HomeMy WebLinkAboutLOD201900005 Letter of Determination 2009-03-314°F AL�
viRcir�1P
County of Albemarle
Department of Community Development
Memorandum
To: Relevant Staff
From: Amelia McCulley, Zoning Administrator
Division: Zoning
Date: March 31, 2009
Subject: Advisory Determination of Zoning Ordinance Requirements for Properties
Not Served by Public Water and/or Sewer
The purpose of this memorandum is to clarify the Albemarle County Zoning Ordinance requirements
relating to properties not served by public water and/or sewer. The subject of this memo relates to 1)
allowed by -right uses and 2) when a central system approval is required. In rendering this
determination, I recognize that the County Code Section 16 Water and Wastewater Systems
requirements do not directly correlate to the Zoning Ordinance requirements. However, Zoning
Ordinance Section 2.3 Regulations Conflicting with Other Local or State or Federal Laws, clearly
states that in this case "the most severe or stringent requirement or standard shall prevail."
Allowed By -Right Uses
For properties not served by public water and/or sewer, all of the commercial and industrial
districts (with the exception of PDSC) limit water usage and sewage discharge. This limitation
applies to properties served by individual or central wells that are not operated by the ACSA or
RWSA. If property is served by a water supply operated by either agency, it is served by public
water per the Zoning Ordinance definition. This by -right use limitation is expressed by the
inclusion of this special use permit which states:
Uses permitted by right, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day. Uses permitted by right, not served by
public sewer, involving anticipated discharge of sewage other than domestic wastes. (Added
6-14-89)
a) Water Usage
In order for development not served by public water to be permitted by -right, it must not
utilize more than 400 gallons per site acre per day. The first issue is what is counted
towards the "site acre? The property which is properly zoned for the use is the "site
acreage." For example, if a proposed service station is located on a 4 acre parcel that is
split -zoned RA and C1, Commercial, only the acreage zoned C1 counts towards the "site
acreage." Alternatively, if a central water system is proposed on one lot but serves several
adjoining lots, the "site acreage" for this purpose is based on water usage for each lot.
It is the applicant's responsibility to provide information regarding the proposed
development's water usage. The decision (as to whether or not the use is permitted by -
right or requires a special use permit) is made by the Zoning Administrator in consultation
with the County Engineer.
Advisory Determination of Zoning Ordinance Requirements for Properties
Not Served by Public Water and/or Sewer
March 31, 2009
Page 2
b) Domestic Wastes
The discharge of sewage for properties (zoned commercial or industrial except PDSC) not
served by public sewer is limited to domestic wastes. We have relied on advice from the
Health Department as to whether the anticipated waste is domestic.
This term is not defined in the Zoning Ordinance. It is defined by both the County Code
(Section 16) and the Department of Health website.
The definition from the Department of Health website is: Domestic wastewater —
Wastewater from restrooms and sanitary conveniences of residences, cities, mobile home
parks, subdivisions, restaurants, rest homes, resorts, motels, factories, stores and other
commercial businesses. It also includes industrial contributions when domestic and
industrial wastewater are combined in a city sewer system.
The definition from Section 16-403 of the County Code is: (7) Domestic sewage.
Waterborne wastes normally discharging from the sanitary conveniences of dwellings
(including apartments houses and hotels), office buildings, factories and institutions, free
from storm surface water and industrial wastes.
2. When a Central Svstem Approval is Required by the Zoning Ordinance
Chapter 16 of the County Code, Water and Wastewater Systems, defines a central system as
one which is "designed to serve three (3) or more connections." This definition is based on the
number of physical connections to the system. In Section 4.1, the Zoning Ordinance can lead
to the requirement for property to be served by either a public system (water and/or sewer) or a
central system based on area requirements for each establishment or dwelling unit.
4.1.1 For a parcel served by both a central water supply and a central sewer system,
the minimum area requirements of the district in which such parcel is located shall
apply.
4.1.2 For a parcel served by either a central water supply or a central sewer system,
there shall be provided a minimum area of forty thousand (40, 000) square feet per
commercial or industrial establishment or per dwelling unit as the case may be.
4.1.3 For a parcel served by neither a central water supply nor a central sewer
system, there shall be provided a minimum of sixty thousand (60, 000) square feet per
commercial or industrial establishment or per dwelling unit as the case may be.
It is common for a parcel to lack sufficient area for the creation of multiple establishments. There is
not a specific definition of "establishment' for the application of this regulation. However, the
consistent administrative interpretation of the term "establishment' is consistent with the one found in
Section 4.15, sign regulations. That definition is as follows: The term "establishment" means a public
or private institution or a place of business; for purposes of this definition, the number of franchises
held by an automobile dealership shall not be relevant to the determination as to what is an
establishment.
Advisory Determination of Zoning Ordinance Requirements for Properties
Not Served by Public Water and/or Sewer
March 31, 2009
Page 3
Occupancy of an office building for multiple businesses, even if they are all in the same use category
such as offices, involves the occupancy of multiple establishments. These area requirements (for
property served by neither public nor central water and/or sewer) are based on each individual
occupant or establishment. For example, a 2.5 acre lot which is served by neither public nor central
water or sewer, is limited to 1 establishment. (2.5 acres is 43,560 sf x 2.5 = 108,900 sf. At
60,000 square feet per establishment, this lot area is less than the 120,000 sf necessary for 2
establishments.)
In the preceeding example, if they obtain approval of one utility as a central system, that lowers the
area requirement (per establishment) to either 40,000 sf; if both water and sewer are approved as a
central system, that eliminates the area requirements based on utilities (Section 4.1.1).
Summary
Both the water usage and sewage discharge limitations and the area requirements apply to
development which is not served by both public water and sewer. These requirements should be
considered as early as possible in the review of subdivision plats and site plans for properties not
served by both public utilities. It is possible that some development under these circumstances will be
subject to a special use permit (for water usage and/or sewage discharge) and/or a central system
approval from the Board of Supervisors. In that case, the plat or plan should not be approved until the
necessary Board approvals have been obtained