Charlottesville design panel approves design for fence that will need approval from City Council

Charlottesville’s new Development Code is less than two years old and staff, developers, and the public are all getting used to new rules that are likely no longer legally in jeopardy due to a pending settlement.

While the city’s Department of Neighborhood Development Services is reviewing minor changes to the new rules, applicants seeking changes to their property have to go through with what’s currently written. That includes the owners of 530 East Main Street who want to install new fences and railings at their property across from City Hall.

However, fences are not allowed in the front of properties in the Downtown Mixed Use zoning code which means City Council must grant an exception.

The Board of Architectural Review also has to approve a Certificate of Appropriateness for any exterior changes.

According to the staff report for the October 21, 2025 BAR meeting, the structure was built in the early 1900’s for the Irving, Way & Hill Company, a manufacturer of livery and carriages. A fire broke out in the 1950’s demolishing several structures. Additions were made soon after and in the 1980’s, according to Charlottesville preservation planner Jeff Werner.

“Portions were kept, the upper stories were dropped and then the brick building that’s out there now was built and incorporating a courtyard accessible off of the Mall,” Werner said.

The applicant wanted to know if they could install a fence on top of raised brick walls, but Werner told that that the new code does not allow such structures in the front yards in the Downtown zoning area. The BAR could process part of the application but City Council would need to approve a special exception.

Andrea Nelson represented the owners of 530 East Main Street and said they’re trying to improve the exterior of the building. They also want to increase the height of the fences as a security measure.

BAR member Cheri Lewis offered more information before she offered her support.

“I think the applicant’s been very nice not to mention this, but we know the reason that this is being done is that there are trespassers that not necessarily may be trying to break into the building, but they’re using these planted areas to urinate and defecate and possibly even sleep there,” Lewis said.

Other members said the fence was too high including Planning Commissioner Carl Schwarz.

“I think it would be very odd to put a fence on top of that low wall,” Schwarz said. “And I apologize that you have a problem that you would need to fence off that little grassy portion but it’s too tall and it’s, there’s no, you know, our guidelines say don’t add fences in areas where fences exist. And I know this building has fences, but downtown doesn’t have fences.”

Other members suggested the fence could be three feet tall instead of four feet tall. The existing fence is 15 inches.

Nelson said the property owners just want a solution.

“My staff are having to pick up feces on that brick wall and that area, which is, you know, not something that they should have to handle or try to prevent as it’s happening in broad daylight,” Nelson said.

Lewis made a motion to approve the design as submitted, stating that applicants have a right to protect their private property. The motion passed 3 to 2. The next step is for the item to go to City Council for a special exception. NDS staff denied a minor development plan on September 29, 2025.

Want to see the legalese?

“Proposed fencing within the front yard (Section 34-2.10.1.D.2) is not permitted per Section 34-2.5.6.B.6,” reads the letter from Carrie Rainey, a city planner “Options to permit the fencing are outlined within Section 34-5.2, including a Special Exception Permit from City Council or a Variance from the Board of Zoning Appeals.”

If approved, the new fencing would be installed by Stokes of England Blacksmiths USA.

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