February 14, 2007


Todd Gordon

The Cox Company

220 East High Street

Charlottesville, VA  22902


William Craun

Environmental Health

Thomas Jefferson Health Department

1138 Rose Hill Drive

Charlottesville, VA  22903


Re:  Black Cat Road Service Station - Zoning Ordinance Requirements for Water and Sanitary Disposal


Dear Gentlemen:


These issues were not fully resolved at the Planning Commission and will need resolution prior to site plan approval on this property.  In order to clarify the issue and attempt to facilitate a resolution, I’m writing to you at this time.  Unfortunately, the issues arose so late in the process that we were not able to address them prior to the Commission meeting.


The issues arise from a somewhat infrequently utilized zoning ordinance regulation.  It applies to property zoned for development (such as this) that is not served by public water or sewer.  The applicable ordinance regulation is as follows:


            22.2.2 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:

11. Uses permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added 6-14-89)


Therefore, in order for this development to occur by-right:  a) the water consumption





must not exceed four hundred (400) gallons per site acre per day and b) it must not discharge sewage other than domestic wastes.  If either of these requirements can not be met, a special use permit is required.


With regards to the water consumption, the “site acreage” is limited to that portion of the land which is zoned C1, Commercial.  As I understand it, the commercial zoning consists of 2.08 acres.  The by-right water consumption for this use is limited to 832 gallons per day.  If this limitation can not be met, I suggest that you either a) suspend the site plan review and apply for a special use permit or b) amend the site plan such that you reduce the water consumption to 832 gallons per day


The second issue relates to whether the sewage discharge is considered “domestic wastes” or not.  As I mentioned at the Commission meeting, the zoning ordinance does not define the term “domestic wastes.”  I provided the definition within the County Code Chapter 16 Wastewater and Water Systems.  That definition is as follows:


(7) Domestic sewage. Waterborne wastes normally discharging from the sanitary conveniences of dwellings (including apartments houses and hotels), office buildings, factories and institutions, free from storm surface water and industrial wastes.


In applying this zoning ordinance regulation, we would rely on the Health Department’s opinion as to whether this use involves domestic sewage or not.  In addition, we would rely on the Health Department’s opinion regarding water consumption.  I recommend that the applicant contact the Health Department and provide any necessary information to resolve these issues.  Because it is possible that these issues will again arise with the Board’s consideration of the site plan appeal, I suggest that you resolve them as soon as possible prior to the Board meeting. 


If I can be of any assistance, please let me know.






Amelia G. McCulley, A.I.C.P.

Zoning Administrator


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