ORDINANCE NO.  09-18(  )

 

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, of the Code of the County of Albemarle is amended and reordained as follows:

 

By Amending and Renumbering (old section number first, followed by name, followed by new section number):

 

Sec. 4.11.2        Structures in required yards        Sec. 4.11.2 (part)

Sec. 4.11.2.1     Accessory structures                 Sec. 4.11.2 (part)

Sec. 4.11.2.2     Public telephone booths              Sec. 4.11.2 (part)

Sec. 4.11.2.3     Fences, mailboxes                     Sec. 4.11.2 (part)

and similar structures

 

By Adding:

 

Sec. 4.11.4        Structures within easements

 

Chapter 18.  Zoning

 

Article II.  Basic Regulations

 

Sec. 4.11.2 Structures in required yards

 

No portion of any accessory structure shall be permitted in any required yard; except as herein expressly provided.  (Amended 3-18-81)

 

Sec. 4.11.2.1 Accessory structures

 

No structure shall be permitted in an easement in a way that adversely affects the easement.  Accessory structures shall be erected no closer than six (6) feet to adjacent lot lines or, in the case of an alley easement or right-of-way or shared driveway easement, no closer than three (3) feet to the edge of the alley easement or right-of-way or the shared driveway easement.  The director of planning and community development may authorize an accessory structure to be located closer to the edge of an alley easement or right-of-way if the director determines that, based upon the written recommendation of the county engineer, the proposed design incorporates features that assure public safety and welfare.  The county engineer shall consider the provision of adequate access to required onsite parking and/or garages, unimpeded vehicular circulation along the alley, an adequate clear zone along the alley, and other safety issues deemed appropriate for the conditions. (Amended  1-1-83, 2-6-02)

 

(12-10-80; 1-1-83; Ord. 02-18(2), 2-6-02)

 

Sec. 4.11.2.2 Public telephone booths

 

Public telephone booths may be located within required yards, but no closer to any street than the existing right-of-way line or right-of-way reservation line, provided that:

 

a.   Such booths shall be equipped for emergency service to the public without prior payment;

b.   The location of every booth shall be determined by the zoning administrator to ensure that the same will not adversely affect the safety of the adjacent highway;

 

c.   Every such booth shall be subject to relocation at the expense of the owner, whenever such relocation shall be determined by the zoning administrator to be reasonably necessary to protect the public health, safety and welfare or whenever the same shall be necessary to accommodate the widening of the adjacent highway.  (Addition 3-18-81)

 

Sec. 4.11.2.3 Fences, mailboxes, and similar structures

 

Fences, free-standing mail and/or newspaper boxes, signs, and shelters for school children traveling to and from school shall be permitted in all districts and shall be exempt from all setback and yard requirements except as otherwise provided in section 4.4.  For the purposes of this section, the term "fence" shall be deemed to include free-standing walls enclosing yards and other uncovered areas.  (Addition 3-18-81)

 

Sec. 4.11.2  Accessory structures in required yards

 

Accessory structures are authorized in required yards as follows: 

 

a.         Front yards.  Accessory structures, including detached garages, are prohibited within the minimum front yard required by the applicable district regulations except as otherwise provided in subsection (c).

 

b.         Side and rear yards.  Accessory structures are permitted in side and rear yards, provided that they are erected no closer than six (6) feet to the side or rear property lines or, in the case of an alley or a shared driveway, no closer than three (3) feet to the edge of the easement or right-of-way of the alley or shared driveway except as otherwise provided in subsection (c).  The zoning administrator may authorize an accessory structure to be located closer to the edge of an alley easement or right-of-way if the county engineer determines that the proposed design incorporates features that assure public safety and welfare.  In making the determination, the county engineer shall consider the provision of adequate access to required onsite parking and/or garages, unimpeded vehicular circulation along the alley, an adequate clear zone along the alley, and other safety issues deemed appropriate for the conditions.

 

c.        Accessory structures permitted in required yards.  The following accessory structures are permitted in required yards provided that they comply with the visibility clearance requirements of section 4.4:  

 

1.         Fences, including free-standing walls enclosing yards and other uncovered areas.

 

2.         Freestanding mail and newspaper boxes.

 

3.         Retaining walls.

 

4.         Shelters for school children traveling to and from school.

 

5.         Public telephone booths, provided that: (i) the telephones are equipped for emergency service to the public without prior payment; (ii) the zoning administrator determines that the location of the booth will not adversely affect the safety of the adjacent street; and (iii) the booth shall be subject to relocation at the expense of the owner, whenever relocation is determined by the zoning administrator to be reasonably necessary to protect the public health, safety and welfare or whenever relocation is necessary to accommodate the widening of the adjacent street. 

           

6.         Automated teller machines.

 

d.         Accessory structures located closer than six (6) foot to primary structure.  Accessory structures for which any part is located closer than six (6) feet to any part of a primary structure shall comply with the minimum applicable yard requirements for a primary structure.

 

(12-10-80, 4.11.2 (3-18-81), 4.11.2.1 (1-1-83, Ord. 02-18(2), 2-6-02), 4.11.2.2 (3-18-81), 4.11.2.3 (Added 3-18-81))

 

Sec. 4.11.4  Structures within easements.

 

No structure shall be permitted within an easement in a way that adversely affects the easement.

 
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