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2007 SESSION
071136724Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 15.2-2295.2 as follows:
§ 15.2-2295.2. Scenic protection and tourist enhancement.
Albemarle County may by ordinance establish one or more overlay zones to regulate the visual impacts of buildings and structures. Any such overlay zone may be established upon any area in the county where it is determined that the visual impacts of buildings and structures within such area may have a significant adverse impact upon the county’s scenic resources or on tourism. An ordinance adopted under this section may provide that no building or structure for which a building permit or other county approval is required shall be erected, reconstructed, altered, or restored within any such overlay zone unless the building or structure complies with standards established for the purpose of protecting the county’s scenic resources and enhancing tourism by minimizing the visual impacts of such buildings or structures. An ordinance adopted under this section shall provide that the decision as to whether a proposed building or structure complies with the standards established for the overlay zone shall be made administratively by the county’s staff, without a public hearing; provided that an applicant may appeal an adverse determination to the planning commission or board of supervisors as provided in the ordinance.