ORDINANCE NO.  04-18(  )

 

AN ORDINANCE TO AMEND CHAPTER 18, ZONING, 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 III, District Regulations, of the Code of the County of Albemarle are amended and reordained as follows:

 

By Amending:

 

Sec. 10.2.2      By special use permit

Sec. 10.3.3.3   Special provisions

Sec. 10.5.2      Where permitted by special use permit

 

Chapter 18.  Zoning

 

Article III.  District Regulations

 

Sec. 10.2.2 By special use permit

 

            The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:  (Added 10-9-02)

 

            1.   Community center (reference 5.1.04).

 

2.   Clubs, lodges, civic, patriotic, fraternal (reference 5.1.02).

 

3.   Fire and rescue squad stations (reference 5.1.09).

 

4.   Swim, golf, tennis or similar athletic facilities (reference 5.1.16).

 

5.   Private schools.

 

6.   Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances, unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations and appurtenances.

 

7.   Day care, child care or nursery facility (reference 5.1.06).

 

8.   (Repealed 3-5-86)

 

9.   Mobile home subdivisions (reference 5.5).

 

10. (Repealed 11-11-92)

 

11. (Repealed 3-15-95)

 

12. Horse show grounds, permanent.

 

13. Custom slaughterhouse.

 

14. Sawmills, planing mills and woodyards (reference 5.1.15 and subject to performance standards in 4.14).

 

15. Group homes and homes for developmentally disabled persons as described in section 15.1-486.2 of the Code (reference 5.1.07).

 

16. (Repealed 11-15-95)

 

17. Commercial kennel (reference 5.1.11 and subject to performance standards in 4.14).

 

18. Veterinary services, animal hospital (reference 5.1.11 and subject to performance standards in 4.14).

 

19. Private airport, helistop, heliport, flight strip (reference 5.1.01).

 

20. Day camp, boarding camp (reference 5.1.05).

 

21. Sanitary landfill (reference 5.1.14).

 

22. Country store.

 

23. Commercial fruit or agricultural produce packing plants. (Amended 11-8-89)

 

24. (Repealed 11-8-89)

 

25. Flood control dams and impoundments.

 

26. (Repealed 11-8-89)

 

27. Restaurants and inns that are:

 

a.   Located within an historic landmark as designated in the comprehensive plan, provided: (i) the structure has been used as a restaurant, tavern or inn; and (ii) the structure shall be restored as faithfully as possible to the architectural character of the period and shall be maintained consistent therewith; or

 

b.      Nonconforming uses, provided the restaurant or inn is served by existing water and sewerage systems having adequate capacity for both the existing and proposed uses and facilities without expansion of either system. (Amended 11-8-89; 10-18-00)

 

28. Divisions of land as provided in section 10.5.2.1.

 

29. Boat landings and canoe livery.

 

30. Permitted residential uses as provided in section 10.5.2.1.

 

31. Home occupation, Class B (reference 5.2).

 

32. Cemetery.

 

33.  Crematorium.

 

34.  (Repealed 3-21-01)

 

35. Church building and adjunct cemetery.

 

            36. Gift, craft and antique shops.

 

      37. Public garage.  (Added 3-18-81)

 

      38. Exploratory drilling.  (Added 2-10-82)

 

      39. Hydroelectric power generation (reference 5.1.26).  (Added 4- 28-82)

 

      40. Borrow area, borrow pit not permitted under section 10.2.1.18. (Added 7-6-83)

 

      41. Convent, Monastery (reference 5.1.29).      (Added 1-1-87)

 

      42. Temporary events sponsored by local nonprofit organizations which are related to,  and supportive of the RA, rural areas, district (reference 5.1.27).  (Added 12-2-87)

 

      43. Agricultural Museum (reference 5.1.30).  (Added 12-2-87)

 

      44. Theatre, outdoor drama.  (Added 6-10-92)

 

      45. Farm sales (reference 5.1.35).  (Added 10-11-95)

 

46.  Off-site parking for historic structures or sites (reference 5.1.38) or off-site  employee parking for an industrial use in an industrial zoning district (reference 5.1.39).

 

      47.  Animal shelter (reference 5.1.11).  (Added 6-16-99).

 

Sec. 10.3.3.3 Special provisions (Added 11-8-89)

 

In addition to design standards as set forth in section 10.3.3.2 and other regulation, the following special provisions shall apply to any rural preservation development:

 

a.   The maximum number of lots within a rural preservation development shall be the same as may be achievable pursuant to section 10.3.1 and section 10.3.2 and other applicable law. Each rural preservation tract shall count as one (1) lot.  In the case of any parcel of land which, prior to application for rural preservation development, has been made subject to a conservation, open space or other similar easement which restricts development on the parcel, the total number of lots available for rural preservation development shall not exceed the number available for conventional development as limited by any such previously imposed easement or easements;

 

b.   Section 10.3.3.3.a notwithstanding, no rural preservation development shall contain more than twenty (20) development lots; except that the board of supervisors may authorize more than twenty (20) development lots by issuance of a special use permit pursuant to section 10.5.2;

 

c.   Provisions of section 10.3.3, rural preservation development, shall be applied to the entire parcel. Combination of conventional and rural preservation development within the parcel shall not be permitted, provided that the total number of lots achievable under section 10.3.1 and section 10.3.2 shall be permitted by authorization of more than one (1) rural preservation tract.  Nothing contained herein shall be deemed to preclude the commission director of current development and zoning from approving a rural preservation development for multiple tracts of adjoining land, or on land divided or otherwise altered prior to the effective date of this provision; provided that, in either case, the provisions of section 10.3.3 shall be applicable;

 

d.   The area devoted to development lots together with the area of roadway necessary to provide access to such lots shall not exceed the number of development lots multiplied by a factor of six (6) expressed in acres;

 

e.   No rural preservation development shall contain less than one (1) rural preservation tract.  The commission director of current development and zoning may authorize more than one (1) rural preservation tract in a particular case pursuant to the various purposes of rural preservation development as set forth in section 10.3.3.2 or in accord with section 10.3.3.3.c, as the case may be;

 

f.        No rural preservation tract shall consist of less than forty (40) acres.  Except as specifically permitted by the commission director of current development and zoning at time of establishment, not more than one (1) dwelling unit shall be located on any rural preservation tract or development lot.  No rural preservation tract shall be diminished in area. These restrictions shall be guaranteed by perpetual easement accruable to the County of Albemarle and the public recreational facility authority of Albemarle County in a form acceptable to the board.  In accordance with Chapter 14 of the Code of Albemarle, the director of planning and community development shall serve as agent for the board of supervisors to accept such easement.  Thereafter, such easement may be modified or abandoned only by mutual agreement of the grantees to the original agreement.

 

            g.   Each application for a rural preservation development is subject to the review and approval of the director of current development and zoning.

 

Sec. 10.5.2 Where permitted by special use permit

 

10.5.2.1 The board of supervisors may authorize the issuance of a special use permit for:   (Amended 11-8-89)

 

a.   Mmore lots than the total number permitted under section 10.3.1 and section 10.3.2; provided that no such permit shall be issued for property within the boundaries for the watershed of any public drinking water supply impoundment; and/or and further provided that no such permit shall be issued to allow more development lots within a proposed rural preservation development than that permitted by right under section 10.3.3.3(b). (Added 11-8-89)

 

b.   More development lots than permitted under section 10.3.3.3.b. (Added 11-8-89)

 

The board of supervisors shall determine that such division is compatible with the neighborhood as set forth in section 31.2.4.1 of this ordinance chapter,. with reference to the goals and objectives of the comprehensive plan relating to rural areas including the type of division proposed and specifically, as to this section only, with reference to the following:  (Amended 11-8-89)

 

1.      The size, shape, topography and existing vegetation of the property in relation to its suitability for agricultural or forestal production as evaluated by the United States Department of Agriculture Soil Conservation Service or the Virginia Department of Forestry.

 

2.   The actual suitability of the soil for agricultural or forestal production as the same shall be shown on the most recent published maps of the United States Department of Agriculture Soil Conservation Service or other source deemed of equivalent reliability by the Soil Conservation Service.

 

3.   The historic commercial agricultural or forestal uses of the property since 1950, to the extent that is reasonably available.

 

4.   If located in an agricultural or forestal area, the probable effect of the proposed development on the character of the area.  For the purposes of this section, a property shall be deemed to be in an agricultural or forestal area if fifty (50) percent or more of the land within one (1) mile of the border of such property has been in commercial agricultural or forestal use within five (5) years of the date of the application for special use permit.  In making this determination, mountain ridges, major streams and other physical barriers which detract from the cohesiveness of an area shall be considered.

 

5.   The relationship of the property in regard to developed rural areas.  For the purposes of this section, a property shall be deemed to be located in a developed rural area if fifty (50) percent or more of the land within one (1) mile of the boundary of such property was in parcels of record of five (5) acres or less on the adoption date of this ordinance.  In making this determination, mountain ridges, major streams and other physical barriers which detract from the cohesiveness of an area shall be considered.

 

6.   The relationship of the proposed development to existing and proposed population centers, services and employment centers. A property within areas described below shall be deemed in proximity to the area or use described:

 

a.   Within one mile roadway distance of the urban area boundary as described in the comprehensive plan; (Amended 11-8-89)

 

b.   Within one-half mile roadway distance of a community boundary as described in the comprehensive plan; (Amended 11-8-89)

 

c.   Within one-half mile roadway distance of a village as described in the comprehensive plan. (Amended 11-8-89)

 

7.   The probable effect of the proposed development on capital improvements programming in regard to increased provision of services.

 

8.   The traffic generated from the proposed development would not, in the opinion of the Virginia Department of Transportation: (Amended 11-8-89)

 

a.   Occasion the need for road improvement;

 

b.   Cause a tolerable road to become a nontolerable road;

 

c.   Increase traffic on an existing nontolerable road.

 

9.   With respect to applications for special use permits for land lying wholly or partially within the boundaries for the water shed watershed of any public drinking water impoundment, the following additional factors shall be considered:

 

a.   The amount and quality of existing vegetative cover as related to filtration of sediment, phosphorous, heavy metals, nitrogen and other substances determined harmful to water quality for human consumption;

 

b.   The extent to which existing vegetative cover would be removed or disturbed during the construction phase of any development;

 

c.   The amount of impervious cover which will exist after development;

 

d.   The proximity of any paved (pervious or impervious) area, structure, or drain field to any perennial or intermittent stream or impoundment; or during the construction phase, the proximity of any disturbed area to any such stream or impoundment;

 

e.   The type and characteristics of soils including suitability for septic fields and erodability;

 

f.    The percentage and length of all slopes subject to disturbance during construction or upon which any structure, paved area (pervious or impervious) or active recreational area shall exist after development;

 

g.   The estimated duration and timing of the construction phase of any proposed development and extent to which such duration and timing are unpredictable;

 

h.   The degree to which original topography or vegetative cover have been altered in anticipation of filing for any permit hereunder;

 

i.    The extent to which the standards of Chapter 17 et seq. of the Code of Albemarle can only be met through the creation of artificial devices, which devices will:

 

1.   Require periodic inspection and/or maintenance;

 

2.   Are susceptible to failure or overflow for run-off associated with any one hundred year or more intense storm.

 

10.5.2.2 MATERIALS TO BE SUBMITTED BY THE APPLICANT

 

The commission and the board of supervisors may require the applicant to submit such information as deemed necessary for the adequate review of such application provided that such information shall be directly related to items 1, 2, 3 and 9 of section 10.5.2.1.

 

This ordinance shall become effective July 1, 2004.

 

Return to PC actions memo
Go to Staff report