Attachment D

 

County of Albemarle Zoning Ordinance

 

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.

(Amended 11-15-89)

b. The commission may modify or waive any requirement of section 4.2 in a particular case

upon finding that: (Amended 11-15-89)

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 (Added 11-15-89)

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 proper ties.

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 (Added 11-15-89)

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. (Added 11-15-89)

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 section 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, 4.2.5; ; 11-15-89; Ord. 01-18(4), 5-9-01)

4.2.6 EXEMPTIONS

A lot, structure, or improvement may be exempt from the requirements of section 4.2 as provided

herein: (Added 10-17-01)

a. Any structure which was lawfully in existence prior to the effective date of this chapter and

which is nonconforming solely on the basis of the requirements of section 4.2, may be

expanded, enlarged, extended, modified and/or reconstructed as though such structure were a

conforming structure. For the purposes of this section, the term "lawfully in existence" shall

also apply to any structure for which a site development plan was approved or a building

permit was issued prior to the effective date of this chapter, provided such plan or permit has

not expired. (Amended 10-17-01)

b. Any lot or parcel of record which was lawfully a lot of record on the effective date of this

chapter shall be exempt from the requirements of section 4.2 for the establishment of the first

single-family detached dwelling unit on such lot or parcel; provided that section 4.2.3.2 shall

apply to such lot or parcel if it contains adequate land area in slopes of less than twenty-five

(25) percent for the location of such structure. For the purposes of this section a

manufactured home shall be deemed a single-family detached dwelling unit. (Amended 10-

17-01)

c. Accessways, public utility lines and appurtenances, stormwater management facilities, and

any other public facilities necessary to allow the use of the parcel shall not be required to be

located within a building site and shall not be subject to the requirements of this section 4.2.2,

provided that the applicant demonstrates that no reasonable alternative location or alignment

exists. The county engineer shall require that protective and restorative measures be installed

and maintained as deemed necessary to insure that the development will be consistent with

the intent of section 4.2 of this chapter. (Added 10-17-01)

( 4.2.6, 12-10-80; Ord. 01-18(7), 10-17-01)

 

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