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Home My WebLink AboutSP201600021 Correspondence Special Use Permit 2017-02-08 Johnathan Newberry From: Johnathan Newberry Sent: Friday, August 14, 2015 4:03 PM To: Donna Shull Cc: 'Tommy Shull'; Amelia McCulley; Margaret Maliszewski; Stewart Wright; Lisa Green; Glenn Brooks; Jennifer Reid Subject: RE: Special Use Permit/TOMMY SHULLS WRECKER AND REPAIR, INC. Attachments: Mandatory_8_3_15_Pre-App_Meeting_Comment_Letter Shull.pdf Hi Donna, Attached are the comments from our pre-application meeting on August 3`d. Again, I apologize for the delay. Please let me (or the relevant staff member) know if you have any questions. Thanks, J.T. Newberry Planner County of Albemarle, Planning Division 434-296-5832, ext.3270 From:Johnathan Newberry Sent:Thursday,August 13,2015 9:57 PM To: Donna Shull<shullstowing.dhs@gmail.com> Subject: RE:Special Use Permit/TOMMY SHULLS WRECKER AND REPAIR, INC. Hi Donna, I've not yet finished our comments, but I should be able to send them tomorrow. Sorry for the delay, J.T. From: Johnathan Newberry Sent: Wednesday, August 05, 2015 7:59 PM To: Donna Shull Cc: Stewart Wright Subject: RE: Special Use Permit/TOMMY SHULLS WRECKER AND REPAIR, INC. Hi Donna, Here is the information you requested back in March. Sorry it has taken me so long to respond. 1. Zoning ordinance section: 26.2 "General commercial use" [via 24.2.1(2) "Automobile,truck repair shops"] and 26.3 Additional factors when considering special use permits 2. Existing comp plan land use/density: Office/R&D/Flex/Light Industrial (no density is indicated) 3. Tax map parcel: 0900-00-00-035Q0 4. Zoning district: Light Industry, Entrance Corridor Overlay i We are required by ordinance to provide comments based on our "mandatory pre-application meeting by Thursday, August 13th. I've attached a set of comments from a different mandatory pre-app meeting earlier this year to give you a sense of what to expect. (I don't mean to suggest that these comments will apply to you. I just wanted to give you a chance to see what they could look like because it is a lot of information.) Thanks, J.T. Newberry Planner County of Albemarle, Planning Division 434-296-5832, ext. 3270 From: Donna Shull [mailto:shullstowing.dhs@xmail.coml Sent:Tuesday, March 24,2015 11:13 AM To:Johnathan Newberry<inewberry@albemarle.org> Subject:Special Use Permit/TOMMY SHULLS WRECKER AND REPAIR, INC. Mr.Newberry: How do I get the zoning ordinance section, existing comp plan land use/density,tax map parcel, and zoning district? Also I need to know number of acres and if this is an amendment to an existing special use permit if so I need the SP#? I need all this info for the application for special use permit I am filling out. So sorry to bother you, and thanks for your attention to this matter. Respectfully, Donna H. Shull TOMMY SHULLS WRECKER& REPAIR, INC. (434) 825-8233 Cell 2 Cbe aw.ca...l�w.a..,sd' SP lap iico -s`---, 4-6 1 w r "(faze 0 ti. l'l S` K.+ ivy? le-out -Cacr .:47 1:6d. ;4- is WO wt,d Wac 3.6 pa.,.44. awe" KO l 4-o+r dra..ti, d I illes tu"se l� I cov. .aa z Ze wJr-tie 4- r vs/le w.r..1 L ba ?a r .ot ►-_13 GLvL 1..pre weu lo< l:k‘-(y L rl. S'Sal PO t i GG ,SG.a41 "ur tA.friptAir QA/f h i • •c'otr V O C an bvia 4-o •44aw1144 ;or S•t w4r a cc") (64-s S C.14a.,` IcCA-CA P(4r, s I �+y pre VI:Jut CCA0A-6 LtXv:Ce— 'F"r".� t .p►S;I.1.." - go city �L4or 2 sp...crc,t Pte- e.1)Ay sr Rv� �-Ff ¢evlio(ores - l Per Dei Q:-bk1 14- r(a i (s:k. p to,,,, s 6 di. 1-.�.1� y/ 3 Ago/Y-6 w:we,. Lom.ddb,t,zl.'s (a,,, .s bei scud Johnathan Newberry From: Amelia McCulley Sent: Wednesday, August 12, 2015 10:55 AM To: Johnathan Newberry Subject: RE: Shull_Wrecker Repair Mandatory_Preapp_Z_agm.docx I forgot to mention the guidelines for commercial in industrial—hoping you can pick that up. From:Amelia McCulley Sent:Wednesday,August 12, 2015 10:36 AM To:Johnathan Newberry<jnewberry@albemarle.org> Cc:Stewart Wright<swright2@albemarle.org>; Lisa Green<Igreen2@albemarle.org> Subject:Shull_Wrecker_Repair_Mandatory_Preapp_Z_agm.docx JT, Here are my review comments. I'm hoping you can include them in whole since I get into the violation. Lisa—you can use this letter to draft your NOV because it articulates the violations. 'tiro Donna Shull-Shull's Towing 8/3/15 Mandatory Pre-app Inquiry:They want to do auto repair - Back story: They are currently leasing the other property and later want to own - They need two properties at the moment to store cars - They hope to pave the whole lot someday,currently it is mostly/all gravel - Currently has well and sewer—they not want to connect to the system if not needed - There is an approved SP for this site Removable storage shed - Did not get permit to put up - Must be locked for police use - Issue: Needs a building permit - 4.1 Zoning Ordinance: If there is a building permit,then ACSA is involved. Water,Sewage, Plumbing etc. - There is a worksheet they can go through with ACSA to determine what they need - Health Department has no records - She said that the lines are by the air conditioner, not by the side of the property - The contractor may have info on where the lines are Parking Lot and Spaces - Paving would not need a special permit,would need official permission - If paved,they would have to include drainage system due to impervious surface - It is a possibility to measure the area of the parking versus individual spots - Need 1 spot per employee and 2 per service bay.There are two service bays with lifts and there are 6-8 employees altogether - It is allowed to stack cars in the back fenced in area Signs - There are 2 wall signs and 1 hanging sign - Need 2 sign permit applications - Need to acquire the exact color and dimensions of the signs Fence - Just redid the fence with chain link: 6 feet with 3 strings of barbed wire - Needs to have customer lot locked to protect vehicles - Looking into a solar powered door in the future - Currently has see through fence which is not allowed by the ARB - Needs to screen the cars being worked on because of entrance corridor guidelines. smee Things the client follows up with: - They need to amend the Site Plan first—Needs to be to scale with current buildings, parking, structures,and fences.The original map maker is still in business so they can be contacted to update the map. - Check with the contractor to see where the water lines are located (By the air conditioner or on the property line) - Fill out 2 sign applications.Check with Front Runner to give pantone match on the red color for the applications - Needs to review Architectural Review Board Guidelines on screening and fencing - Scale and proportion so that you cannot see over or through the fence needs to be resolved before the Special Permit process. - Ideas for the fence: move back to the end of the building because employees do not need their cars locked,or put in another fence in the back that is screened. - Need to get proof of DEQ approval for painting - It is possible to have improvements ready by September meeting - Send out invitation from list of addresses the county provides to adjoining property owners to attend a community meeting. 900-3 . 1-006 0 0 \ N J O D to (.J O cm 0 z —I 03 3 3 3 F c V W , N p N m' W N F., I— CD SD1< C / ^ Ci- 0 ca 0 w C 0 a 0 4, 0 cn (C Z.3 CD W —I IN X' p0 (D O W N 0 co O g Nikkilligif :map, a meoo.n-❑ OW z r- 2 Z3 2 s \ , $ z Z` y H Q f f ,$'T \ ' s rn 3 0 Cri H Q D 2 c0 O p o o O N co .A J 0 O w D U7 P 3 ti n C \17, 3vFW a c0 O < VW t0 4 O CWn u) cfl no O tp O A 0o vwi N 73 u+ p { cr / J J N cI' n O co4. , 0 03 / 0 0V O O th T1 T c0 0 W ca fn v O w ur D uo z r cennea.icm - o aao9nA- Cm~ n m d2 6 N00,111‘Wf ma r344 �it . � ii ',8:41,3 O T 1 ti 4**0` 2 N N OMAR. 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N VI 0 m m • o O (n ^ Q 3 o m 3 O -0 3 < m E Q D 3 = m - o $ (° o m m ^ 1 7 7C • c ON c 0 Cr n Q ti. 0_ n _, < ,mom„ O 3 (Q 7 c -0 Q n Q o 3 < N 0 ^C O m Q Q N m Q :n o 3 o m m = 3 3 c O N Q 3 Q Q 3 y 0 p' g• 4. (D O �. 3 Q K Q_ 0- -,. Q m g N 7 3 - 3 0 t (Q Q "' H Y m N N Parcel ID: 111111111111.1.111.111011 Parcel Assessment Data (CAMA) Last Updated On: 08/01/2015 Other Parcel Data Last Updated On: 08/02/2015 GIS/Mapping Data Last Updated On: 08/02/2015 Other Parcel Characteristics School Districts (Unofficial) Elementary School District Cale Middle School District Walton High School District Monticello Magisterial District & Voting Precinct Information Magisterial District Scottsville Voting Precinct Cale Census Information Census Block Group 2 Census Tract 113.03 Historical and World Heritage Information Virginia Landmark Register? No National Historic Landmark? No National Register of Historic Places? No World Heritage Site? No Information Primary MEM Secondary Unassigned Minor Unassigned Other Unassigned Proffered? No Airport Impact Area? No Dam Inundation Zone? No Entrance Corridor? Yes Flood Hazard Overlay? No Natural Resource Extraction Overlay? No Scenic Byways Overlay? No Scenic Stream Overlay? No Steep Slopes - Managed? Yes Steep Slopes - Preserved? No Comprehensive Plan Information Comp Plan Area Neighborhood 4 Comp Plan Land Use - Primary Unassigned Comp Plan Land Use - Secondary Unassigned Comp Plan Land Use - Minor Unassigned Comp Plan Land Use - Other Unassigned Land Use Survey Information Land Use - Primary Industrial Number of Structures - Primary 1 Number of Dwelling Units - Primary 0 Land Use - Secondary Unassigned Number of Structures - Secondary 0 Number of Dwelling Units - Secondary 0 Land Use - Minor Unassigned Number of Structures - Minor 0 Number of Dwelling Units - Minor 0 Other Information Subdivision N/A MPO/CHART Area? Yes Traffic Analysis Zone (TAZ) 181 Jurisdictional Area Designation Water & Sewer Watershed Moores Creek Water Supply Protection Area? No Development Area? Yes Other Rural Land? No Ag/Forest District N/A Conservation Easement? No Open Space Use Agreement? No County of Albemarle PRE-APPLICATION CONFERENCE CHECKLIST for CPA, ZMA, or SP Tax Map and Parcel(s): Date: This checklist is not considered binding by the County or the owner of the property, but serves as a guide toward providing information regarding an applicant inquiry and potential application for land development activity to be considered by the County. Visitors: Dov,Y\a, SSk-d (4A4-44 7vevoi , Skwll Staff: Ac t Mo rV r C GS k), A4w.vc�a re. /I'la,��S LGwsk, S T- Alcwi.? rvy Description of Location: J Existing Zoning: Zoning History: Comp. Plan location and land use designation Proposal: ; = , tA - ..7,� , c7 AGENDA [Planning Division planner leads meeting] I. Introductions and Disclaimer: "This preapplication conference is advisory and based on information provided at the time of the meeting. Since details are rarely provided at a preapplication conference, staffs comments will be general in nature. If staff doesn't have answers to an applicant's questions, we will get back to you over the next week. Similarly, if staff needs additional information to assist you in making a future application, we will get back to you over the course of the week to obtain that information. 2. Applicant explains proposal 3. Staff discusses Comprehensive Plan and existing zoning in relation to the proposal. Identify whether the proposal conforms to the Comprehensive Plan or not. If so, continue with review. If not, identify what uses would conform to the Comprehensive Plan or alternatives steps/procedures for addressing Plan recommendations (CPA, Pre-Application Work Session) Discussion Topics • Comp. Plan recommendations including Master Plans and RA Plan recommendations DA: Neighborhood Model and Mixed Use (provide illustrated 12 principles)/RA Plan recommendations Transportation Need for transportation study Pedestrian Orientation Interconnections to adjacent property/development (street/ped/bike) -- DA Public road access internal circulation (in conjunction with Engineer or Cur-ent Planne-) • Comprehensive Plan issues: Major issues: Summary of discussion: Ajto bootyl I�a:wk boo(41 (DF ) Slot ."-Sr( •i n r dr oCoar (list 13044& lc C O f� ;' perr Adc. 1(a l s, € I g 3 3 A va C; c_o►, ct-, plus Co,i.,f� S +G pp - ' I�: 1.-20//01 STrC.E ' - 10` t ,1 ft SKJD1:1C NMcc& AD i*`7°rcµc TR.MC.11r ,r A 7 IL 6o, ) 6 Soo etel, d ��(5 \ C-44.$) tArtu4Akek ado( SRA PRE APP AGENDA (2-09) [I:deptlplanning/share/pre app agenda (2/09)] Affordable Housing (discuss 15% affordability goal in Comp Plan) — DA (provide Ron White's card) Natural Features / Open Space Plan / Greenway System Urban Design / Public Spaces / Parks or RA- rural character issues Other community facility issues Entrance Corridor/ARB Historic Preservation Rural clustering RPD option and conservation easement options Existing easements, Ag/For Districts, and historic districts on the property or nearby Groundwater assessment, including LUST sites WPO Jurisdictional area issues OTHER DEPARTMENTS Zoning Current Development/Engineering review County Engineer VDOT— Provide 527 Scoping info Service Authority— DA -- Provide Service provider info sheet Building Official Housing Office— DA— Provide Ron White's card PROCESS DISCUSSION — Planner Depending on application type, respective department representative explains application process (provide applicant a general background on the purpose of special use permits,zoning map amendment (or CPA...including proffers and conditions of approval, depending upon what their proposal is and applicant's experience). Timing Application details Scheduling hearing Next steps after BOS approval (if applicable) Additional information to be provided by staff: Su-its It`- �� L' �{* �t • �o. - vy ,i - ,. Ate, Acs,} 4.14 (16.A. AAjL ,C tt ,may 41,,,- � r4A4A d rfwv..�: -moor z.� czt �I 1 ►�� Additional information to be provided by applicant: 0 • Johnathan Newberry From: Johnathan Newberry Sent: Wednesday, January 28, 2015 5:19 PM To: 'Tommy Shull' Cc: Amelia McCulley; Francis MacCall; Margaret Maliszewski Subject: RE: Attachments: FullSizeRender.jpg Tommy, Thanks for your email. I spoke directly with our Zoning Administrator(Amelia McCulley) regarding your request below. She informed me that- -under our County Code--welding and auto repair have historically been considered separate uses and continue to be considered separate uses today.We reviewed past ordinances and found that welding was considered a specific use within industrial districts and auto repair is considered a specific use in our commercial districts.As a result,a special use permit is required to authorize auto repair in the Light Industry district on Tax Map 90, Parcel 35Q(to be clear,that is repair on vehicles from the public, not associated with your towing operation). Some good news: I found the old site plan for this site and have attached a picture of it. If you want to move forward, then I think I can modify this plan to be used for your conceptual plan. Also, please view the review schedule for special use permits here: http://www.albemarle.org/upload/images/forms center/departments/Community Development/forms/schedules/51)e cial Use Permit & Zoning Map Amendment Schedule.pdf If you want to be able to submit an application under the next deadline (February 17th),then please contact Francis MacCall (434-296-5832,ext 3418)as soon as possible to schedule a mandatory pre-app for February 9th. Otherwise, you'll need to wait another month to submit under the March 16th deadline. Thanks, J.T. Newberry Planner County of Albemarle, Planning Division 434-296-5832, ext. 3270 From: Tommy Shull [mailto:shullstowingCa�gmail.com] Sent: Tuesday,January 27, 2015 10:47 AM To: Johnathan Newberry Subject: Dear Mr. Newberry: Thank you for meeting with me yesterday afternoon regarding my request to open my wrecker service and auto repair service at 1815 Avon St., Ext. Also with my intention being to expand to also having an auto body shop at that same location. I was pleased to find out that I am approved to go ahead and use this address for my towing business and auto body business. I am however in retrospect confused as to why I must seek a special use permit from the county for the auto repair business. 1 • I am not understanding why I need a special use permit to have an auto repair business when it has been an auto repair business for maybe thirty years as a welding shop? I am requesting that the County re-evaluate this to see if this can be grandfathered in as this request to do auto repair is the same use that has always existed. I take serious my responsibility to my police contracts for the City, County and State and on occasion as part of my contract I am needed to provide auto repair, (replace bulbs, repair tires, etc.) for police vehicles. Therefore being I also want to provide auto repair to my own wreckers and to the public I want to be in compliance but do not feel in this case that I am asking for any special use of this property. I do not feel a special use permit should be required. I would definitely greatly appreciate the County of Albemarle working with me in this matter so I can continue to provide great service to our police departments and not have to exclude auto repair from one of the services I currently provide to them, not only as a source of income but also just as a way to show my greatest respect for the outstanding service they provide. I look forward to hearing back from the county and do hope that you will do all you can do to remedy this situation which seems bizarre to me and I thank you for your time and consideration in this matter. Respectfully, Thomas F. Shull, II (Tommy) CEO/PRESIDENT Tommy Shull's Wrecker and Repair, Inc. 1833 Avon St., Ext. Charlottesville, VA 22902 (434)295-6637 DISPATCH (434)295-6638 FAX 2 County of Albemarle PRE-APPLICATION CONFERENCE CHECKLIST for CPA, ZMA, or SP Tax Map and Parcel(s): 010 UD ' 00' a ) - 0 35 & Date: P." I This checklist is not considered binding by the County or the owner of the property, but serves as a guide toward providing information regarding an applicant inquiry and potential application for land development activity to be considered by the County. Visitors: 1:0AnA Shit V Staff: Av-e-'4. Ate (t ) 71°y_ Al-c-% '`' , TNc iberr/ � 5 117 etas q lei Ac r;So n Description of Location: Existing Zoning: Zoning History: Comp. Plan location and land use designation Proposal: AGENDA[Planning Division planner leads meeting] I. Introductions and Disclaimer: "This preapplication conference is advisory and based on information provided at the time of the meeting. Since details are rarely provided at a preapplication conference, staff's comments will be general in nature. If staff doesn't have answers to an applicant's questions, we will get back to you over the next week. Similarly, if staff needs additional information to assist you in making a future application, we will get back to you over the course of the week to obtain that information. 2. Applicant explains proposal 3. Staff discusses Comprehensive Plan and existing zoning in relation to the proposal. Identify whether the proposal conforms to the Comprehensive Plan or not. If so, continue with review. If not, identify what uses would conform to the Comprehensive Plan or alternatives steps/procedures for addressing Plan recommendations (CPA, Pre-Application Work Session) Discussion Topics Comp. Plan recommendations including Master Plans and RA Plan recommendations DA: Neighborhood Model and Mixed Use (provide illustrated 12 principles)/RA Plan recommendations Transportation Need for transportation study Pedestrian Orientation Interconnections to adjacent property/development (street/ped/bike) -- DA Public road access internal circulation (in conjunction with Engineer or Current Planner) Soo' ‘aimol Affordable Housing (discuss 15%affordability goal in Comp Plan)— DA (provide Ron White's card) Natural Features/ Open Space Plan / Greenway System Urban Design / Public Spaces/ Parks or RA- rural character issues Other community facility issues Entrance Corridor/ARB Historic Preservation Rural clustering RPD option and conservation easement options Existing easements, Ag/For Districts, and historic districts on the property or nearby Groundwater assessment, including LUST sites WPO Jurisdictional area issues OTHER DEPARTMENTS Zoning Current Development/Engineering review County Engineer VDOT— Provide 527 Scoping info Service Authority— DA-- Provide Service provider info sheet Building Official Housing Office— DA— Provide Ron White's card PROCESS DISCUSSION — Planner Depending on application type, respective department representative explains application process (provide applicant a general background on the purpose of special use permits,zoning map amendment (or CPA...including proffers and conditions of approval, depending upon what their proposal is and applicant's experience). Timing Application details Scheduling hearing Next steps after BOS approval (if applicable) Additional information to be provided by staff: Additional information to be provided by applicant: Soo' *same Johnathan Newberry From: Donna Shull [shullstowing.dhs@gmail.com] Sent: Tuesday, March 24, 2015 11:13 AM To: Johnathan Newberry Subject: Special Use Permit/TOMMY SHULLS WRECKER AND REPAIR, INC. Mr.Newberry: How do I get the zoning ordinance section, existing comp plan land use/density,tax map parcel, and zoning district? Also I need to know number of acres and if this is an amendment to an existing special use permit if so I need the SP#? I need all this info for the application for special use permit I am filling out. So sorry to bother you, and thanks for your attention to this matter. Respectfully, Donna H. Shull TOMMY SHULLS WRECKER&REPAIR, INC. (434) 825-8233 Cell 1 Johnathan Newberry From: Tommy Shull [shullstowing@gmail.com] Sent: Tuesday, March 24, 2015 10:57 AM To: Johnathan Newberry Subject: Special Use Permit Thank you for our last meeting. I am working on our request. I visited the Health Department and they have no print out of the septic location-so I am drawing it in on our revised site plan where the owner says it is. I hope that's acceptable. Also am completing the application for special use permit with the owners info. I will get back to you soon with a progress report. Thanks so much. Respectfully, Donna H. Shull TOMMY SHULLS WRECKER AND REPAIR INC. (434) 825-8233 Cell 1 `rr COUNTY-WIDE CERTIFICATE OF APPROPRIATENESS Safety fencing DESIGN CRITERIA Height No taller than required for safety. Materials • No chain link.No chain link with vinyl slats. • Vinyl is generally not appropriate for the EC. It may be considered in situations where it is located at a distance from the EC if the surface is not shiny or reflective. Planting along the fence may be considered a mitigating factor for vinyl fencing, if the planting will have immediate impact. Colors Colors should be dark; for example, black or Charleston No shiny, reflective finishes. green. Style Styles should be similar to those examples previously approved by the ARB. (See 10/31/08 memo.) COUNTY-WIDE CERTIFICATE OF APPROPRIATENESS Screening fencing DESIGN CRITERIA Height Height should be as low as possible while maintaining full screening. Size/Scale Lengths of 80' or more Length of fence should be must provide variation by mitigated through surface using changes in height, relief, either in detail or different material massing. combinations,projections forward or back, piers, other similar features, or a combination of these. Structure Design Minimize the place of the Detailing should be used to Ornamental screening fence structure in the mitigate surface and texture. fences may be approved on landscape. Design and a case-by-case basis. detailing should be simple. Fences along pedestrian routes should be scaled and detailed relative to human size. Materials Possible fence materials No chain link with or without Metal panel fencing will include wood, wood vinyl slats. No barbed wire, likely require planting composite, stone,brick, razor wire or similar devices. along the fence for decorative concrete block, Length and visibility of fence mitigation. metal panels, or a will be considered in combination of these determining appropriate fence materials. material. Fence material should match or complement the materials found on the building and/or adjoining structures or landscape. Fence materials should have a proven track record of durability and longevity relative to color retention and overall appearance. Colors Color should be neutral— No shiny, reflective finishes. for example: gray,brown, Flat finishes are required. or black. A white screening fence will rarely be appropriate. Planting Planting should be used in Placement of planting shall be Fences longer than 40' shall masses to mitigate the sufficient to allow for proper include one evergreen tree visual impact of the length plant growth. or 3 shrubs for each 40-foot of the fence. section or portion thereof planted on the public side. Location Areas requiring screening should be placed behind buildings, as viewed from the EC. If buildings are not available for screening, areas and features to be screened should be located as far from the EC as possible. Locating screening fences along pedestrian paths should be limited. err, *t✓ ALBEMARLE COUNTY CODE 4.12.5 LOCATION OF PARKING AREAS The following requirements shall apply to establishing the location of all parking areas,except as otherwise expressly provided: a. Parking areas on same lot as primary use; exception. All parking spaces shall be established on the same lot with the primary use to which it is appurtenant, except as authorized by section 4.12.8. b. Determining minimum yard requirements. For the purpose of determining minimum yard requirements of the various zoning districts,the term"off-street parking space"consists of the parking space or stall together with the adjacent aisle and turnaround. (§§4.12.3.1,4.12.3.2, 12-10-80;6-14-89;Ord.03-18(1),2-5-03) 4.12.6 MINIMUM NUMBER OF REQUIRED PARKING SPACES FOR SCHEDULED USES Except when alternative parking is approved as provided in section 4.12.8,the following schedule shall apply to determine the number of required off-street parking spaces to be provided in a particular situation. If a particular use is not scheduled,then section 4.12.7 shall apply. Assisted living facility. One space per three(3)beds. (Added 2-5-03) Automated teller machines(ATMs):Two(2)spaces per each outdoor walk-up type;five(5) stacking spaces per each drive-up type. (Added 2-5-03) 18-4-20.4 Zoning Supplement#83,1-1-14 Soo, 'tool ALBEMARLE COUNTY CODE Automobile service station and truck repair shop: One (1) space per each employee plus two(2) spaces per each service stall. In addition, when accessory activities such as the rental of automobiles,trucks and trailers of all types exist on the site,there shall be provided suitable area to accommodate the highest number of rental units expected at any one time.(Amended 2-5-03) Barber shop, beauty shop: One (1) space per two hundred (200) square feet of gross floor area plus one(1)space per employee. Bed and breakfast: One (1) space per guest room in addition to the parking required for a single family dwelling.(Added 6-6-12) Boarding house: One(1)space per two(2)beds plus one(1)space per employee. (Amended 2-5- 03) Building Material Sales: Repealed 2-5-03 Campground: One (1) space per campsite; for group campsites, adequate parking space shall be provided for buses as determined by the zoning administrator. Church: In the development areas identified in the comprehensive plan, if the area of assembly seats more than one hundred persons, one (1) space per three (3) fixed seats or per seventy-five (75)square feet of area of assembly, whichever shall be greater; if the area of assembly seats one hundred persons or fewer, one (1) space per four (4) fixed seats or per seventy-five (75) square feet of area of assembly, whichever shall be greater. In the rural areas identified in the comprehensive plan,the number of proposed spaces shall be shown in a parking study submitted by the church;the number of required spaces shall be determined by the zoning administrator,who shall consider the recommendations in the parking study,traffic generation figures either known to the industry or estimated by the Institute of Transportation Engineers,peak parking demands,and other relevant information. Nothing herein requires the parking study to be prepared by a transportation engineer. (Amended 2-5-03) Club, lodge:One(1)space per three(3)fixed seats or per seventy-five(75)square feet,whichever shall be greater.(Amended 2-5-03) Contractor's(construction office, shop, equipment storage and materials yard): One(1)space per employee assigned to work on-site plus one(1)space per facility vehicle. (Amended 2-5-03) Dance Hall: Repealed 2-5-03 Day care center, nursery facilities: One(1)space per ten(10)children enrolled in the major class or shift plus one (1) space per employee. In addition, a pick-up and drop-off area shall be provided on the site.(Amended 2-5-03) Dental clinic: One (1) space per one hundred seventy-five (175) square feet of net floor area. (Added 2-5-03) Drive-in lane serving any use: The number of stacking spaces shall be determined by the zoning administrator using a combination of traffic generation figures either known to the industry or estimated by Institute of Transportation Engineers. The stacking spaces shall be designed so as not to impede required parking spaces,pedestrian or vehicular circulation. (Added 2-5-03) Drive-in restaurant: Eighteen(18)spaces per each one thousand(1,000)square feet of gross floor area. Dry cleaning: One (1) space per fifty(50) square feet open to the public plus one (1) space per employee. (Added 2-5-03) 18-4-21 Zoning Supplement#72,6-6-12 'tad ALBEMARLE COUNTY CODE a. All references to any statute, regulation, guideline, manual or standard are to that statute, regulation, guideline, manual or standard as it exists on the date of adoption of this chapter, and includes any amendment thereafter or reissue in a subsequent edition. b. The word"days"means calendar days,unless otherwise expressly provided. c. All distances and areas shall be measured in a horizontal plane unless otherwise expressly provided. d. The word"current"means the point in time at which a matter is under consideration and shall not mean the date of adoption of the most recent amendment to section 32. e. All provisions requiring that improvements be designed or constructed to prescribed standards, or otherwise comply with delineated standards,refer to the minimum standard and nothing in section 32 shall prohibit an improvement from exceeding the standard. (§32.1.2,Ord. 12-18(6), 10-3-12,effective 1-1-13) State law reference—Va.Code§15.2-2241(9). 32.2 APPLICABILITY Any construction,use,change in use or other development is permitted in any zoning district only with an approved site plan complying with the requirements of section 32,other applicable requirements of this chapter,and all other applicable laws;provided that no site plan shall be required for the following: a. The construction or location of any single-family detached dwelling on a lot on which not more than two (2)dwellings are located or proposed to be located if the lot has public street frontage, or the construction or location of one(1)dwelling unit on a lot that does not have public street frontage. b. The construction or location of a two-family dwelling on any lot not occupied by any other dwellings. c. Any structure that is accessory to a single-family detached or two-family dwelling. d. Any agricultural activity except as otherwise provided in section 5. e. Any change in or expansion of a use unless: (i)the change or expansion requires additional parking under section 4.12;(ii)additional ingress/egress or alteration of existing ingress/egress is required by the Virginia Department of Transportation based on the intensification of the use;or(iii)additional ingress/egress or the alteration of existing ingress/egress is proposed by the developer. (§ 32.2.1,Ord. 12-18(6), 10-3-12,effective 1-1-13 (§32.2, 12-10-80; §32.2.1, 12-10-80)) State law reference—Va.Code§§15.2-2241(9),15.2-2258,15.2-2286(A)(8). 32.3 ADMINISTRATION 32.3.1 DESIGNATION OF AGENT;POWERS AND DUTIES The director of community development is hereby designated the agent of the board of supervisors for the purpose of administering section 32 except as otherwise expressly provided.The agent shall have the powers and duties to: a. Receive,process and act on site plan applications as provided in section 32. b. Establish reasonable administrative procedures as deemed necessary for the proper and efficient administration of section 32. c. Make all determinations and findings and impose all applicable requirements in reviewing a site plan. 18-32-4 Zoning Supplement#76,1-1-13 '4410, *Noril ALBEMARLE COUNTY CODE 1. Published and mailed notice. Notice of the public hearing before the commission and the board of supervisors on an application shall be provided as required by Virginia Code § 15.2-2204 and Virginia Code § 15.2-2285(C). 2. Posted notice. Notice of the public hearing before the commission and the board of supervisors on each application for a zoning map amendment shall be posted as provided in section 33.4(m)(2) to the extent those provisions are applicable in the context of the application. e. Time for decision. Decisions shall be made within the following periods: 1. By the commission. Once an application is determined to be complete as provided in subsection (a), it shall be acted on by the commission within ninety(90)days following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning. The failure of the commission to make a recommendation on the application within the ninety (90) day period shall be deemed to be a recommendation of approval, unless the commission extends the ninety(90)day period. 2. By the board of supervisors. An application shall be acted on by the board of supervisors within a reasonable period as may be necessary not to exceed twelve (12) months following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning,unless the board extends the twelve(12)month period. 3. Referral. The board of supervisors may refer an application to the commission after the commission has made a recommendation or the application has been deemed to be recommended for approval,provided that further action by the commission and action by the board is within the twelve(12)month period provided in subsection(e)(2),unless the twelve(12)month period is extended. f. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code§ 15.2-2285(F). (§ 33.3,Ord. 12-18(7), 12-5-12,effective 4-1-13 (§ 33.4, 12-10-80;Ord. 03-18(2), 3-19-03)(§ 33.5, 12-10- 80; Ord. 03-18(2), 3-19-03)(§ 33.8, 12-10-80;6-19-96) (§ 33.8.1, 12-10-80,6-19-96;Ord. 01-18(6), 10-3- 01)(§§ 33.10,33.10.1, 12-10-80)) State law reference—Va.Code§§ 15.2-2204,15.2-2285,15.2-2286(A)(4),(7). 33.4 UNIFORM PROCEDURES FOR OWNER-INITIATED ZONING MAP AMENDMENTS AND SPECIAL USE PERMITS Each application for an owner-initiated zoning map amendment or special use permit, except for those delegated by this chapter to the board of zoning appeals under section 4.15.5, shall be subject to the following: a. Pre-application meeting. A pre-application meeting shall be held with each prospective applicant (the "applicant"), and the applicant shall complete and submit information on county-provided forms before submitting an application(collectively,the"pre-application meeting"),subject to the following: 1. Purposes for a meeting.The purposes for a pre-application meeting are to: (i)provide the applicant and the county a common understanding of the proposed project; (ii)inform the applicant about the proposed project's consistency with the comprehensive plan, other relevant policies, and county regulations; (iii) broadly identify the planning,zoning and 18-33-3 Zoning Supplement#77,4-1-13 %Id 111111111) ALBEMARLE COUNTY CODE other issues raised by the application that need to be addressed by the applicant; (iv) inform the applicant about the applicable procedure;and(v)allow the director to identify the information the applicant must submit with the application, including the supplemental information delineated in subsection (c). Receiving the relevant supplemental information will allow the application to be comprehensively and efficiently reviewed. 2. Factors to consider in requiring meeting. A pre-application meeting shall be held unless the director, in his discretion,decides that the meeting would not achieve the purposes for the meeting upon considering the following: (i) whether the proposed use, the proposed density, the proposed scale and potential impacts, the proposed district, and other considerations he determines to be relevant under sound zoning principles do not warrant a pre-application meeting; (ii) whether the supplemental information delineated in subsection(c) can be identified without the meeting; (iii)whether the application would be one of a recurring nature for which the required information and the issues raised are well-established for the proposed application;and(iv)whether the application raises any complex issues that create the need for the meeting. • b. Applications. Each application shall be composed of a completed county-provided application form and supplemental information(collectively, the"application")required to review and act on the application. 1. Application forms. The director of planning is authorized to establish appropriate application forms for zoning map amendments and special use permits. The application form shall delineate the supplemental information required to be provided, as set forth in subsection(b)(2). 2. When supplemental information may be required; establish or amend conventional districts;amend planned development districts; obtain or amend special use permits. For each application for a zoning map amendment to establish or amend a conventional district, to amend a planned development district, and for each application to obtain or amend a special use permit, the director of planning may require some or all of the supplemental information delineated in subsection (c) to be submitted with each application. In determining what supplemental information must be submitted, the director shall consider the proposed use,the proposed density, the proposed district,and other considerations he determines to be relevant under sound zoning principles. 3. When supplemental information required; establish planned development districts. Each application to establish a planned development district shall submit all of the supplemental information delineated in subsection(c). c. Elements of the supplemental information. The supplemental information is the following: 1. Project proposal. A narrative of the project proposal,including its public need or benefit; an application to establish a neighborhood model district shall include a statement describing how the proposed district satisfies the intent of this chapter and if one or more characteristics of the neighborhood model delineated in section 20A.1 are missing from an application,the applicant shall justify why any characteristics cannot or should not be provided. 2. Comprehensive plan. A narrative of the proposed project's consistency with the comprehensive plan, including the land use plan and the master plan for the applicable development area; an application to establish a neighborhood model district also shall include a narrative as to the project's consistency with the neighborhood model. 18-33-4 Zoning Supplement#77,4-1-13 ALBEMARLE COUNTY CODE 3. Impacts on public facilities and infrastructure. A narrative of the proposed project's impacts on public facilities and public infrastructure. 4. Impacts on environmental features. A narrative of the proposed project's impacts on environmental features. 5. Proposed proffers to address impacts. A narrative of the proffers proposed to address impacts from the proposed project. 6. Maps. One or more maps showing the proposed project's regional context and existing natural and manmade physical conditions; if the project is to amend an existing planned development district and the proposed amendment would affect less area than the entire district, the applicant shall submit a map showing the entire existing planned development district and identifying any area to be added to or deleted from the district, or identifying the area to which the amended application plan, code of development, proffers or any special use permit or special exception would apply. 7. Conceptual plan for zoning map amendments for conventional districts and special use permits. For an application for a zoning map amendment to establish a conventional district or a special use permit, a conceptual plan showing, as applicable: (i) the street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of the project;(ii)typical cross-sections to show proportions, scale and streetscape/cross-sections/circulation; (iii) the general location of pedestrian and bicycle facilities; (iv) building envelopes; (v) parking envelopes; (vi) public spaces and amenities; (vii) areas to be designated as conservation and/or preservation areas; (viii) conceptual stormwater detention facility locations; and (ix)conceptual grading. 8. Application plan for zoning map amendments for planned development districts. For an application to establish a planned development district or to amend an approved application plan for an existing planned development district, an application plan showing,as applicable: (i)the street network, including circulation within the project and connections to existing and proposed or planned streets within and outside of the project; (ii) typical cross-sections to show proportions, scale and streetscape/cross- sections/circulation; (iii) the general location of pedestrian and bicycle facilities; (iv) building envelopes; (v)parking envelopes; (vi)public spaces and amenities;(vii)areas to be designated as conservation and/or preservation areas; (viii) conceptual stormwater detention facility locations; (ix) conceptual grading; (x)a use table delineating use types, the number of dwelling units, non-residential square footage, building stories and/or heights, build-to lines, setbacks and yards, and other features; (xi)topography, using the county's geographic information system or better topographical information, and the source of the topographical information, supplemented where necessary by spot elevations and areas of the site where there are existing steep slopes; (xii) the general layout for water and sewer systems; (xiii) the location of central features or major elements within the project essential to the design of the project, such as major employment areas, parking areas and structures, civic areas, parks, open space, green spaces, amenities and recreation areas; (xiv) standards of development including proposed yards, open space characteristics, and any landscape or architectural characteristics related to scale, proportions,and massing at the edge of the district; (xv)a conceptual lot layout; and (xvi) if the application is to establish a neighborhood model district, the location of proposed green spaces and amenities as provided in section 20A.9. 9. Code of development in a proposed neighborhood model district. An application to establish a neighborhood model district shall include a code of development satisfying the requirements of section 20A.5. 18-33-5 Zoning Supplement#84,3-5-14 ALBEMARLE COUNTY CODE 10. Parking and loading needs study in a proposed neighborhood model district. An application to establish a neighborhood model district shall include a parking and loading needs study that demonstrates parking needs and requirements and includes strategies for dealing with these needs and requirements, including phasing plans, parking alternatives as provided in section 4.12.8, and transportation demand management strategies as provided in section 4.12.12; provided that the applicant may elect to submit the parking and loading needs study in conjunction with the preliminary site plan for the development if it determines that the uses that may occupy the buildings are not sufficiently known at the time of the zoning map amendment. 11. Stormwater management in a proposed neighborhood model district. An application to establish a neighborhood model district shall include strategies for establishing shared stormwater management facilities, off-site stormwater management facilities, and the proposed phasing of the establishment of stormwater management facilities. 12. Traffic impact statement.For zoning map amendments,a local traffic impact statement as required by Virginia Code§ 15.2-2222.1 and 24 VAC 30-155-40. 13. Recorded plat or boundary survey. The most recently recorded plat of the parcel(s) composing the proposed project,or a boundary survey if a portion of one or more parcels compose the proposed project, both of which shall include a metes and bounds description of the boundaries. 14. Ownership information. Documents that verify the identity of all record title owners of the parcel(s) composing the proposed project and documents identifying the authorized signatories of the application, the proffer statement, if applicable, and all other related documents. 15. Contact person. The name, address, telephone number and e-mail address of a single contact person for communications between the county and the applicant. 16. Other information. Other special studies or documentation, if applicable, and any other information identified as necessary by the county on the pre-application comment form. d. Payment of delinquent taxes. The applicant shall provide satisfactory evidence that any delinquent real estate taxes,nuisance charges, stormwater management utility fees,and any other charges that constitute a lien on the subject property, that are owed to the county and have been properly assessed against the subject property,have been paid. e. Filing the application; number of copies. The owner, the owner's agent, or a contract purchaser with the owner's written consent(the"applicant")may file the application with the department of community development. The director of planning is authorized to establish for each class of application the number of collated copies of the application required to be filed. f. Determining completeness of the application; rejecting incomplete applications. An application that provides all of the required information shall be determined to be complete and be accepted for review and decision. An application omitting any required information shall be deemed to be incomplete and shall not be accepted. 1. Timing of determination of completeness. The director of planning shall determine whether an application is complete within ten (10) days after the application was received. 2. Procedure if application is incomplete. The director of planning shall inform the applicant by letter explaining the reasons why the application was rejected as being 18-33-6 Zoning Supplement#84,3-5-14 ALBEMARLE COUNTY CODE incomplete. The letter shall be sent by first class mail, be personally delivered or, if consented to by the applicant in writing,by fax or email. 3. Effect if timely determination not made. If the director of planning does not send or deliver the notice as provided in subsection (f)(2) within the ten (10) day period, the application shall be deemed to be complete, provided that the director may require the applicant to later provide the omitted information within a period specified by the director, and further provided that the director may reject the application as provided herein if the applicant fails to timely provide the omitted information. 4. Notice to other owners of application for zoning map amendment to amend existing proffers. Within ten (10) days after an application for a zoning map amendment seeking to amend existing proffers is determined to be complete, written notice of the proposed amendment shall be provided to each owner subject to the same proffers as required by Virginia Code§§ 15.2-2204(H)and 15.2-2302. g. Payment of fees. When an application is determined to be complete,the applicant shall pay the fee required by section 35.1 before the application is further processed. h. Resubmittal of application originally determined to be incomplete. Within six(6)months after the date the letter that an application was rejected as being incomplete was mailed, faxed, emailed or delivered by the director of planning as provided in subsection (f)(2),the applicant may resubmit the application with all of the information required by subsections (b) and (c) for a new determination of completeness under subsection(f). Worksessions. For any application,the director of planning may schedule worksessions before the board of supervisors, the commission, and the architectural review board, if applicable, as he determines to be appropriate considering the nature of the approval requested, the acreage affected,the possible impacts that could result from an approved application,and any other factors deemed relevant upon applying sound zoning principles,subject to the following: 1. Purposes for a worksession. The purposes for a worksession are to present the proposed project to the board or the commission with the department of community development's analysis of the major issues, seek direction from the board or commission on their expectations in addressing those issues, and to allow the board or commission to receive public comments. 2. When applicant's consent required. The applicant's consent to a worksession shall be required if the worksession would extend the time for action by the commission or the board beyond the deadlines in subsection(n). j. Community meetings. A community meeting shall be held for each application, subject to the following: 1. Purposes for a meeting. The purposes for a community meeting are to: (i) provide interested members of the public the opportunity to receive information about the proposed project,the applicable procedure,the policies of the comprehensive plan, other relevant policies, and regulations applicable to the proposed project; and(ii)to allow the public to ask questions about the proposed project. 2. Factors to consider in requiring meeting. A community meeting shall be held unless the director,in his discretion,decides that the meeting would not achieve the purposes for the meeting upon considering the following: (i) whether the application would be likely to generate any public concerns because of the nature of the approval requested,the acreage affected, the proposed density, the proposed scale, and the potential impacts; (ii) any other factors deemed relevant upon applying sound zoning principles; and (iii) whether 18-33-7 Zoning Supplement#84,3-5-14 ALBEMARLE COUNTY CODE the applicant has already held one or more community meetings regarding the application so as to make a community meeting under this subsection unnecessary. 3. Guidelines. The director of planning is authorized to establish written guidelines pertaining to which applications should have community meetings, when in the process community meetings should be conducted, and how a community meeting should be conducted including,but not limited to,how and to whom notice should be provided for community meetings, which notice may include posting signs at the site before the meeting,who should schedule and lead the meeting,the format of the meeting, and how the issues identified at the meeting should be documented. 4. When applicant's consent required. The applicant's consent to a community meeting shall be required if the community meeting would extend the time for action by the commission or the board beyond the deadlines in subsection(n). k. Review of staff comments. Upon request by the applicant,the director of planning shall meet with the applicant to review comments to the application made by county staff. 1. Public hearings. Before the board of supervisors acts on a zoning map amendment or a special use permit,the commission shall hold at least one public hearing before making its recommendation to the board on each application. The board shall hold at least one public hearing before approving an application. m. Notice of public hearings.Notice of public hearings shall be provided as follows: 1, Published and mailed notice.Notice of the public hearing before the commission and the board of supervisors on an application shall be provided as required by Virginia Code § 15.2-2204; for zoning map amendments, as also provided by Virginia Code § 15.2- 2285(C); and, for zoning map amendments seeking to amend an existing planned development district, written notice of the proposed amendment also shall be provided to the owner of each parcel within the planned development district and the substance of that notice shall be as required by Virginia Code § 15.2-2204(B), paragraph 1,regardless of the number of parcels affected. 2. Posted notice. Notice of the public hearing before the commission and the board of supervisors on each application shall be posted,as follows: a. When sign must be posted. The sign shall be posted by the zoning administrator at least twenty-one (21) days before the commission's public hearing on the application and shall remain posted until the board of supervisors has acted on the application or the application has been withdrawn. b. Where sign to be located. The sign shall be erected within ten (10) feet of each boundary line of the parcel(s)that abuts a street and shall be so placed as to be clearly visible from the street. If more than one street abuts the parcel(s), then either: (i)a sign shall be erected in the same manner as above for each abutting street;or(ii)if the area of the parcel(s)to be used if the application was granted is confined to a particular portion of the parcel(s), a sign erected in the same manner as above for the abutting street that is in closest proximity to, or would be impacted by,the proposed use. A sign need not be posted along Interstate 64 or along any abutting street if the sign would not be visible from that street. If no street abuts the parcel(s), then signs shall be erected in the same manner as above on at least two boundaries of the parcel(s)abutting land not owned by the applicant in locations that are most conspicuous to the public. The filing of the application shall be deemed to grant consent to the zoning administrator to enter the parcel(s)to erect the signs. 18-33-8 Zoning Supplement#84,3-5-14 ALBEMARLE COUNTY CODE c. Content of sign. Each sign shall state that the parcel(s) is subject to a public hearing and explain how to obtain additional information about the public hearing. d. Maintaining the sign. The applicant shall diligently protect each sign from vandalism and theft, maintain each sign in an erect position in its posted location,and ensure that each sign remains legible. The failure of an applicant to comply with these responsibilities may be cause for the commission or the board of supervisors to defer action on an application until there is reasonable compliance with this subsection. e. Ownership of sign; violation for removing or tampering with sign. Each sign is the property of the board of supervisors. It shall be unlawful for any person to remove or tamper with any sign, except the applicant performing maintenance required by this subsection or the zoning administrator. f. Effect of failure to comply. If the requirements of this subsection to post notice are not complied with: 1. Prior to action by board. The board of supervisors may defer taking action on an application if it finds that the failure to comply with this subsection materially deprived the public of reasonable notice of the public hearing. 2. Action not invalid.No action on an application shall be declared invalid solely because of the failure to post notice as required by this subsection. n. Time for decision. Each application shall be acted on as follows: 1. By the planning commission. An application shall be acted on by the commission within ninety(90)days following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning. The failure of the commission to make a recommendation on the application within the ninety(90) day period shall be deemed to be a recommendation of approval unless the applicant requests or consents to the ninety(90)day period being extended. 2. By the board of supervisors. An application shall be acted on by the board of supervisors within a reasonable period as may be necessary not to exceed twelve (12) months following the first meeting of the commission after it was referred to the commission, according to the schedule established and administered by the director of planning,unless the applicant requests or consents to the twelve(12)month period being extended. 3. Tolling. The period in which action is required by the commission or the board of supervisors shall be tolled during any period in which the applicant has requested that the review of the application be suspended or the public hearings or action thereon be deferred or continued. 4. Referral. The board of supervisors may refer an application to the commission after the commission has made a recommendation or the application has been deemed to be recommended for approval,provided that further action by the commission and action by the board of supervisors is within twelve (12) months following the first meeting of the commission after it was referred to the commission,according to the schedule established and administered by the director of planning,unless the applicant requests or consents to the twelve(12)month period being extended. 18-33-9 Zoning Supplement#84,3-5-14 1111111) ALBEMARLE COUNTY CODE o. Recommendation by commission. The commission shall either recommend approval of the application as proposed, approval subject to changes being made prior to action by the board of supervisors, or disapproval. For any application for a zoning map amendment, the commission's recommendation also should include its recommendations on proposed proffers and, for any application to establish or amend a planned development district, its recommendations on the application plan, the standards of development, the code of development, and any special exception requested by the applicant under section 8.2. For any application for a special use permit, the commission's recommendation should include its recommendations on the proposed conditions. p. Action by the board of supervisors. The board of supervisors may either approve or deny the application, or defer action to allow changes to be made prior to final action by the board. In approving an application for a zoning map amendment, the board may accept the proposed proffers as provided in section 33.7.In approving an application for a special use permit,the board may impose conditions as provided in section 33.8. q. Intensification of use classification prohibited without additional notice and hearing.No land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice is provided as required by Virginia Code §§ 15.2-2204 and 15.2-2285(C). r. Withdrawal of application. An application may be withdrawn, or be deemed to be withdrawn, as provided herein: 1. Request to withdraw by applicant. An application may be withdrawn upon written request by the applicant. The written request must be received by the body considering the application prior to it beginning consideration of the matter on the meeting agenda. Upon receipt of the request for withdrawal, processing of the application shall cease without further action by the commission or the board of supervisors. An applicant may not submit an application that is substantially the same as the withdrawn application within one(1)year of the date of withdrawal unless the body considering the application at the time of withdrawal specifies that the time limitation shall not apply. 2. When application deemed withdrawn. An application shall be deemed to have been voluntarily withdrawn if the applicant requested that further processing or formal action on the application be indefinitely deferred and the commission or the board of supervisors is not requested by the applicant to take action on the application within one (1) year after the date the deferral was requested. Upon written request received by the director of planning before the one (1) year period expires, the director may grant one extension of the deferral period for a period determined to be reasonable, taking into consideration the size or nature of the proposed use,the complexity of the review,and the laws in effect at the time the request for extension is made.Upon written request received by the clerk of the board of supervisors before the extension of the deferral period granted by the director expires, the board of supervisors may grant one additional extension of the deferral period determined to be reasonable,taking into consideration the size or nature of the proposed use,the complexity of the review, and the laws in effect at the time the request for extension is made. The timely receipt by the clerk of the extension request shall toll the expiration of the extended deferral period until the board acts on the request. s. Resubmittal of similar denied application. An applicant may not submit an application that is substantially the same as the denied application within one(1)year after the date of the denial. t. Judicial review. Any action contesting a decision of the board of supervisors under this section shall be as provided in Virginia Code§ 15.2-2285(F). 18-33-10 Zoning Supplement#84,3-5-14 lofty' N.000 ALBEMARLE COUNTY CODE ((§ 33.2, 12-10-80)(§ 33.4,12-10-80; Ord. 03-18(2), 3-19-03)(§ 33.5, 12-10-80;Ord. 03-18(2),3-19-03)(§ 33.6, 12-10-80)(§ 33.7, 12-10-80,6-19-96; Ord. 01-18(6), 10-3-01) (§ 33.8, 12-10-80, 6-19-96) (§ 33.8.1, 12-10-80, 6-19-96; Ord. 01-18(6), 10-3-01) (§ 33.8.2, 12-10-80, 6-19-96) (§ 33.8.3, 12-10-80, 6-19-96); §33.4,Ord. 12-18(7), 12-5-12,effective 4-1-13;Ord. 14-18(2),3-5-14) State law reference—Va.Code§§ 15.2-2204,15.2-2285,15.2-2286(A)(3),(4),(7),(B). 33.5 UNIFORM PROCEDURES FOR SPECIAL EXCEPTIONS Each application for a special exception shall be subject to the following: a. Matters requiring a special exception.Notwithstanding any other section of this chapter: 1. Any request for a waiver,modification,variation or substitution permitted by this chapter shall be considered and acted upon by the board of supervisors, provided that no special exception shall be required for the development and construction of residential dwellings at the use, height and density permitted by right in the applicable district as provided by Virginia Code § 15.2-2288.1. 2. Any requirement for a decision by the commission required by this chapter shall be considered and acted upon by the board of supervisors. For the purposes of this section, a decision by the commission does not include the consideration and action by the commission on a preliminary or final site plan under section 32 of this chapter or any variation or exception provided in section 32. b. Application. Each application for a special exception shall be made as provided by, and include the information required by, the applicable section of this chapter authorizing the waiver, modification, variation or substitution. An application shall be deemed to be officially submitted when the applicant has submitted all of the required information as determined by the director of planning. c. Public hearings. Before the board of supervisors acts on a special exception that would increase by greater than fifty(50)percent the bulk or height of an existing or proposed building within one- half mile of an adjoining locality, the commission shall hold at least one public hearing before making its recommendation to the board on each application. The board shall hold at least one public hearing before approving an application. d. Notice of public hearings. Notice of public hearing before the commission and the board of supervisors on an application for which a public hearing is required under subsection (c) shall be provided as required by Virginia Code§ 15.2-2204(C). e. Time for decision. Each application for a special exception shall be acted on by the board of supervisors within ninety (90) days following the first meeting of the commission after it was referred to the commission,according to the schedule established and administered by the director of planning,or concurrently with a zoning map amendment,special use permit,or site plan appeal, whichever is longer. f Recommendation by planning commission. For those applications considered by the commission, the commission shall either recommend approval of the application as proposed, approval of the application with changes to be made prior to action on the application by the board of supervisors, or disapproval. The commission's recommendation should include its recommendations on the proposed conditions. g. Action by the board of supervisors. The board of supervisors may either approve the application, deny the application,or defer action to allow changes to be made prior to final action by the board. In approving the application,the board may impose conditions as provided in section 33.9. 18-33-11 Zoning Supplement#84,3-5-14 ALBEMARLE COUNTY CODE 5.1.29 CONVENT,MONASTERY a. The ownership of the convent/monastery shall conform in all respects to the provisions of Chapter 2 of Title 57 of the Code of Virginia,as the same may be amended from time to time, or any successor statute; b. This provision is intended to accommodate the long term residency of nuns,monks or friars in a communal setting as opposed to transient occupancy as may be experienced in other religious retreats; provided that nothing contained herein shall be deemed to preclude temporary lodging of guests as an accessory use to the convent or monastery. (§ 5.1.29,7-6-83) 5.1.30 AGRICULTURAL MUSEUM a. Items for display in such museum shall be directly related to past or present agricultural/forestal uses in Albemarle County; b. Activities may include: passive display; active demonstration including tours of processing areas;and public participation in such agricultural activity; c. Sale of display items and accessory items may be permitted only upon expressed approval by the board of supervisors. (§ 5.1.30, 12-2-87) AUTOMOBILE OR TRUCK REPAIR SHOPS,BODY SHOPS, MOTORCYCLE AND OFF- ROAD VEHICLE SALES AND SERVICE SHOPS,AND PUBLIC GARAGES Each automobile or truck repair shop, body shop, motorcycle and off-road vehicle sales and service shop,and public garage shall be subject to the following: a. All parts,materials and equipment shall be stored within an enclosed building. b. No vehicle awaiting repair shall be located on any portion of the site so as to be visible from any public street or any residential property, and shall be limited to locations designated on the approved site plan. c. All services shall be performed within an enclosed building. d. No buildings in which services are performed shall be located closer than fifty(50) feet from any residential or agricultural district. (§ 5.1.31, 12-7-88; Ord. 13-18(1),4-3-13) IIIIIII'OWING AND TEMPORARY STORAGE OF MOTOR VEHICLES a. This provision is intended to provide locations for the towing and/or temporary storage of collision/disabled vehicles. No body or mechanical work, painting, maintenance, servicing, disassembling, salvage or crushing of vehicles shall be permitted; except that the commission may authorize maintenance and servicing of rental vehicles in a particular case; 18-5-16.1 Zoning Supplement#78,4-3-13 ALBEMARLE COUNTY CODE b. No vehicle shall be located on any portion of such property so as to be visible from any public road or any residential property and shall be limited to locations designated on the approved site plan. (Added 6-6-90) 5.1.33 SPRING WATER EXTRACTION AND/OR BOTTLING a. No such use shall operate without approval of the Virginia Department of Agriculture and Consumer Services; b. No such use shall be established without approval of a site development plan; c. Bottling facilities on-site shall be used only for the bottling of spring water obtained on-site. Water used for bottling shall not contain any additives or artificial carbonation other than those required by regulating agencies for purification purposes; d. All structures shall be similar in facade to a single-family dwelling,private garage,shed,barn or other structure normally expected in a rural or residential area and shall be specifically compatible in design and scale with other development in area in which located; e. These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the requirements of any other local,state or federal agency. (Added 6-10-92) 5.134 ACCESSORY APARTMENT Each accessory apartment shall be subject to the following: a. An accessory apartment shall be permitted only within the structure of the main dwelling to which it is accessory. Usage of freestanding garage or other accessory structure for an accessory apartment is expressly prohibited. Not more than one(1)accessory apartment shall be permitted within any single-family detached dwelling. b. The gross floor area devoted to an accessory apartment shall not exceed thirty-five (35) percent of the total gross floor area of the structure in which it is located. c. The gross floor area of an accessory apartment shall not be included in calculating the gross floor area of the main dwelling unit for uses such as home occupations as provided in sections 5.2 and 5.2A and other similar uses in this chapter whose area within a dwelling unit is regulated. (Amended 1-12-11) d. An accessory apartment shall enjoy all accessory uses availed to the main dwelling, except that no accessory apartment shall be permitted as accessory to another accessory apartment. e. Any single family dwelling containing an accessory apartment shall be provided with a minimum of three(3)off-street parking spaces,arranged so that each parking space shall have reasonably uninhibited access to the street,subject to approval of the zoning administrator. f. A single-family dwelling which adds an accessory apartment shall be deemed to remain a single-family dwelling and shall be considered one(1)dwelling unit for purposes of area and bulk regulations of the district in which such dwelling is located. g. A guest or rental cottage shall not be deemed to be an accessory apartment, but shall be deemed to be a single-family detached dwelling,whether or not used as such, subject to area and bulk regulations of the district in which such cottage is located. No accessory apartment shall be permitted within any guest or rental cottage. (Amended 1-12-11) h. The owner must reside in any dwelling to which the apartment unit is accessory or the apartment unit itself. 18-5-17 Zoning Supplement#65,1-12-11 Siled 26.3 INDEPENDENT OFFICE AND GENERAL COMMERCIAL USES; ADDITIONAL FACTORS WHEN CONSIDERING SPECIAL USE PERMITS In evaluating a request for a special use permit for an independent office or general commercial use as that use is described in section 26.2, the board shall consider the following factors in addition to those delineated in section 33.8: a. The purpose of the industrial district in which the use is proposed. b. The proposed use and its proposed size should be consistent with the intent of the applicable industrial district. c. The use proposed should not be located on the lowest floor of any building having direct exterior access to the ground surface in order to allow that floor to be used for industrial purposes. d. The gross floor area of each establishment should not exceed three thousand(3,000)square feet. e. The aggregate gross floor area of the independent offices or general commercial uses, or both, should not exceed twenty-four thousand (24,000) square feet and should not exceed twenty-five (25)percent of the gross floor area of the building. f. Whether the structure or structure expansion will be constructed to the standards required for industrial structures,regardless of its intended use. (§26.3,Ord. 13-18(1),4-3-13) 26.4 STRUCTURE HEIGHT (Formerly Standard Ratios,Repealed 4-3-13) Except as othehvise provided in section 4.10, structures may be erected to a height not to exceed sixty-five (65)feet. The minimum stepback requirements for any structure exceeding forty(40)feet or three (3)stories,whichever is less,in height shall be as provided in section 4.20. (§26.4,Ord. 13-18(1),4-3-13; §26.6, 12-10-80,9-9-92;Ord. 15-18(4),6-3-15) 26.5 MINIMUM YARDS (Formerly Off-Street Parking and Loading Requirements,Repealed 4-3-13) The minimum ,ard requirements in the industrial districts are as follows: a. Adjacent to streets. The minimum and maximum front yards shall be as provided in section 4.20. b. Adjacent to district other than commercial or industrial district. If the abutting lot is zoned residential,rural areas,or the Monticello Historic district,the minimum and maximum side and rear yards shall be as provided in section 4.20. c. Buffer adjacent to district other than commercial or industrial district. No construction activity, including grading or clearing vegetation(collectively,"disturbance"),shall occur within thirty (30)feet of any district other than a commercial or industrial district except in the following circumstances:(i)adequate landscape screening does not currently exist and disturbance is necessary to install screening that meets or exceeds the screening requirements in section 32.7.9; (ii)an arborist or landscape architect certifies that trees in the buffer are dying,diseased or will constitute a fall hazard and must be removed;(iii)the county engineer determines that disturbance is necessary in order to address an existing drainage problem;or(iv)disturbance will result in improved screening through the use of a berm,a retaining wall or similar physical modification or improvement.When disturbance is allowed under subsection(i),(ii),(iii)or(iv),the developer 18-26-6 Zoning Supplement#91,6-3-15 ALBEMARLE COUNTY CODE 4.0 GENERAL REGULATIONS Except as otherwise specifically provided,the following general regulations shall apply. 4.1 WATER SUPPLIES AND SEWER SYSTEMS The water supply and sewer system serving either a development or any individual lot shall comply with the following: a. Public water supply and public sewer system within the services areas of the Albemarle County Service Authority. Within the services areas of the Albemarle County Service Authority (the "service areas"),each development and each lot shall be served by the public water supply and the public sewer system.Within the service areas, Connection to the public water supply and/or the public sewer system is not required in the following circumstances: 1. Existing structure damaged. When an existing structure is damaged as a result of factors beyond the control of its owner and/or occupant, the structure may be repaired or reconstructed provided that the repair or reconstruction is commenced within twelve(12) months and completed within twenty-four(24) months after the date of the damage,and further provided that the structure is not repaired or reconstructed so as to increase the number of water supply or sewage fixtures. 2. Cost o inecti!l . ,•ly ublic sewer tem exceeds cost o ewage system " en . • ectorof community development, in consultation With e Albemarle County Service Authority finds that the cost of connecting the proposed development or lot to the public water supply and/or the public sewer system,exclusive of connection fees,exceeds the cost of installing an on-site well and/or an onsite sewage system. 3. Capacity of public water supply or public sewer system is inadequate. When the director of community development, in consultation with the Albemarle County Service Authority finds that the capacity of the public water supply and/or the public sewer system is inadequate to serve the proposed development or lot. 4. Nonconforming use or structure. The structure is used for a nonconforming use and satisfies the requirements of section 6.2(C)or the structure is nonconforming and satisfies the requirements of section 6.3. b. Water supply and sewer system when development or lot not connected to the public water supply and/or the public sewer system.When a development or a lot is not or will not be connected to the public water supply and/or the public sewer system, the following shall apply, except when an existing structure is damaged as provided in section 4.1(a)(1): 1. Lots served by an alternative onsite sewage system. On any lot served by an alternative onsite sewage system, no building permit shall be issued for any structure, the use of which requires sewage disposal,without the Virginia Department of Health's approval of the location and area for the alternative onsite sewage system. 2. Lots served by a conventional onsite sewage system. On any lot served by a conventional onsite sewage system, no building permit shall be issued for any structure, the use of which requires sewage disposal,without the Virginia Department of Health's approval of the location and area for both an original and a replacement subsurface drainfield that is adequate to serve the use. For residential uses, each subsurface drainfield shall have suitable soils of adequate area to accommodate sewage disposal from a three(3)bedroom dwelling as determined by the current regulations of the Virginia Department of Health. 18-4-5 Zoning Supplement#84,3-5-14 ALBEMARLE COUNTY CODE (§20-4.1, 12-10-80;6-3-81;§ 18-4.1,Ord.98-A(1),8-5-98; §20-4.1.6, 12-10-80, 11-15-89; § 18-4.1.6, Ord.98-A(1),8-5-98;§ 18-20.4.1,Ord. 12-18(4),7-11-12) 4.1.1—4.1.7(Repealed 7-11-12) 4.2 CRITICAL SLOPES The provisions in this section through section 4.2.5 implement the comprehensive plan by protecting and conserving steep hillsides together with public drinking water supplies and flood plain areas because of the increased potential for soil erosion, sedimentation, water pollution and sewage disposal problems associated with the disturbance of critical slopes. The disturbance of critical slopes may result in: rapid and/or large-scale movement of soil and rock; excessive stormwater run-off; siltation of natural and man- made bodies of water; loss of aesthetic resource;and in the event of onsite sewage system failure,a greater travel disldnce of septic effluent,all of which constitute potential'dangers to The public health,safety and/or" welfare. The regulations in sections 4.2.1,4.2.2,4.2.3 and 4.2.4 are intended tcf►direct building and onsite sewage system locations to terrain more suitable to development and to discourage development on critical slopes, and to supplement other regulations regarding the protection of public water supplies and encroachment of development into flood plains. Each request to waive or modify any requirement of sections 4.2.1,4.2.2,4.2.3 or 4.2.4 under section 4.2.5 shall be by special exception under section 31.8. (§20-4.2, 12-10-80; 11-15-89; § 18-4.2,Ord.98-A(1),8-5-98;Ord. 12-18(4),7-11-12) 4.2.1 BUILDING SITE REQUIRED No lot other than a special lot shall have less than one(1)building site,subject to the following: a. Composition of building site. A building site shall be composed of a contiguous area of land and may not contain any area of land that is: (i) in critical or preserved slopes; (ii) within the flood hazard overlay district; (iii) under water during normal hydrological conditions; (iv) within two hundred (200) horizontal feet of the one hundred year flood plain of any public water supply reservoir; and (v) within a stream buffer under chapter 17 of the Code, provided that nothing contained herein shall be deemed to prohibit or impair the program authority from exercising its discretion as authorized in chapter 17. b. Special exception. Notwithstanding section 4.2.5, any requirement of section 4.2.1(a) may be waived or modified by special exception under section 33.5 upon the board of supervisors' consideration of whether (i) the parcel has an unusual size, topography, shape, location or other unusual physical condition;or(ii)development in a stream buffer on the parcel was authorized as provided in section 17-321 of the Code. (§20-4.2.1, 12-10-80; 11-11-87; 9-9-92; § 18-4.2.1, Ord. 98-A(1), 8-5-98; Ord. 11-18(6),6-1-11; Ord. 12- 18(4),7-11-12;Ord. 14-18(2),3-5-14) State law reference—Va.Code§§15.2-2280,15.2-2286(A)(3) 4.2.2 BUILDING SITE AREA AND DIMENSIONS Each building site shall be subject to the following minimum area and dimension requirements: a. Uses not served by a public or central sewage system. Building sites for uses not served by a public or central sewage system shall be subject to the following: 1. Dwelling units. Each building site for a dwelling unit shall have an area of thirty thousand (30,000)square feet or greater and shall be of such dimensions that no one dimension exceeds any other by a ratio of more than five (5) to one (1) as described by a rectangle inscribed within the building site. The building site shall have adequate area for locating two (2) 18-4-6 Zoning Supplement#84,3-5-14 olz aL kt .‘"f44jir'F) V ��7 COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 PUBLIC WATER / SEWER CONNECTION EVALUATION THIS SECTION IS TO BE COMPLETED BY THE ALBEMARLE COUNTY SERVICE AUTHORITY ENGINEERING DIVISION 1. Distance to public water connection: 2. Access across adjoining property will/will not be required: 3. Distance to public sewer connection: 4. Access across adjoining property will/will not be required: COMMENTS: SIGNATURE: A.C.S.A. THIS SECTION IS TO BE COMPLETED BY THE PROPERTY OWNER 1. Provide contractor's written estimates. 2. Estimated cost to install a well and associated electrical and plumbing equipment: 3. Estimated cost to install a water line for public connection(do not include ACSA fees): 4. Estimated cost to install a septic system: 5. Estimated cost to install a sewer line for public connection: THIS SECTION IS TO BE COMPLETED BY THE AGENT Connection to public water will/will not be required: Connection to public sewer will/will not be required: Signature: 5/19/06