Regular Meeting – March 13, 2019
Regular Meeting, Wednesday, March 13, 2019, 7:00 p.m. Government Center, Verona, VA.
PRESENT: Gerald W. Garber, Chairman
Carolyn S. Bragg-Vice Chairman
G.L. “Butch” Wells
Michael L. Shull
Wendell L. Coleman
Marshall W. Pattie
Pam L. Carter
Timothy K. Fitzgerald, County Administrator
Jennifer M. Whetzel, Deputy County Administrator
John Wilkinson, Director of Community Development
Leslie Tate, Planner
James R. Benkahla, County Attorney
Angie Michael, Executive Assistant
VIRGINIA: At a regular meeting of the Augusta County Board of Supervisors held on Wednesday, March 13, 2019, at 7:00 p.m., at the Government Center, Verona, Virginia, and in the 243rd year of the Commonwealth….
Chairman Garber welcomed the citizens present.
The following students from the Riverheads High School FFA led us with the Pledge of Allegiance:
Hannah Eavers is a junior and hopes to become a Physical Therapist.
Emily Kegley is a freshman and hopes to become a Lawyer.
Michael Shull, Supervisor for the Riverheads District, delivered the invocation.
RED CROSS PROCLAMATION
Ms. Bragg read the following resolution:
WHEREAS, More than 137 years ago, the American Red Cross was established as a humanitarian organization, guided by seven fundamental principles – including humanity, impartiality and independence – to provide services to those in need regardless of race, religion, gender, sexual orientation or citizenship status. Today, the American Red Cross is one of the largest humanitarian organizations in the world, and delivers its mission every day to prevent and alleviate human suffering in the face of emergencies; and WHEREAS, Every year, the American Red Cross responds to an average of more than 62,000 disasters across the country, from small home fires to devastating massive disasters. Last year’s large crises included mudslides in California, a volcano in Hawaii, wildfires in Colorado and California, destructive hurricanes in Florida and the Carolinas, and a devastating typhoon in U.S. territories. Thousands of American Red Cross volunteers provided around-the-clock shelter for disaster victims, served millions of meals and snacks with partners, and distributed millions of relief items; and WHEREAS, In Central and Shenandoah Virginia, the Red Cross has a long history of helping our neighbors in need. The Central and Shenandoah Chapter assisted with 189 local disasters in the past year alone and helped save lives through our Home Fire Campaign. Since the campaign launched in October 2014, the Central and Shenandoah Chapter has worked with community partners to install more than 2,500 smoke alarms and make thousands of households safer. Meanwhile, in our area, the Red Cross handles an average of 600 emergency military calls every year and collects an average of 13,000 units of blood from our generous blood donors; and WHEREAS, March is Red Cross Month, a special time to recognize and thank the Red Cross volunteers and donors who give of their time and resources to help members of the community. The Red Cross depends on these local heroes to deliver help and hope during a disaster. We applaud our heroes here in Central and Shenandoah Virginia who give of themselves to assist their neighbors when they need a helping hand; and WHEREAS, The American Red Cross shelters, feeds and provides emotional support to victims of disasters; supplies about 40 percent of the nation’s blood; teaches skills that save lives; provides international humanitarian aid; and supports military members and their families; and WHEREAS, We dedicate the month of March to all those who support the American Red Cross mission to prevent and alleviate human suffering in the face of emergencies. Our community depends on the American Red Cross, which relies on volunteers and the generosity of the public to perform its mission; NOW, THEREFORE, BE IT PROCLAIMED, The Augusta County Board of Supervisors do hereby proclaim March 2019 as American Red Cross Month. We encourage all Americans to support this organization and its noble humanitarian mission.
Ms. Bragg moved, seconded by Mr. Shull, that the Board adopt the resolution.
Vote was as follows: Yeas: Garber, Bragg, Wells, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
CHAPTER 25 ART. IV SIGNS, BILLBOARDS, AND OUTDOOR ADVERTISING
STRUCTURES – ORDINANCE AMENDMENT
This being the day and time advertised to consider an amendment that eliminates definition of and removal timeframe reference of Agricultural and Forestal District signs; reduces the size of a single off-premise advertising sign from 800 sq. ft. to 200 sq. ft. in General Agriculture (allowing for a waiver along interstate highways) and reduces the size of a single on and off-premise advertising sign from 800 sq. ft. to 200 sq. ft. in Business, Industrial, and Public Use Overlay zoning Districts (allowing for a waiver); and adds a prohibition on any sign that produces or emits sounds. The Planning Commission recommends approval as written.
CHAPTER 25 ART. IV SIGNS, BILLBOARDS, AND OUTDOOR ADVERTISING
AN ORDINANCE TO
TO AMEND CHAPTER 25 ZONING
DIVISION A. IN GENERAL
ARTICLE IV. SIGNS, BILLBOARDS AND OUTDOOR ADVERTISING STRUCTURES
OF THE AUGUSTA COUNTY CODE
WHEREAS, the Augusta County Board of Supervisors has deemed it desirable to amend Article IV of the Augusta County Code so as to eliminate the definition of and removal timeframe reference of Agricultural and Forestal District signs, reduce the size of a single off-premise advertising sign in General Agriculture, and reduces the size of a single on and off-premise advertising sign in Business, Industrial, and Public Use Overlay zoning district; and WHEREAS, the Augusta County Board of Supervisors has established a provision for a waiver of the individual sign maximum size; and WHEREAS, the Augusta County Board of Supervisors has prohibited signs that produce or emit sound; NOW THEREFORE be it resolved by the Board of Supervisors for Augusta County that Article IV of the Augusta County be amended as follows:
CHAPTER 25. ZONING
DIVISION A. IN GENERAL
ARTICLE IV. Signs, billboards and outdoor advertising structures § 25-40. Applicability.
These regulations shall govern and control the erection, remodeling, enlarging, moving, maintenance and operation of all exterior signs within all zoning districts established by this article.
§ 25-41. Definitions.
Sign. Any exterior display of any letter, words, numerals, figures, devices, emblems, pictures, or any parts or combinations thereof, by any means whereby the same are made visible for the purpose of making anything known, whether such display be made on, attached to, or as part of a structure, surface or any other thing, including, but not limited to, vehicles, buildings, barns, the ground, any rock, tree, or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is located.
Sign, area. The total copy area devoted to conveying a message including any border and trim, but excluding ornamental base or apron supports and other structural members. Where signs employ appurtenances such as "pop-ups" and "cut-outs" or objects that extend beyond the normal copy area, the area of such appurtenances shall be measured separately and included in the total sign area.
The total sign area for a double faced sign or "V" type sign shall be measured on the largest face of the sign; however, advertising or other copy may be posted on both sides of such sign.
Advertising sign, off-premises. A sign which directs attention to a business, commodity, activity, service or product not conducted, sold or offered upon the premises where such sign is located. For the purposes of this section, billboards are considered to be off-premises advertising signs.
Advertising sign, on-premises. A sign which directs attention to a business, profession, commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is attached. Includes “coming soon” and “future home of” signs.
Banner sign. Any sign intended to be hung either with or without frames, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivisions and symbolic flags of any institution or
CHAPTER 25 ART. IV SIGNS, BILLBOARDS, AND OUTDOOR ADVERTISING
business and decorative flags shall not be considered banners for the purpose of this article.
Construction sign. Any sign giving the name or names of principal contractors, architects, engineers, landscape architects, or other such professional persons, and lending institutions responsible for the lawful construction, alteration, remodeling or demolition on the site where the sign is placed. Such signs shall be limited to one listing for each person or organization involved, and such signs shall be removed within thirty (30) days after the issuance of the Certificate of Occupancy or within thirty (30) days of completion of a demolition project.
Directional sign. An off-premises sign, one end of which may be pointed or on which an arrow may be painted, indicating the direction and/or distance to a business, church, school, hospital, park, scenic or historic place or other places of acknowledged public interest, and containing no other advertising. Approval for such sign must be obtained from the Zoning Administrator in residential areas only, who will grant approval only upon the showing by the applicant that the applicant cannot otherwise reasonably direct customers to the location.
Directional sign, business. An on-premises sign, interior to the business development or complex, one end of which may be pointed, or on which an arrow may be painted, which states only the name and location of businesses or professions. This definition includes development in a Multi-family Residential District.
Farm sign. A sign displayed on any farm by the owner or other operator thereof for the purpose of identifying such farm.
Farm product sign. A sign or signs identifying the produce, crops, animals or poultry raised or quartered on the property.
Freestanding sign. Any sign which is supported by structures or supports in or upon the ground and independent of support from any building. Freestanding signs include but are not limited to pole, directory, pylon, and ground signs.
Government/ Public Use sign. Signs erected and maintained by or under the direction of local, state or federal governmental authorities, and any lawful road name and any number sign regardless of whether it is publicly or privately erected. Such signs may contain "danger" or "warning" messages required by governmental or other authorities.
Home occupation sign. A sign permitted in association with an occupation conducted on the premises within a dwelling unit that is clearly a secondary use of the property.
Identification Sign. A permanent sign announcing the name of a subdivision, group housing project, locality, church, school, park, or other public or quasi-public structure or facility located on the premises.
Political campaign sign. A sign used to advertise or promote a candidate for public office or referencing an issue on the ballot in a forth-coming election or primary provided that the sign will be removed within ten (10) days after the election.
Portable sign. Any sign not permanently attached to the ground, a structure or any other sign.
The sign area of portable signs count towards the total sign area allowed.
Public services sign. A sign advertising only the name, time and place of any bona fide fair, carnival, festival, bazaar, horse show or similar event, when conducted by a public agency or for the benefit of any civic, fraternal, religious or charitable cause provided that the sign will be removed within ten (10) days after the end of the event to which it refers.
Pylon/directory sign, on-premises. A sign on which the name of the development and the names and locations of occupants or the uses of a building or group of buildings is listed.
Pylon/directory sign, off-premises. A sign on which the name of the development and the names and locations of occupants or the uses of a building or group of buildings not located upon the premises where such sign is located is listed.
Real estate, lead-in sign. A directional sign used to provide directions to real estate for sale, lease or rent.
No more than one (1) real estate lead-in sign shall be allowed at any road intersection. No such sign shall contain the name of any company or agent, only “homes for sale” and similar phrases.
Real estate, lot sign. On-site signs advertising the sale, rent or lease of a single dwelling unit, building, or vacant lot containing one acre or less; provided that such signs shall be removed promptly after closing of
CHAPTER 25 ART. IV SIGNS, BILLBOARDS, AND OUTDOOR ADVERTISING
the transaction.
Real estate, tract sign. On-site signs advertising the sale, rent or lease of more than one acre of land or multiple lots within a subdivision; provided, that such signs shall be neatly painted and maintained, and shall be removed promptly after closing of the transaction of all tracts or lots within the subdivision.
Residential identification. A sign on the premises with a dwelling unit, announcing the name, owner, manager or location thereof.
Temporary sign. Any sign, banner, pennant or other advertising medium intended to be displayed for a short period of time (not to exceed sixty (60) days in any one year period) as required by the provisions of this article for permanent signs of the same type. This includes “going out of business” signs. (Ord. 09/28/11) Yard sale sign. Any sign advertising a special sale by property owners. Such signs shall be removed within three (3) days after the yard sale has been conducted.
§ 25-42. General provisions.
The following restrictions shall apply to all signs in Augusta County:
A. No sign shall be erected or maintained unless it is in compliance with the regulations of this article.
B. There are no height limitations for signs.
C. No sign shall be erected, constructed or maintained so as to obstruct or interfere with required traffic visibility or sight distance.
D. All signs shall be maintained in good condition and appearance. After due notice, if a sign is not restored to good condition and/or appearance, the sign shall be removed at the owner's expense.
E. Signs advertising an activity, business or service which is no longer active or available shall be removed within sixty (60) days of the date of closing or termination of the activity, business or service. All signs not removed after sixty (60) days of the date of closing, termination, removal, or expiration become illegal signs and shall not be considered nonconforming signs.
F. No freestanding advertising sign larger than four square feet shall be permitted within one hundred feet (100’) of any lot line in a residential zoned district, unless a waiver is granted by the Board of Supervisors pursuant to the requirements set forth in § 25-42M of this Code.
(Ord. 09/28/11) G. No off-premises advertising sign shall be erected within three hundred feet (300’) of a residential zoned district.
H. Along all roadways, other than interstate highways, no off-premises advertising sign shall be larger than two hundred square feet (200 sq. ft.), I. Along all interstate highways, no off-premises advertising sign shall be larger than two hundred square feet (200 sq. ft.) and no off-premises advertising sign shall be erected closer to any other off- premises advertising sign than two thousand feet (2000’) measured on the same side of the right-of-way unless a waiver is granted by the Board of Supervisors pursuant to the requirements set forth in § 25-42M of this Code.
J. Signs or attention-getting devices for adult businesses shall not contain any words or graphics depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in §6-41 of this Code. (Ord. 04/23/08) K. A Building Permit for the erection, alteration, or reconstruction of signs may be required.
L. The erection, alteration, or reconstruction of a sign may be subject to approval from the Virginia Department of Transportation.
M. Waivers. The requirements of §25-42F, § 25-42I, and § 25-47.C. (specifically for Advertising,
CHAPTER 25 ART. IV SIGNS, BILLBOARDS, AND OUTDOOR ADVERTISING
on-premises individual maximum sign size) may be modified or waived in an individual case if the Board of Supervisors finds that the granting of a modification or waiver will have no adverse impact and the sign is compatible with the neighborhood. In granting a modification or waiver, the Board of Supervisors may impose such conditions as deemed necessary to protect the public health, safety, or welfare. (Ord. 09/28/11) § 25-43. Exempt Signs.
The following signs are exempt from the sign regulations:
A. Gas pumps B. Menu boards C. Vending machines D. Ice Machines E. Warning signs such as “no parking, no fishing, and no trespassing” F. Park and ride G. Signs in ballparks and athletic facilities, including outfields and scoreboards H. Government/public use signs I. Political J. In and out signs at entrances § 25-44. Prohibited signs in all districts.
A. No sign, other than government/public use signs or signs erected and maintained by or under the direction of the Virginia Department of Transportation, shall be erected on any dedicated or publicly owned street or road right-of-way.
B. No signs shall be placed on vehicles or trailers which are parked or located for the primary purpose of using the vehicle or trailer as a sign (this does not apply to signs or letters on buses, taxis, or vehicles operating during the normal course of business).
C. No sign shall produce or emit sound of any type.
§ 25-45. Nonconforming signs.
A. No nonconforming sign erected before the effective date of this Chapter shall be enlarged, moved, replaced or repaired at a cost in excess of fifty percent (50%) of its fair market value, unless it shall be brought in compliance with the provisions of this article. All nonconforming signs in any district which are not maintained in a continuous state of good repair and all nonconforming signs which are abandoned for a continuous period of two (2) years shall be removed. For purpose of this Chapter, a sign shall be considered as abandoned if no copy or advertising matter is exhibited on the advertising face of the sign.
B. Should such sign structure be moved for any reason, it shall thereafter conform to the regulations for signs.
§ 25-46. Setbacks.
Signs, where permitted, are not required to meet the setback requirements for the district in which they are located except for the following:
A. No sign shall be so located as to interfere with sight distance for vehicles entering or leaving street intersections, driveways or entrances; B. Off-premises advertising signs along interstate highways shall be set back a minimum of six
CHAPTER 25 ART. IV SIGNS, BILLBOARDS, AND OUTDOOR ADVERTISING
hundred sixty feet (660’) from the nearest edge of the right-of-way.
§ 25-47. Maximum sign sizes and maximum number of signs.
Unless the underlying use is not permitted in the zoning district, the following signs shall be permitted. In no case shall the following maximum individual sign sizes or maximum number of signs be exceeded.
A. Residential Districts.
Type Sign Maximum Individual Sign Size Maximum Number of Signs (square feet) Advertising, off-premises Not permitted Not permitted.
Advertising, on- premises 4 One (1) sign per lot.
Banner 32 One (1) banner per lot.
Construction- one (1) sign per One (1) sign per business individual business per lot.
Construction (multiple businesses listed on a single 32 One (1) sign per lot.
sign) Maximum of one (1) sign at any Directional Only with Zoning Administrator intersection.
approval Directional, business – (Interior to a business development and 4 Maximum of four (4) signs at any includes development located in Only with Zoning Administrator intersection.
a Multi-Family Residential Approval District) Farm 4 One (1) sign per entrance.
Farm product 4 One (1) sign per lot.
Home occupation, “A” or “B” 4 One (1) sign per lot.
Home business, rural N/A N/A Identification 32 Two (2) signs per entrance.
Public service 4 One (1) sign per lot or tract.
Pylon/Directory, on-premises 12 One (1) sign per entrance.
Pylon/Directory, off-premises 12 One (1) sign per entrance.
Real estate, lead-In 4 One (1) sign per intersection.
One (1) sign per real estate Real estate, lot 4 company.
One (1) sign per 500 feet of Real estate, tract 32 public road frontage.
Residential identification 2 Two (2) signs per dwelling.
Yard sale 4 One (1) sign per lot.
CHAPTER 25 ART. IV SIGNS, BILLBOARDS, AND OUTDOOR ADVERTISING
B. Agriculture Districts.
Type Sign Maximum Individual Sign Size Maximum Number of Signs (Square feet) Advertising, off-Premises For Waiver see § 25-42I, and § Two (2) signs per lot.
25-42M
Advertising, on-Premises 32 Two (2) signs per lot.
Agricultural Forestal District 12 Six (6) per district.
Banner 32 One (1) sign per lot.
Construction- one (1) sign per One (1) sign per business individual business per lot.
Construction (multiple businesses listed on a single 32 One (1) sign per lot.
sign) Four (4) signs at any intersection; Directional 8 no more than two (2) directional signs per business.
Directional, business Four (4) signs at any intersection; (Interior to a business no more than two (2) directional development) signs per business.
Directional, Rural Home 8 Two (2) per business.
Business Farm 32 One (1) sign per entrance.
Farm product 32 No limit.
Home occupation, “A” or “B” 4 One (1) sign per lot.
Home business, rural 32 One (1) sign per lot.
Identification 32 Two (2) signs per entrance.
Public service 32 One (1) sign per lot or tract.
Pylon/Directory, on-premises 12 One (1) sign per entrance.
Pylon/Directory off-premises 12 One (1) sign per entrance.
Real estate, lead-In 4 One (1) sign per intersection.
One (1) sign per real estate Real estate, lot 4 company.
One (1) sign per 500 feet of Real estate, tract 64 public road frontage.
Residential identification 4 Two (2) signs per dwelling.
Yard sale 4 One (1) sign per lot.
CHAPTER 25 ART. IV SIGNS, BILLBOARDS, AND OUTDOOR ADVERTISING
C. Business, Industrial, and Public Use Overlay Districts.
The total combined sign area of all signs shall not exceed three (3) square feet of sign area for each lineal foot of lot frontage, including frontage on public roads, private roads, inter- parcel travel ways, and interstate highways.
Type Sign Maximum Individual Sign Size Maximum Number of Signs (Square feet) Advertising, off-premises For Waiver see § 25-42I, and § Two (2) signs per lot.
25-42M
The Board of Supervisors may Advertising, on-premises grant a modification or waiver No Limit.
under the provisions of § 25-42M Banner 32 No Limit.
Construction No Limit No Limit.
Maximum of four (4) signs at any Directional 8 intersection.
Directional, business (Interior to a business 12 No Limit.
development) Pylon/Directory, on-premises No Limit No Limit.
Pylon/Directory, off-premises No Limit No Limit.
Farm 32 One (1) sign per entrance.
Farm product 32 No limit.
Home occupation, “A” or “B” 4 One (1) per lot.
Home business, rural 32 Two (2) signs per lot.
Identification No Limit Two (2) signs per entrance.
Public service 32 No limit.
Real estate, lead-In 4 One (1) sign per intersection.
One (1) sign per real estate Real estate, lot 32 company.
One (1) sign per 500 feet of Real estate, tract 64 public road frontage.
Residential identification 4 Two (2) signs per dwelling.
Yard sale 4 One sign per lot.
(Ord. 2/22/12) § 25-48 through § 25-50. Reserved.
ARTICLE IV, Division A revised and readopted on 2/10/10, eff. 3/1/10 The Chairman declared the public hearing to be open.
There being no speakers, the Chairman declared the public hearing closed.
Ms. Bragg moved, seconded by Mr. Shull, that the Board accept the ordinance amendment as presented.
Vote was as follows: Yeas: Garber, Bragg, Wells, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
Mr. Coleman stated that the larger billboards change the landscape of the area.
CHAPTER 25 ARTICLE XII RURAL RESIDENTIAL (RR) DISTRICTS. SSEC 25-123
USES PERMITTED BY ADMINISTRATIVE PERMIT – ORDINANCE AMENDMENT
This being the day and time advertised to consider an amendment that creates a provision for an administrative permit process in Rural Residential zoning districts for the sale of guns for those holding a Type 1 or Type 3 Federal Firearms License. The Planning Commission recommends approval as written.
AN ORDINANCE TO
TO AMEND CHAPTER 25 ZONING
DIVISION C. SINGLE RESIDENTIAL DWELLING DISTRICTS
ARTICLE XII. RURAL RESIDENTIAL (RR) DISTRICTS.
SECTION 25-123. USES PERMITTED BY ADMINISTRATIVE PERMIT.
WHEREAS, the Augusta County Board of Supervisors has deemed it desirable to amend Section 25-123 of the Augusta County Code so as to permit by administrative permit, in Rural Residential zoning districts, the selling of firearms for individuals holding either a Type 1 or Type 3 Federal Firearms License ; and WHEREAS, the Augusta County Board of Supervisors has established conditions as stated herein for such administrative permit.
NOW THEREFORE be it resolved by the Board of Supervisors for Augusta County that Section 25-123 of the Augusta County be amended as follows:
§ 25-123. Uses permitted by administrative permit.
F. Firearms permits TYPE I or TYPE 3 Federal Firearms License (FFL) permits Type I or Type 3 for the purchase or sale of firearms may be permitted by Administrative Permit provided:
1. The use of the dwelling for the business or activity shall be clearly incidental and subordinate to the use of the dwelling for residential purposes.
There shall be no change in the outside appearance of the dwelling or lot, nor other visible evidence of the conduct of this business or activity; and 2. No signs are permitted; and 3. Such business or activity shall be engaged in only by the owner of record who personally resides in the dwelling and has a valid FFL license; and 4. There shall be no employees; and 5. This dwelling will be only location for firearms to be transferred to the new owner, unless the firearm is shipped directly to a business which holds a valid FFL License, and 7. No display of products made shall be visible from the street; and 8. No outside display or storage of materials, goods, supplies, or equipment in relation to the home occupation; and 9. No accessory building shall be used for such occupation; and 10. No other products or accessories shall be sold on the premises; and 11. There shall be no test firing on site; and
CHAPTER 25 ARTICLE XII RURAL RESIDENTIAL (RR) DISTRICTS. SSEC 25-123
USES PERMITTED BY ADMINISTRATIVE PERMIT – ORDINANCE AMENDMENT
12. The occupation shall not generate more than five (5) vehicular trips in a day. A trip consists of one arrival and one departure; and 13. All parking associated with the business shall be off-street and not located in a required front yard, except within the existing driveway; and 14. Deliveries shall be limited to normal daily deliveries by public and private mail carriers, including USPS, Fed-Ex, UPS, and similar carriers.
The Chairman declared the public hearing to be open.
There being no speakers, the Chairman declared the public hearing closed.
Ms. Bragg moved, seconded by Mr. Shull, that the Board accept the ordinance amendment as presented.
Ms. Carter stated that she would like to add the wording “as it relates to this ordinance” to condition number 10. This will help make the ordinance clearer. Also, look at the condition regarding test firing.
Dr. Pattie stated he agrees with Ms. Carter on the test firing condition.
Ms. Bragg clarifies to change the wording in condition 10 and take out condition 11.
Dr. Pattie moved to amend the motion on the table, seconded by Ms. Carter, to remove condition number 11, test firing, from the ordinance.
Dr. Pattie moved to amend the motion on the table, seconded by Ms. Carter, to remove condition number 10.
Vote was as follows: Yeas: Wells, Pattie, and Carter Nays: Garber, Bragg Shull and Coleman , , Motion failed.
Ms. Bragg moved, seconded by Mr. Shull, that the Board accept the amendment with the removal of condition number 11.
Vote was as follows: Yeas: Garber, Bragg, Wells, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
CHAPTER 25 ART. VII GENERAL AGRICULTURE DISTRICTS SEC 25-73 USES
PERMITTED BY ADMINISTRATIVE PERMIT – ORDINANCE AMENDMENT
This being the day and time advertised to consider an amendment that creates a provision for an administrative permit process in General Agriculture zoning districts for the sale of guns for those holding a Type 1 or Type 3 Federal Firearms License. The Planning Commission recommends approval as written.
AN ORDINANCE TO
TO AMEND CHAPTER 25 ZONING
DIVISION B. AGRICULTURE DISTRICTS
ARTICLE VII. GENERAL AGRICULTURE (GA) DISTRICTS
SECTION 25-73. USES PERMITTED BY ADMINISTRATIVE PERMIT.
WHEREAS, the Augusta County Board of Supervisors has deemed it desirable to amend Section 25-73 of the Augusta County Code so as to permit by administrative permit, in General Agriculture zoning districts, the selling of firearms for individuals holding either a Type 1 or Type 3 Federal Firearms License ; and WHEREAS, the Augusta County Board of Supervisors has established conditions as stated herein for such administrative permit.
NOW THEREFORE be it resolved by the Board of Supervisors for Augusta County that Section 25-73 of the Augusta County be amended as follows:
§ 25-73. Uses permitted by administrative permit.
J. Firearms permits TYPE I or TYPE 3 Federal Firearms License (FFL) permits Type I or Type 3 for the purchase or sale of firearms may be permitted by Administrative Permit provided:
1. The use of the dwelling for the business or activity shall be clearly incidental and subordinate to the use of the dwelling for residential purposes.
There shall be no change in the outside appearance of the dwelling or lot, nor other visible evidence of the conduct of this business or activity; and 2. No signs are permitted; and 3. Such business or activity shall be engaged in only by the owner of record who personally resides in the dwelling and has a valid FFL license; and 4. There shall be no employees; and 5. This dwelling will be only location for firearms to be transferred to the new owner, unless the firearm is shipped directly to a business which holds a valid FFL License, and 7. No display of products made shall be visible from the street; and 8. No outside display or storage of materials, goods, supplies, or equipment in relation to the home occupation; and 9. No accessory building shall be used for such occupation; and 10. No other products or accessories shall be sold on the premises; and 11. There shall be no test firing on site; and 12. The occupation shall not generate more than five (5) vehicular trips in a day. A trip consists of one arrival and one departure; and 13. All parking associated with the business shall be off-street and not located in a required front yard, except within the existing driveway; and 14. Deliveries shall be limited to normal daily deliveries by public and private mail carriers, including USPS, Fed-Ex, UPS, and similar carriers.
CHAPTER 25 ART. VII GENERAL AGRICULTURE DISTRICTS SEC 25-73 USES
The Chairman declared the public hearing to be open.
There being no speakers, the Chairman declared the public hearing closed.
Ms. Bragg moved, seconded by Dr. Pattie, that the Board accept the amendment with the removal of condition number 11, no test firing on site.
Vote was as follows: Yeas: Garber, Bragg, Wells, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
CHAPTER 25 ART. 1 GENERAL PROVISIONS. SECTION 25-4. DEFINITIONS.
SPECIAL USES PERMIT – ORDINANCE AMENDMENT
This being the day and time advertised to consider an amendment that clarifies that a Special Use Permit can also be granted by the Board of Supervisors as is consistent with Article LVII. Special Use Permit procedures. The Planning Commission recommends approval as written.
AN ORDINANCE TO
TO AMEND CHAPTER 25 ZONING
DIVISION A. IN GENERAL
ARTICLE I. GENERAL PROVISIONS
SECTION 25-4. DEFINITIONS
OF THE AUGUSTA COUNTY CODE
WHEREAS, the Augusta County Board of Supervisors has deemed it desirable to amend Section 25-4 of the Augusta County Code for the Special Use Permit definition; and WHEREAS, the Augusta County Board of Supervisors deems such amendment desirable for consistency with Article LVIII. Special Use Permit procedures of the Augusta County Code.
NOW THEREFORE be it resolved by the Board of Supervisors for Augusta County that Section 25-4 of the Augusta County be amended as follows:
§ 25-4. Definitions.
Special Use Permit. A special exception granted by the board of zoning appeals or the board of supervisors as determined under the provisions of this chapter.
The Chairman declared the public hearing to be open.
There being no speakers, the Chairman declared the public hearing closed.
CHAPTER 25 ART. 1 GENERAL PROVISIONS. SECTION 25-4. DEFINITIONS.
Ms. Bragg moved, seconded by Mr. Shull, that the Board accept the ordinance amendment as presented.
Vote was as follows: Yeas: Garber, Bragg, Wells, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
CHAPTER 25 ART. 1 GENERAL PROVISIONS. SECTION 25-4. DEFINITIONS.
KENNEL – ORDINANCE AMENDMENT
This being the day and time advertised to consider an amendment that changes the age of an adult dog as is referenced in the definition from six months of age to four months of age to be consistent with state code. The Planning Commission recommends approval as written.
AN ORDINANCE TO
TO AMEND CHAPTER 25 ZONING
DIVISION A. IN GENERAL
ARTICLE I. GENERAL PROVISIONS
SECTION 25-4. DEFINITIONS
OF THE AUGUSTA COUNTY CODE
WHEREAS, the Augusta County Board of Supervisors has deemed it desirable to amend Section 25-4 of the Augusta County Code for the Kennel definition so as to amend the age of an adult dog from 6 months to 4 months; and WHEREAS, the Augusta County Board of Supervisors deems such amendment desirable for consistency with Virginia State Code.
NOW THEREFORE be it resolved by the Board of Supervisors for Augusta County that Section 25-4 of the Augusta County be amended as follows:
§ 25-4. Definitions.
Kennel. Any structure or premises on which five (5) or more dogs over four (4) months of age are kept.
The Chairman declared the public hearing to be open.
There being no speakers, the Chairman declared the public hearing closed.
Ms. Bragg moved, seconded by Mr. Shull, that the Board accept the ordinance amendment as presented.
Vote was as follows: Yeas: Garber, Bragg, Wells, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
CHAPTER 25 ART. V ACCESSORY BUILDINGS AND USES. SEC. 25-54.1 USES
ACCESSORY TO SINGLE-FAMILY RESIDENCES – ORDINANCE AMENDMENT
This being the day and time advertised to consider an amendment that changes the age of an adult dog as is referenced in the provision for the keeping of dogs from six months of age to four months of age to be consistent with state code. The Planning Commission recommends approval as written.
AN ORDINANCE TO
TO AMEND CHAPTER 25 ZONING
DIVISION A. IN GENERAL
ARTICLE V. ACCESSORY BUILDINGS AND USES
SECTION 25-54.1. USES ACCESSORY TO SINGLE-FAMILY RESIDENCES
OF THE AUGUSTA COUNTY CODE
WHEREAS, the Augusta County Board of Supervisors has deemed it desirable to amend Section 25-54.1.
so as to change the age of an adult dog from 6 months to 4 months as is referenced in the provision for the keeping of dogs; and WHEREAS, the Augusta County Board of Supervisors deems such amendment desirable for consistency with Virginia State Code.
NOW THEREFORE be it resolved by the Board of Supervisors for Augusta County that Section 25-54.1 of the Augusta County be amended as follows:
§ 25-54.1. Uses accessory to single-family residences.
The following uses are permitted in any zoning district when accessory to a single-family dwelling:
D. The keeping of dogs and cats, in the following numbers:
1. With respect to dogs, up to four (4) dogs over the age of four (4) months. Dog houses, pens and similar structures are permitted. The keeping of more than four (4) dogs over the age of four (4) months shall in every case be deemed a kennel for which a Special Use Permit is required when allowed by district regulations; and The Chairman declared the public hearing to be open.
There being no speakers, the Chairman declared the public hearing closed.
Ms. Bragg moved, seconded by Mr. Shull, that the Board accept the ordinance amendment as presented.
Vote was as follows: Yeas: Garber, Bragg, Wells, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
CHAPTER 25 ART. V ACCESSORY BUILDINGS AND USES. SEC. 25-55. USES
ACCESSORY TO MULTI-FAMILY RESIDENCES – ORDINANCE AMENDMENT
This being the day and time advertised to consider an amendment that changes the age of the adult dog as is referenced in the provision for the keeping of dogs from six months of age to four months of age to be consistent with state code. The Planning Commission recommends approval.
CHAPTER 25 ART. V ACCESSORY BUILDINGS AND USES. SEC. 25-55. USES
ACCESSORY TO MULTI-FAMILY RESIDENCES – ORDINANCE AMENDMENT
AN ORDINANCE TO
TO AMEND CHAPTER 25 ZONING
DIVISION A. IN GENERAL
ARTICLE V. ACCESSORY BUILDINGS AND USES
SECTION 25-55. USES ACCESSORY TO MULTI-FAMILY RESIDENCES
OF THE AUGUSTA COUNTY CODE
WHEREAS, the Augusta County Board of Supervisors has deemed it desirable to amend Section 25-55.
so as to change the age of an adult dog from 6 months to 4 months as is referenced in the provision for the keeping of dogs; and WHEREAS, the Augusta County Board of Supervisors deems such amendment desirable for consistency with Virginia State Code.
NOW THEREFORE be it resolved by the Board of Supervisors for Augusta County that Section 25-55 of the Augusta County be amended as follows:
§ 25-55. Uses accessory to multi-family residences.
The following uses are permitted in any zoning district when accessory in multi-family dwelling developments:
B. Uses accessory to individual dwelling units.
1. The keeping of dogs and cats, in the following numbers:
a. With respect to dogs, up to four (4) dogs over the age of four (4) months.
Dog houses, pens and similar structures are permitted. The keeping of more than four (4) dogs over the age of four (4) months shall in every case be deemed a kennel for which a Special Use Permit is required when allowed by district regulations; and The Chairman declared the public hearing to be open.
There being no speakers, the Chairman declared the public hearing closed.
Ms. Bragg moved, seconded by Mr. Shull, that the Board accept the ordinance amendment as presented.
Vote was as follows: Yeas: Garber, Bragg, Wells, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
CHAPTER 25 ART VII GENERAL AGRICULTURE DISTRICTS. SEC 25-72.1
ACCESSORY BUILDINGS AND USES – ORDINANCE AMENDMENT
This being the day and time advertised to consider an amendment that changes the age of an adult dog as is referenced in the provision for the keeping of dogs used for agricultural purposes from six months of age to four months of age to be consistent with state code. The Planning Commission recommends approval as written.
CHAPTER 25 ART VII GENERAL AGRICULTURE DISTRICTS. SEC 25-72.1
AN ORDINANCE TO
TO AMEND CHAPTER 25 ZONING
DIVISION B. AGRICULTURE DISTRICTS
ARTICLE VII. GENERAL AGRICULTURE (GA) DISTRICTS
SECTION 25-72.1. ACCESSORY BUILDINGS AND USES
OF THE AUGUSTA COUNTY CODE
WHEREAS, the Augusta County Board of Supervisors has deemed it desirable to amend Section 25-72.1.
so as to change the age of an adult dog from 6 months to 4 months as is referenced in the provision for the keeping of dogs used for agricultural purposes; and WHEREAS, the Augusta County Board of Supervisors deems such amendment desirable for consistency with Virginia State Code.
NOW THEREFORE be it resolved by the Board of Supervisors for Augusta County that Section 25-72.1 of the Augusta County be amended as follows:
§ 25-72.1. Accessory buildings and uses.
G. The keeping of dogs used for agricultural purposes provided:
1. Up to six (6) dogs over the age of four months if used primarily for the maintenance, protection, or herding of livestock on a bona fide agricultural operation; and 2. The parcel contains a minimum of six (6) acres in area.
(Ord. 6/28/17) The Chairman declared the public hearing to be open.
There being no speakers, the Chairman declared the public hearing closed.
Ms. Bragg moved, seconded by Mr. Shull, that the Board accept the ordinance amendment as presented.
Vote was as follows: Yeas: Garber, Bragg, Wells, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
MATTERS TO BE PRESENTED BY THE PUBLIC — NONE
COURTHOUSE PROJECT – HAZARDOUS MATERIALS SURVEY AND
CONSTRUCTION ABATEMENT DOCUMENTS
The Board considered the contract to complete a hazardous materials survey and construction abatement documents for Beverley Manor Elementary, the District Courts Building, and the 1901 Circuit Courthouse.
Funding Source: Capital 80000-8148 $31,668.00 Candy Hensley, Assistant to County Administrator, stated that this is a contract from Moseley and a sub-contractor, F&R, for regulated hazardous material work at Beverley Manor Elementary School, the Circuit Courthouse and the District court building. This is work needed for asbestos, lead paint, PCB’s, CFS’s and such contaminants. The work will be completed in all three buildings and plans will be developed in the overall construction plans when demolishing or renovating is ready to begin. These items will need to be removed and properly handled. The contract amount was $31,668.00 for all three buildings. When construction begins, another proposal will be presented for Board approval for hazardous mitigation part.
Ms. Carter questioned the terminology in the contract. F&R states regulated materials survey. She also mentioned the survey that was completed previously for Beverley Manor Elementary.
Ms. Hensley stated this is for a regulated material survey. She also stated that there was a management plan completed in 1988. The plan shows the locations within the building of asbestos material only. This will be reviewed by F&R and will be incorporated in the plan if needed.
Ms. Carter stated that nothing has changed since the management plan was completed in 1988. This may be a cost that can be taken out.
Ms. Bragg moved, seconded by Mr. Shull, that the Board accept the contract to complete a hazardous material survey and construction abatement documents from Beverley Manor Elementary, The Circuit Courthouse and the District court building in the amount of up to $31,668.00.
Vote was as follows: Yeas: Garber, Bragg, Wells, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
SCHOLASTIC WAY PHASE 4
The Board considered the following:
Ms. Hensley stated that phases 1-3 are complete. She showed a map of the area.
Phase 5 plans have not been created. Phase 4 section is on Round Hill Road. VDOT requirements have been completed and construction is ready to begin. This is an 80/20 percent match through VDOT’s Alternative’s Program. The bids came in higher than anticipated. It was also higher than the engineers estimate provided by McCormick Taylor. There were efforts made to try to reduce the price and stay within the budget.
After discussing the budget issue with Mr. Wells, he has agreed to fund the additional costs from his infrastructure account.
1. A request from Beverley Manor Infrastructure account in the amount of $17,025.00 to cover the additional expenses to be accrued for completion of this project.
Funding Source: Beverley Manor Infrastructure 80000-8011-93 $17,025.00 Mr. Wells moved, seconded by Mr. Coleman, that the Board approve the funding request from the Beverley Manor Infrastructure account.
Vote was as follows: Yeas: Garber, Bragg, Wells, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
2. A request to award the construction bid to S&K Excavating, Inc. in the amount of $251,400.00 which includes a 10% contingency for construction.
Funding Source: Scholastic Way 80000-8070 $251,400.00 Mr. Wells moved, seconded by Mr. Coleman, that the Board approve awarding the construction bid to S&K Excavating, Inc. in the amount of $251,400.00 Vote was as follows: Yeas: Garber, Bragg, Wells, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
FISCAL YEAR – 2019-20 ARTS GRANT
Consider submission of Arts Grant to State for the following programs.
STATE COUNTY TOTAL
Staunton/Augusta Art Center $1,500.00 $1,666.67 $3,166.67 ShenanArts 1,500.00 1,666.67 3,166.67 Stonewall Brigade Band 1,500.00 1,666.66 3,166.66 $4,500.00 $5,000.00 $ 9,500.00
FUNDING SOURCE: FINE ARTS GRANT ACCOUNT #81020-5698 $5,000
Jennifer Whetzel, Deputy County Administrator, stated that historically the Board partners with area agencies for a local government challenge grant offered by the Virginia Commission of the Arts. The name has changed to The Creative Communities Partnership Grant, but the criteria remains the same. It encourages local government to support the arts. The Commission will match up to $4,500.00 in grant funding.
Historically the grant had been $5,000.00. A few years ago it was reduced to $4,500.00 and the Board agreed to continue the $5,000.00 funding at that time. The deadline to submit the application is April 1, 2019 and requires local match from the County. The funding is included in the budget. The three agencies are the Staunton/Augusta Art Center, ShenanArts and Stonewall Brigade Band.
Ms. Bragg moved, seconded by Mr. Shull, that the Board approve submitting the art grant application with a County match of $5,000.00.
Vote was as follows: Yeas: Garber, Bragg, Wells, Shull, Coleman, Pattie and Carter Nays: None Motion carried.
WAIVERS
The Board considered a waiver request from Section 24-2 Fire Flow Requirements for David Gardner.
John Wilkinson, Director of Community Development, stated that Dr. Gardner plans to construct an 1800 square foot building for general retail sales and farmers market. The new building will be class b that requires no less than 1,000 gallons per minute onsite for a two hour duration. The closest current fire hydrant is over 1,000 feet away and on the opposite side of the road. This property is in an Urban Service Area that requires fire flow unless the Boards choses to waive the requirement. The cost to extend the water 1,000 feet would be unreasonable. Combined with the fact that the Weyers Cave Fire Department is less than two miles from the site and there is an adjacent stream about 300 feet behind the property.
Dr. Pattie moved, seconded by Mr. Shull, that the Board approve the waiver request.
Vote was as follows: Yeas: Garber, Bragg, Wells, Shull, Coleman, Pattie and Carter Nays: None Motion carried.
Mr. Wilkinson stated he had a request from Shawn Curry for a utility easement approval for a twelve foot easement to install sewer lines in the County’s right-of-way. The utility easement would provide water and sewer to Mr. Curry’s dwelling and four existing lots he intends to purchase. There are currently no public water and sewer lines in this area. They are only available from the Town of Grottoes Utility Department. The Augusta County Service Authority and the Town of Grottoes have no issues with the request.
James Benkahla, County Attorney, asked if this was an easement across County property.
Mr. Wilkinson stated that it is across County property.
Mr. Benkahla pointed out that there would need to be a public hearing held for this request.
CONSENT AGENDA
Ms. Bragg moved, seconded by Dr. Pattie, that the Board approve the consent agenda as follows:
CLAIMS
Considered claims paid since February 1, 2019 Vote was as follows: Yeas: Garber, Bragg, Wells, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
(END OF CONSENT AGENDA)
MATTERS TO BE PRESENTED BY THE BOARD
Ms. Bragg informed everyone that Blue Ridge Community College has opened an online site that will allow students to register for classes, study and take online classes.
Reminder of the Chamber of Commerce Business Award Banquet next Thursday.
Valley Vo-Tech now offers a manufacturing program.
Ms. Carter stated the Broadband Committee is growing with participation with the community.
Mr. Coleman discussed the issue with Augusta Health and University of Virginia duplication of services. He has reached out to board members from Augusta Health, Senator Landes and Senator Hanger. Landes is aware of the situation and is opposed to it and has drafted a letter. Mr. Coleman would like a letter sent from the Board of Supervisors regarding this issue.
Mr. Garber pointed out that there are a number of questions to be considered before taking action. The issue will be brought back for discussion during the March 25th Staff Briefing.
Mr. Shull announced that he will be running for re-election in November. He also discussed the Greenville Grocery issue and the condition of store. Get with health department to have a letter sent to owners deeming the structure a public health threat.
Mr. Wells attended the Solar Launch at Clymore Elementary.
MATTERS TO BE PRESENTED BY STAFF
Timothy Fitzgerald, County Administrator discussed the following issues:
1. Reminded the Board of the Budget Worksession on March 18, 2019 at 8:30 a.m.
2. Reminded the Board of the Solar Worksession on March 20, 2019 at 9:00 a.m.
CLOSED SESSION
On motion of Ms. Bragg, seconded by Mr. Shull, the Board went into closed session pursuant to:
(1) the personnel exemption under Virginia Code § 2.2-3711(A)(1) [discussion, consideration or interviews of (a) prospective candidates for employment, or (b) assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific employees]:
a) Boards and Commissions (2) the economic development exemption under Virginia Code § 2.2-3711(A)(5) [discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of its interest in locating or expanding its facilities in the county]:
a) Proposed Office space, flex space, storage facilities, manufacturing facilities, utility and mixed use development.
(3) the real property exemption under Virginia Code § 2.2-3711(A)(3) [discussion of the acquisition for a public purpose, or disposition, of real property]:
a) Ladd Elementary (4) the legal counsel exemption under Virginia Code § 2.23711(A)(8) Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter.
a) Zoning and land use issues On motion of Mr. Shull, seconded by Ms. Bragg, the Board came out of Closed Session.
Vote was as follows: Yeas: Garber, Bragg, Wells, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
The Chairman advised that each member is required to certify that to the best of their knowledge during the closed session only the following was discussed:
1. Public business matters lawfully exempted from statutory open meeting requirements, and 2. Only such public business matters identified in the motion to convene the executive session.
The Chairman asked if there is any Board member who cannot so certify.
Hearing none, the Chairman called upon the County Administrator/ Clerk of the Board to call the roll noting members of the Board who approve the certification shall answer AYE and those who cannot shall answer NAY.
Roll Call Vote was as follows:
Yeas: Garber, Bragg, Wells, Shull, Coleman, Pattie, and Carter Nays: None Motion carried.
The Chairman authorized the County Administrator/Clerk of the Board to record this certification in the minutes.
ADJOURNMENT
There being no other business to come before the Board, Dr. Pattie moved, seconded by Ms. Bragg, the Board adjourn subject to call of the Chairman.
Vote was as follows: Yeas: Garber, Bragg, Shull, Wells, Coleman, Pattie and Carter Nays: None Motion carried.
Chairman County Administrator h:03-13min.19
