HomeMy WebLinkAboutLOD201900006 Letter of Determination 2004-02-17� oV AL
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COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
FAX (434) 972-4126 TELEPHONE (434) 296-5832 TTD (434) 972-4012
MEMORANDUM
TO: Accessory Apartment Reading File
Zoning Staff
FROM: Amelia G. McCulley,g Zoning Administratorol�
DATE: February 17, 2004
RE: Accessory Apartments - Interpretation of "Within"
Accessory apartments are permitted within the structure of and as subordinate to, a
single-family detached dwelling. These apartments are permitted by -right in all of the
residential districts. The purpose of this memo is to provide clarification as to the
meaning of the term "within" as it relates to the requirement for an accessory apartment
in a main dwelling. This memo will also serve as a written record of the recently revised
interpretation that allows exterior access to the apartment as the sole access.
The current regulation is as follows:
5.1.34 ACCESSORY APARTMENT
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. (emphasis added)
In order for an accessory apartment (AA) to meet the requirement for being "within," the
following must be found:
1. The AA cannot be physically detached from the dwelling to which it is accessory.
{This is explicit in the second sentence of the ordinance language in Section
5.1.34(a).}
2. The AA must be part of the same structure as the dwelling to which it is accessory.
The AA must be attached to the main dwelling through all -season habitable space.
Accessory Apartments - Interpretation of "Within"
February 17, 2004
Page 2
For example, an unheated garage or a covered walkway as the only attachment
between the apartment and the main dwelling are not acceptable.
3. Access to the AA may be either internally through a door from within the main
dwelling or via a separate exterior access (at ground level or above), or both.
In formulating this interpretation, I have reviewed the original zoning text amendment
which provided for accessory apartments. I did not find anything either explicit or in
terms of legislative intent, that conflicts with the findings in this memo. I consulted
Webster's Dictionary and Black's Law Dictionary as to the meaning of the term "within."
Finally, I discussed this issue with other Zoning staff members as well as the Director of
Planning and the Director of Community Development. We concur on the findings in
this memo.
There were at least two pending permits for accessory apartment approvals during the
formulation of this determination. Those property owners have been informed of the
new interpretation. There are no pending appeals of prior determinations on this issue.