on
Browns Gap Turnpike to its intersection with the Moormans River; then meandering east with the Moormans
River to its intersection with Millington Road (State Route 671); then southwest on Millington Road to its
intersection with Garth Road (State Route 614); then southeast on Garth Road to its intersection with the
Mechums River; then meandering southwest with the Mechums River to its intersection with the CSX
Railway right-of-way; then west along the CSX Railway right-of-way to its intersection with Crozet Avenue
(State Route 240); then south on Crozet Avenue to its intersection with Jarmans Gap Road (State Route
691); then west on Jarmans Gap Road (State Route 691) to its intersection with Jarmans Gap Road (State
Route 611); then northwest on Jarmans Gap Road (State Route 611) to its intersection with the
Albemarle/Augusta County line, the point of origin.
3.: Beginning at the intersection of Seminole Trail (U.S. Route 29)
Earlysville Precinct
and the Albemarle/Greene County line; then west with the Albemarle/Greene County line to its intersection
with Dyke Road (State Route 810); then south on Dyke Road to its intersection with Markwood Road (State
Route 664); then south on Markwood Road to its intersection with Davis Shop Road (State Route 671); then
southwest on Davis Shop Road to its intersection with Buck Mountain Creek; then meandering southeast
with Buck Mountain Creek to its confluence with the South Fork Rivanna River; then meandering southeast
with the South Fork Rivanna River to its intersection with Reas Ford Road (State Route 660); then north on
Reas Ford Road to its intersection with Bleak House Road (State Route 662); then north on Bleak House
Road to its intersection with Buck Mountain Road (State Route 665); then northeast on Buck Mountain
Road (State Route 665) to its intersection with Buck Mountain Road (State Route 664); then southeast on
Buck Mountain Road (State Route 664) to its intersection with Buck Mountain Road (State Route 663); then
southeast on Buck Mountain Road (State Route 663) to its intersection with Earlysville Road (State Route
743); then southeast on Earlysville Road to its intersection with Dickerson Road (State Route 606); then
north on Dickerson Road to its intersection with Dickerson Lane (State Route 763); then east on Dickerson
Lane to its intersection with Seminole Trail (U.S. Route 29); then north on Seminole Trail to its intersection
with the Albemarle/Greene County line, the point of origin.
4.: Beginning at the Albemarle/Rockingham/Greene County line;
Free Union Precinct
then southwest with the Albemarle/Rockingham County line to its intersection with the gate on Skyline Drive
where Jones Fall Run and the Falls Trail originate; then east with Jones Fall Run to its confluence with the
Doyles River; then meandering southeast with the Doyles River to its intersection with Blackwells Hollow
Road (State Route 810); then west along Blackwells Hollow Road to its intersection with Browns Gap
Turnpike (State Route 810); then south on Browns Gap Turnpike to its intersection with the Moormans
River; then meandering east with the Moormans River to its intersection with Millington Road (State Route
671); then southwest on Millington Road to its intersection with Garth Road (State Route 614); then
southeast on Garth Road to its intersection with the Mechums River; then meandering northeast with the
Mechums River to its confluence with the Moormans River where they form the South Fork Rivanna River;
then meandering east with the South Fork Rivanna River to its confluence with Buck Mountain Creek; then
May 9, 2001 (Regular Night Meeting)
(Page 43)
meandering northwest with Buck Mountain Creek to its intersection with Davis Shop Road (State Route
671); then northeast on Davis Shop Road to its intersection with Markwood Road (State Route 664); then
north on Markwood Road to its intersection with Dyke Road (State Route 810); then north on Dyke Road to
its intersection with the Albemarle/Greene County line; then west with the Albemarle/Greene County line to
its intersection with the Albemarle/Rockingham/Greene County line, the point of origin.
C.: Each voting precinct shall have a polling place at the location identified
Polling places
below:
1.: Brownsville Elementary School, 5870 Rockfish Gap
Brownsville Precinct
Turnpike.
2.: Crozet Elementary School, 1407 Crozet Avenue.
Crozet Precinct
3.: Broadus Wood Elementary School, 185 Buck Mountain Road.
Earlysville Precinct
4.: Free Union Baptist Church, Millington Road, Free Union.
Free Union Precinct
(8-19-71, § 1; 9-5-72; 7-15-81; Code 1988, § 6-1; 5-15-91; Ord. 95-6(1), 1-11-95; Ord. 98-A(1), 8-5-98, § 2-100(6), § 2-
106; Ord. 01-2(1), 5-9-01)
Sec. 2-107 Central absentee voter election district.
There is hereby established a central absentee voter election district in the Albemarle County
Office Building, 401 McIntire Road, Charlottesville, for the purpose of receiving, counting and recording
absentee ballots in all elections.
(11-14-84; Code 1988, § 6-9; Ord. 98-A(1), 8-5-98, § 2-108; Ord. 01-2(1), 5-9-01)
State law reference--Establishment of central absentee voter election districts, Va. Code § 24.2-712, as amended.
BE IT FURTHER ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that the
effective date of this ordinance shall be June 13, 2001.
Agenda Item No. 11. Discussion: Charlottesville-Albemarle Regional Transportation (CHART)
Charge.
Ms. Thomas said that City Council does not have the same level of trust in the MPO as this Board
of Supervisors. City Council wants to have a regional transportation planning process that they like better.
This Board’s written response was that there is a regional transportation planning process called CATS
which was renamed CHART and staffed by the MPO. It has a technical advisory committee, citizen
representatives, two members of City Council and two members of the Board of Supervisors, and a
member of VDOT’s planning department. It has been doing long range transportation plans for many
years. It appears that most of the City’s concerns have to do with land use planning which is not the charge
of the MPO.
Ms. Thomas said she and Mr. Martin met with two City Council members on April 27, 2001 to
develop a charge for the CHART committee to use in developing transportation plans for the future of the
MPO area. Changes from the previous CATS and criteria are indicated by line-throughs and underlinings
on the documents provided to the Board members. Since the group did not fully complete its conversation
on the evaluation criteria, the document is referred to as a "work in progress". The wording on the first two
pages came out of a two hour meeting with a facilitator. She does not expect Board members to sign off on
the glossary, but she would appreciate their signing off on the first two pages, if they feel comfortable.
Ms. Thomas said the City and County need to reach an agreement quickly on the mission and
criteria to ensure that CHART can meet its FHWA-stipulated deadlines. City Council is looking at these
proposals this week.
Mr. Martin stated that he and Ms. Thomas were given the charge to work on this issue. Due to a
scheduling problem he arrived when the meeting was about to conclude. Ms. Thomas did update him and
he concurs with the conclusions. Mr. Dorrier asked who represented the City. Mr. Martin responded that
Mr. Caravati and Mr. Cox represented City Council.
Ms. Thomas noted that she has heard the most comments about Item #17 of the criteria. This item
is recognizing that what seems to happen with VDOT is they always present localities with the largest
possible project and then the locality pares it back to what seems to fit the community. Therefore, one City
Councilor said why not say we want to avoid having roadways any bigger than two lanes. But, that’s
probably overstating the matter. Ms. Humphris said that what should be said is “ensures that any new
roadways are appropriate to the land use they serve”. Mr. Martin said that is in line with what is said on the
first page on the transportation. It is therefore appropriate to reword #17 in that manner.
Ms. Humphris questioned Item #13 because it predetermines the conclusion as favorable to "no
build" alternative and that is not always where you want to go. Ms. Thomas noted that if an item is not
underlined it is what was in the CATS 2015, but they can be changed. Ms. Humphris said that #13 should
say “includes a "no build" alternative in all considerations of new road construction.” She believes there
May 9, 2001 (Regular Night Meeting)
(Page 44)
should be a "no build" alternative, but it should not be presupposed. Mr. Bowerman said that it does create
a bias which is not necessarily the case. Mr. Cilimberg said he believes it has to be provided. Ms. Thomas
stated that these are criteria for evaluation of transportation projects or actions. So for the proposal when
the CHART committee is trying to decide whether to include it in the long range transportation plan, one of
the criterion five years ago was whether or not it was favorable to a "no build" alternative. Mr. Cilimberg
said that he believes this was developed to consider any transportation recommendation not just roadways.
Ms. Humphris then suggested the language read “includes a "no build" alternative in all considerations of
transportation improvements”.
Mr. Dorrier referred to Item #8 and asked if the standards referenced are stated clearly in a
document the Board has. Ms. Thomas said they will be. The CATS that is used now says that Level of
Service "B" is acceptable in the County and Level of Service "D" in the City. Mr. Cilimberg said it is a Level
of Service "C" in rural or fringe area and a Level of Service "B" in the urban area.
Ms. Humphris asked why “in the most efficient and effective manner possible” was removed from
the language in the Mission. Mr. Bowerman asked if it was an issue of the shortest distance between two
points in a straight line and maybe the most efficient but perhaps not the most appropriate. Mr. Martin said
that it was probably due to concerns about "most efficient and effective" means many times bigger and
larger roads. Ms. Thomas said that in general judgmental words were being removed. Ms. Humphris said
that it is no big deal, but she thought it was good when it was first written including those words. Ms.
Thomas said the reason the City of Charlottesville, Albemarle County and Thomas Jefferson Planning
District was added was to make it very clear that the focus is on the local traffic situation and not on the
statewide network. Mr. Bowerman asked if that is why the word “regional” was removed. Ms. Thomas said
"yes".
Mr. Martin said when he looked at the notes he concluded that the changes had been made to
compromise with City Council in a way that nothing really had changed.
Ms. Thomas said that Item #15 of the criteria raised a red flag to Meredith Richards who was
concerned about what that means to Johnson Village and its current controversy. Ms. Thomas said she
thought just removing the words “grid street in urban areas” would remove the red flags. It stands well
alone. Mr. Bowerman asked if the City Council was going over the document as the Board is. Ms. Thomas
stated that no decisions had been made by the City regarding changes. Mr. Bowerman said that the County
can provide these proposed changes to the City. Mr. Dorrier asked if there had been any discussion about
meeting with City Council or if it would be handled by the representatives. Ms. Thomas said she thought
there was a lack of enthusiasm by the Board to have a full joint meeting. She did volunteer herself and Ms.
Humphris to take a look at the glossary but that it does not have to be done tonight. Ms. Thomas said she
is appreciative of the fact that her fellow Supervisors have some level of trust because she is seeing what
happens to an elected body when they don’t trust their representatives to the MPO.
Ms. Thomas then summarized the proposed changes to the Criteria section for Items #13, 15 and
17.
Mr. Martin moved approval of the proposed CHART 2021 Mission, Goals and Objective and
Proposed CHART 2021 Evaluation Criteria with changes to Criteria numbers 13, 15 and 17 (on file in the
Clerk's office). The motion was seconded by Mr. Bowerman.
Roll was called, and the motion carried by the following recorded votes:
AYES:Ms. Humphris, Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman and Mr. Dorrier.
NAYS:None.
Mr. Bowerman stated that he thinks this is a very positive process. Ms. Thomas said that there is a
good acting Chair of the Chart, Ann Mallek. The CHART has to be done and to the federal highway
department by the end of May. Mr. Tucker asked if Jeanne Cox indicated when City Council would take this
matter up again. Ms. Thomas stated that she had not spoken to Ms. Cox herself.
Agenda Item No. 12. From the Board: Matters not Listed on the Agenda.
Mr. Tucker said that last week when there was no quorum he had brought up the matter of the
School Board having approved for classified and teachers a 4.2 percent increase and see if the Board
wanted to consider the matter. It would cost approximately an additional $62,200.
Mr. Bowerman said he felt it was necessary that there be commonality but that there be a process
with the joint boards so that, as a body, a decision is made on a voice vote which is a straw vote, but binding
on both boards. He finds it very divisive and difficult to deal with after the fact. Whether 3.9 or 4.2 is the
most appropriate is immaterial. They should be the same. Commonality is an extremely important
concept. He would like to see something formalized between the two bodies at the beginning of the budget
process next year.
Mr. Tucker said he felt that the joint meetings are the only way to ensure that this does not happen
again. This time one got ahead of the other. Mr. Martin said that during the joint meeting next year, the
May 9, 2001 (Regular Night Meeting)
(Page 45)
instructions to the School Board should be to bring back the same number. Mr. Tucker said if not the
same, bring back a recommendation that the Board can act on. Mr. Bowerman said that it is still indefinite if
you send them off without an amount specific. That is assuming the decision can be made with the
information provided. Mr. Tucker said he thinks the Board can make the decision. If he had known that
there was going to be a split between himself and Dr. Casnter he would have suggested a
recommendation.
Ms. Humphris said she made herself very clear when this matter was discussed. She thought that
the Board had sent a very clear message to the School Board when it told them how much money they
were going to get. She assumed that the School Board would honor the message. The .3 percent is not
that big a deal. It is not the money, but it was a big disappointment to her to see what the end result was of
that level of trust that she had. It was not verified by their actions.
Mr. Dorrier said there has to be a good working relationship between the two boards and level of
trust.
Mr. Perkins said it seems that the School Board takes advantage of these situations. For this
reason he cannot support it. If the School Board does not want commonality, then there will not be
commonality. That is by their choice. Ms. Humphris said she feels that commonality should have come
from their reaching the Board of Supervisor’s level instead of the Board having to reach the School Board’s
level. Mr. Dorrier said he does not disagree at all with what is being said. He cannot see setting two levels
of pay for different employees. Mr. Bowerman said he thinks the Board has a plan so that this does not
happen again. Mr. Tucker said that in the past there have been different salary pools for both teachers and
classified, but at least classified in school and classified in general government have always been the
same.
Mr. Tucker said that the Board of Supervisors does not need the School Board’s authority to give
the money back they simply don’t have to appropriate it.
Mr. Bowerman then moved approval of the change in the merit increase for local government
classified employees from 3.9 percent to 4.2 percent in order to maintain commonality with actions taken by
the School Board. The motion was seconded by Mr. Dorrier.
Ms. Thomas said that she wanted staff members to know that the Board’s reluctance is not due to
any reluctance to adequately compensate them. The concern is about the actions of the School Board.
Mr. Bowerman said that in the interest of moving forward, it is important that even though he does not like
being in this position it be done this year and a policy be set for subsequent years.
Roll was called, and the motion carried by the following recorded votes:
AYES:Mr. Martin, Ms. Thomas, Mr. Bowerman and Mr. Dorrier.
NAYS:Mr. Perkins and Ms. Humphris.
Ms. Humphris repeated that the dissension is not in any way a reflection of her not wanting staff to
have the additional 3/10 of a percent. She simply believes that the policy of commonality should have been
honored by the School Board. Mr. Tucker said he thinks that at some point the Board needs to discuss
issues regarding budgeting and dealing with the School Board. Ms. Humphris suggesting going back to a
resolution proposed earlier that says that if the School Board wants the Board of Supervisors to increase
taxes or take any other action that gives them more money, they need to pass a resolution acknowledging
that they know it is going to have a certain effect. Mr. Tucker said that if the School Board requests an
amount in excess of what is available that would be tantamount to a rate increase request. This Board
might want to revisit asking the Legislators for a statewide referendum to allow school boards to have taxing
authority. Mr. Perkins said that the Board should look at whether things have gotten better or worse since
there has been an elected school board.
____________
Mr. Perkins said he will be attending a VACO meeting Friday on environmental issues. Ms.
Thomas and Ms. Humphris said they also would be attending VACO meetings on Friday.
____________
th
Mr. Dorrier asked if there were many items on the June 13 Board meeting. He noted that each
Board member had received an invitation to the Albemarle High School graduation. This conflicts with the
Board’s meeting. Ms. Carey stated that there are about five or six items on the agenda. Mr. Tucker
suggested moving the items to another meeting, if it was possible. The consensus of the Board was to do
so.
____________
Ms. Humphris referred to a letter from residents of Dunlora regarding the Meadow Creek Parkway.
Mr. Cilimberg said he also received a copy of the letter and stated that planning staff would be meeting with
the Engineering Department to address the concerns. Mr. Tucker suggested staff draft a response for the
Chairman's signature.
____________
Mr. Martin said that some e-mails informing the Board members of meetings are confusing. He is
sometimes confused as to whether the e-mail is for information purposes or need action. The WINA e-mails
fall in this category.
May 9, 2001 (Regular Night Meeting)
(Page 46)
____________
Ms. Thomas asked about the schedule for the Board meetings in July. Mr. Tucker said one of the
thth
things staff is looking at is to cancel the July 5 meeting and move those items to July 11. Ms. Thomas
suggested a light supper if the meeting needs to begin early. Mr. Martin suggested putting the easier items
at the end and using the first part for the work session. Mr. Perkins said he does not want to go past 11:30.
____________
Mr. Bowerman said the Darden Towe Park Committee recently met and discussed Phase III
improvements to the Park. They agreed to the installation of a kiosk (for the Rivanna River Basin group)
located next to the center concession stand, at a cost of about $7,000, which will include a topo map and
provide information on the Rivanna River. They also discussed pumping of water from the Rivanna to the
pond for irrigation, and they agreed to try a fenced in area for dogs to run free. This area will be located on
a slope behind the shelter at the top. This will be on a trial basis and evaluated in the future. About three
quarters of the people requesting the dog area are County residents. There is a group that will be solicited
for sponsorship. For environmental reasons, the area was moved out of the flood plain. There will be
baggies and instructions. The lighting issue was not discussed. Ms. Humphris stated that she was in
Williamsburg for the quarterly VACO meeting and the entire state knew about the dog situation in the
County.
____________
Mr. Cilimberg said this year the General Assembly considered one or more bills that would have
expanded the jurisdiction of the Chesapeake Bay Act. They are looking at various aspects of the Act and
have put together task forces. He was asked to go to Richmond to provide input on the land use planning
side of the issue. David Hirschman will be accompanying him. It is interesting to hear people talk about
what is going to be good for communities and the environment. Preservation of the Chesapeake Bay is
held in such disdain by people in the eastern part of the state. He believes it has to do with resources.
Ms. Thomas asked to what extent the County does not apply. She understands that the County
does not require the septic tanks to be pumped. Mr. Cilimberg responded that the County does not have
resource management areas. The County has resource protection areas which are part of the water
resource ordinance. Resource management areas in their full application require site plans for many types
of development. Mr. Davis said that the Act required many jurisdictions to map their entire localities to
identify the resource management areas. These areas are a greater distance from the resources such as
streams that are identified in the Water Protection Ordinance. The Act did have significant impacts on
jurisdictions as it was being implemented because it required them to identify things which had not been
identified before and imposed some significant site planning of requirements. Ms. Thomas asked why staff
did not simply offer the County’s system for the expanded area. Mr. Cilimberg added that it will be an
interesting process.
____________
Ms. Thomas stated that she attended a meeting of the Lewis and Clark Festival Committee. The
Committee wanted her to expression their appreciation to the Board for the money that was put in the
budget for the Festival. They now have a coordinator and are moving forward.
Agenda Item No. 13. Adjourn. At 8:51 p.m., there being no further business to come before the
Board, the meeting was adjourned.
________________________________________
Chairman
Approved by Board
Date: 09/05/2001
Initials: EWC