ORDINANCE NO.  08-18(   )

 

AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC 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 II, Basic Regulations, is hereby amended and reordained as follows:

 

By Amending:

 

Sec. 4.10.3.2     Exceptions – limited

Sec. 4.17.5        Modification or waiver

 

Chapter 18.  Zoning

 

Article II.  Basic Regulations

 

Sec. 4.10.3.2  Exceptions -- limited

 

The following structures are excepted from the height limitations in the applicable zoning districts: 

 

a.         Towers, gables, penthouses, scenery lofts, cupolas, similar structures and necessary mechanical appurtenances may be erected on a building to a height twenty (20) percent greater than the limit established for the district in which the building is located, provided that no such exception shall be used for sleeping or housekeeping purposes or for any commercial or industrial purpose; and provided further that access by the general public to any such area shall be expressly prohibited.

 

b.         Poles that support outdoor luminaires for lighting athletic facilities, subject to approval of a modification by the commission as provided in section 4.17.5(a)(3).

 

Sec. 4.17.5  Modification or waiver

 

Any standard of section 4.17.4.a may be modified or waived in an individual case, Modifications and waivers may be granted in an individual case as provided herein: (Amended 10-17-01)

 

a.         The commission may modify or waive any standard set forth in section 4.17.4.a(a) under subsections 4.17.5(a)(1) and (2), and may modify the maximum height of poles supporting outdoor luminaires lighting athletic facilities under subsection 4.17.5(a)(3), in an individual case, and the commission may impose conditions on such a modification or waiver which it deems appropriate to further the purposes of these outdoor lighting regulations, in either of the following circumstances: (Amended 10-17-01)

 

1.         Upon finding that strict application of the standard would not forward the purposes of this chapter or otherwise serve the public health, safety or welfare, or that alternatives proposed by the owner would satisfy the purposes of these outdoor lighting regulations at least to an equivalent degree.

 

2.         Upon finding that an outdoor luminaire, or system of outdoor luminaires, required for an athletic facility cannot reasonably comply with the standard and provide sufficient illumination of the facility for its safe use, as determined by recommended practices adopted by the Illuminating Engineering Society of North America for that type of facility and activity or other evidence if a recommended practice is not applicable. (Amended 10-17-01)

 

3.         Upon finding that the maximum permitted height of a pole supporting an outdoor luminaire lighting an athletic facility under the applicable district regulations would prevent the luminaire from providing sufficient illumination of the facility for its safe use, as determined by the recommended practices adopted by the Illuminating Engineering Society of North America for that type of facility and activity or other evidence if a recommended practice is not applicable.

           

            b.         Prior to considering a request to modify or waive, five (5) days’ written notice shall be provided to the owner, owner’s agent or occupant of each abutting lot or parcel and each parcel immediately across the street or road from the lot or parcel which is the subject of the request.  The written notice shall identify the nature of the request and the date and time the commission will consider the request.

 

            c.         The commission may impose conditions on such a modification or waiver which it deems appropriate to further the purposes of these outdoor lighting regulations.

 

            cd.        The board of supervisors shall consider a modification or waiver of this section 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 sections 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 finding set forth in subsection (a), amend any condition imposed by the commission, and impose any conditions it deems necessary for the reasons set forth in subsection (a).  Otherwise, neither the grant nor denial of a modification or waiver may be appealed to the board. (Amended 10-17-01)

 

(Ord. 98-18(1), 8-12-98; Ord. 01-18(4), 5-9-01; Ord. 01-18(8), 10-17-01)

 

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