HomeMy WebLinkAboutZTA201800004 Staff Report 2018-10-08COUNTY OF ALBEMARLE
TRANSMITTAL TO THE BOARD OF SUPERVISORS
SUMMARY OF PLANNING COMMISSION ACTION
AGENDA TITLE:
ZTA 2018-04 Beekeeping
SU BJ ECT/PROPOSAL/REQU EST:
This amendment would allow beekeeping on
residentially zoned property subject to
performance standards. This amendment
does not impact beekeeping in the Rural
Areas zoning district.
AGENDA DATE:
October 3, 2018
STAFF CONTACT(S):
Kamptner, Fritz
PRESENTER (S):
BACKGROUND:
The Board of Supervisors held a public hearing for ZTA 2018-04 on September 5, 2018. The Board
requested that the draft ordinance be revised to include provisions for notice to abutting property owners
and the removal of unused equipment. Staff has revised the draft ordinance to include the following
language:
- The beekeeper shall provide written or verbal notice that they intend to keep bees to the owner of
each abutting lot under different ownership than the lot on which beehives will be located. The
notice shall identify the lot on which the beehives will be located. The notice shall be mailed or
delivered at least 10 days prior to the establishment of beehives on the lot.
- Unused equipment shall be stored in sealed containers, or placed within a building or other
insect -proof container.
DISCUSSION:
The attached revised ordinance (Attachment A) includes the option of verbal notice in an effort to
encourage communication between the beekeeper and neighbors.
RECOMMENDATIONS:
Staff recommends that the Board adopt the attached proposed ordinance (Attachment A).
ATTACHMENTS:
Attachment A — Proposed Ordinance
COUNTY OF ALBEMARLE
TRANSMITTAL TO THE BOARD OF SUPERVISORS
SUMMARY OF PLANNING COMMISSION ACTION
AGENDA TITLE: AGENDA DATE:
ZTA 2018-04 Beekeeping September 5, 2018
SUBJECT/PROPOSAL/REQUEST: STAFF CONTACT(S):
This amendment would allow beekeeping on Kamptner, Fritz
residentially zoned property subject to performance
standards. This amendment does not impact PRESENTER (S):
beekeeping in the Rural Areas zoning district. Mr. Fritz
BACKGROUND:
The Board of Supervisors adopted a resolution of intent on March 3, 2018 to amend the Zoning
Ordinance to allow beekeeping in residential districts.
DISCUSSION:
On June 26, 2018 the Planning Commission held a public hearing and recommended approval of the
zoning text amendment by a 4:1 (Keller) vote.
During the Planning Commission discussion, it was noted that the ordinance is similar to others around
the Commonwealth and that the City of Charlottesville does not have limitations on beekeeping. It was
also stated that bees could be an attractive nuisance and may harm other pollinators.
RECOMMENDATIONS:
The Planning Commission and staff recommends approval of ZTA 2018-04
ATTACHMENTS:
Attachment A — Staff report for 6/26/2018 Planning Commission Public Hearing
Attachment B — Action letter for 6/26/2018 Planning Commission Public Hearing
Attachment C — Meeting minutes for 6/26/2018 Planning Commission Public Hearing
Attachment D — Proposed ordinance for adoption
Draft: September 20, 2018
ORDINANCE NO. 18-18(2)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS,
ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE
CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Provisions, Article II, Basic Regulations, and Article III, District Regulations,
are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions.
Sec. 12.2 Permitted uses.
Sec. 13.2 Permitted uses.
Sec. 14.2 Permitted uses.
Sec. 15.2 Permitted uses.
Sec. 16.2 Permitted uses.
By Adding:
Sec. 5.1.63 Residential beekeeping
Chapter 18. Zoning
Article I. General Provisions
Section 3. Definitions
3.1 DEFINITIONS
Urban beekeeping: Beekeeping on any residentially -zoned lot. Beekeeping in the Rural Areas
District, RA, and the Monticello Historic District, MHD, shall not be considered urban beekeeping.
Article II. Basic Regulations
Section 5. Supplementary Regulations
5.1.63 URBAN BEEKEEPING
Urban beekeeping shall be subject to the following_
a. It shall be unlawful for any person to keep, keep, place, or allow a beehive to remain:
1. Closer than 10 feet to a public right-of-way or to the lot line of an adjoining lot not
owned by the person maintaining the beehive: or
2. Closer than 30 feet to any structure other than the structure of the person maintaining the
beehive.
Draft: September 20, 2018
b. All beehives shall be oriented with the entrance facing away from the adjacent lot or public right-
of-way
c. The beehive and all related materials may only be located within the rear yard of the lot as
shown in fid
Fid
on either side of the beehive.
e. If a beehive is located at least 10 feet above ground level, the beehive shall be located a
minimum of five feet from the side of the structure and 30 feet from any structure other than a
structure of the person maintaining the beehive.
£ The beekeeper shall conspicuously post a sign gn warnjng individuals of the presence of bees. This
sign shall include the lot owner's name and a telephone number at which the beekeeper can be
reached in case of emergency.
F= The beekeeper shall provide written or verbal notice that they intend to keep bees to the owner of
each abutting lot under different ownership than the lot on which beehives will be located. The
notice shall identify the lot on which the beehives will be located. The notice shall be mailed or
delivered at least 10 days prior to the establishment of beehives on the lot.
h. Each beekeeper shall ensure that no wax comb or other material that might encourage robbing
by other bees are left on the grounds of the lot on which the beehive is located (the "apiary
2
Fig 1. Interior Lot
Fig 2. Corner Lot
Fioures 1 - 5
RIGHT-OF-WAY
RIGHT -0F -NAY
= Areas where 1
1
I
1
hives are not
1
ermitted on
Ot5
1 1
l
1 . a
LL
a
1 �
LOT I
I LOT
Fig 3. Diagonal House
Fig 4. Triangle Lot
Fig S. Lot with Rear of House Facing Street
RIGHT-OF-WAY
RIGHT-OF-WAY
FRONT RIGHT-OF-WAY
1 1
1 Y
1 y
C 110•
I 1
110,
1 0
j
I "
I LOT I
I
OTHmRIGHT-0F-WAY
d. If a beehive is located less than 10 feet above ground level and
within 30 feet of any lot line
adjoining a residential lot or public
right-of-way, a barrier of sufficient density to establish
bee flyways above head height must separate the beehive from the lot line or public right-of-
way. The barrier may be constructed of fencing or evergreen vegetation or a combination of the
two. The barrier must be no less than six feet in height and extend no less than ten feet in length
on either side of the beehive.
e. If a beehive is located at least 10 feet above ground level, the beehive shall be located a
minimum of five feet from the side of the structure and 30 feet from any structure other than a
structure of the person maintaining the beehive.
£ The beekeeper shall conspicuously post a sign gn warnjng individuals of the presence of bees. This
sign shall include the lot owner's name and a telephone number at which the beekeeper can be
reached in case of emergency.
F= The beekeeper shall provide written or verbal notice that they intend to keep bees to the owner of
each abutting lot under different ownership than the lot on which beehives will be located. The
notice shall identify the lot on which the beehives will be located. The notice shall be mailed or
delivered at least 10 days prior to the establishment of beehives on the lot.
h. Each beekeeper shall ensure that no wax comb or other material that might encourage robbing
by other bees are left on the grounds of the lot on which the beehive is located (the "apiary
2
Draft: September 20, 2018
lot"). Once removed from the site, the wax comb or other materials shall be handled and stored
in sealed containers, or placed within a building or other insect -proof container.
i. Each beekeeper shall maintain his beekeeping equipment in good condition, including keeping
the beehives painted if they have been painted but are peeling or flaking, and securing unused
equipment from weather, potential theft or vandalism, and occupancy by swarms. It shall not be
a defense to this section that a beekeeper's unused equipment attracted a swarm and that the
beekeeper is not intentionally keeping bees. Unused equipment shall be stored in sealed
containers, or placed within a building or other insect -proof container.
No person may keep more than the following numbers of bee colonies on any lot, based upon the
size or configuration of the apiary lot:
1. One-half acre or smaller lot: two colonies:
2. Larger than 1/2 acre and up to 3/4 acre lot: four colonies:
3. Larger than 3/4 acre and up to 1 acre lot: six colonies:
4. Larger than 1 acre and up to 5 acre lot: eight colonies:
5. Larger than 5 acre lot: no restriction.
k. If a beekeeper serves the community by removing a swarm or swarms of honey bees from
locations where they are not desired, the beekeeper shall not be considered in violation of the
portion of this section limiting the number of colonies if he temporarily houses the swarm on the
apiary lot in compliance with the standards of practice set out in this section for no more than 30
days from the date acquired.
Article III. District Regulations
Section 12. Village Residential
Sec. 12.2 Permitted uses.
Sec. 12.2.1 By right.
The following uses shall be permitted by right in the VR district, subject to the applicable requirements of
this chapter:
1. Detached single-family dwellings.
2. Side-by-side duplexes provided that density is maintained and provided further that buildings are
located so that each unit could be provided with a lot meeting all other requirements for detached
single-family dwellings except for side yards at the common wall. Other two-family dwellings shall
be permitted provided density is maintained.
3. Cluster development of permitted residential uses.
4. Rental of permitted residential uses and guest cottages, provided that yard, area and other requirements
of this ordinance shall be met for each such use whether or not such use is on an individual lay -out.
5. (Repealed 9-2-81)
Draft: September 20, 2018
6. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage
buildings.
8. Temporary construction uses (reference 5.1.18).
9. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5);
public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the
like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12).
(Amended 11-1-89)
10. Tourist lodgings (reference 5.1.17).
11. Wayside stands for the display and sale of seasonal agricultural products (reference 5.1.19).
12. Group home (reference 5.1.07).
13. Agriculture.
14. Manufactured homes on individual lots (reference 5.6)
15. Stormwater management facilities shown on an approved final site plan or subdivison plat.
16. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40).
17. Farm sales (reference 5.1.47).
18. Farm stands (reference 5.1.47).
19. Family day homes (reference 5.1.56).
20. Urban beekeeping (reference 5.1.63).
(§ 20-12.2.1, 12-10-80; 9-2-81; 11-1-89; 11-11-92; § 18-12.2.1, Ord. 98-A(1), 8-5-98; Ord. 02-18(6), 10-
9-02; Ord. 04-18(2), 10-13-04; Ord. 10-18(4), 5-5-10; Ord. 13-18(5), 9-11-13; Ord. 17-18(4), 8-9-17;
Ord. 18-18(1), 1-10-18)
Section 13. Residential — R-1
13.2 PERMITTED USES
13.2.1 BY RIGHT
The following uses shall be permitted by right in the R-1 district, subject to the applicable requirements of
this chapter:
1. Detached single-family dwellings.
11
Draft: September 20, 2018
2. Cluster development of permitted residential uses.
3. Rental of permitted residential uses and guest cottages, provided that yard, area, and other
requirements of this ordinance shall be met for each such use whether or not such use is on an
individual lay -out.
4. (Repealed 9-2-81)
5. (Repealed 9-2-81)
6. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage
buildings.
8. Temporary construction uses (reference 5.1.18).
9. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
10. Tourist lodgings (reference 5.1.17).
11. Group home (reference 5.1.07). (Amended 8-9-17)
12. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
13. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
14. Family day homes (reference 5.1.56). (Added 9-11-13)
15. Urban beekeeping (reference 5.1.63).
(§ 20-13.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord.
13-18(5), 9-11-13; Ord. 17-18(4), 8-9-17)
Section 14. Residential — R-2
14.2 PERMITTED USES
14.2.1 BY RIGHT
The following uses shall be permitted by right in the R-2 district, subject to the applicable requirements of
this chapter:
1. Detached single-family dwellings.
2. Cluster development of permitted residential uses.
Draft: September 20, 2018
3. Rental of permitted residential uses and guest cottages, provided that yard, area and other
requirements of this ordinance shall be met for each such use whether or not such use is on an
individual lay -out.
4. (Repealed 9-2-81)
5. (Repealed 9-2-81)
6. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
7. Accessory uses and buildings including home occupations (reference 5.2) and storage buildings.
8. Temporary construction uses (reference 5.1.18).
9. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5, 5.1.12). (Amended 11-1-89).
10. Tourist lodgings (reference 5.1.17).
11. Group home (reference 5.1.07). (Amended 8-9-17)
12. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
13. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
14. Family day homes (reference 5.1.56). (Added 9-11-13)
15. Urban beekeeping (reference 5.1.63).
(§ 20-14.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord.
13-18(5), 9-11-13; Ord. 17-18(4), 8-9-17)
Section 15. Residential — R-4
15.2 PERMITTED USES
15.2.1 BY RIGHT
The following uses shall be permitted by right in the R-4 district, subject to the applicable requirements of
this chapter:
1. Detached single-family dwellings.
6
Draft: September 20, 2018
2. Side-by-side duplexes provided that density is maintained, and provided further that buildings are
located so that each unit could be provided with a lot meeting all other requirements for detached
single-family dwellings except for side yards at the common wall. Other two-family dwellings shall
be permitted provided density is maintained.
3. Semi-detached and attached single-family dwellings such as triplexes, quadruplexes, townhouses,
atrium houses and patio houses provided that density is maintained, and provided further that
buildings are located so that each unit could be provided with a lot meeting all other requirements for
detached single-family dwellings except for side yards at the common wall.
4. Cluster development of permitted residential uses.
5. Rental of permitted residential uses and guest cottages, provided that yard, area and other
requirements of this ordinance shall be met for each such use whether or not such use is on an
individual lay -out.
6. (Repealed 9-2-81)
7. (Repealed 9-2-81)
8. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
9. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage
buildings.
10. Temporary construction uses (reference 5.1.18).
11. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
12. Tourist lodgings (reference 5.1.17).
13. Group home (reference 5.1.07). (Amended 8-9-17)
14. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
15. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
16. Family day homes (reference 5.1.56). (Added 9-11-13)
17. Urban beekeeping (reference 5.1.63).
(§ 20-15.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord.
13-18(5), 9-11-13; Ord. 17-18(4), 8-9-17)
7
Draft: September 20, 2018
Article III. District Regulations
Section 16. Residential — R-6
16.2 PERMITTED USES
16.2.1 BY RIGHT
The following uses shall be permitted by right in the R-6 district, subject to the applicable requirements of
this chapter:
1. Detached single-family dwellings.
2. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes,
townhouses, atrium houses and patio houses provided that density is maintained, and provided further
that buildings are located so that each unit could be provided with a lot meeting all other requirements
for detached single-family dwellings except for side yards at the common wall.
3. Multiple -family dwellings such as garden apartments.
4. Cluster development of permitted residential uses.
5. Rental of permitted residential uses and guest cottages; provided that yard, area and other
requirements of this ordinance shall be met for each such use whether or not such use is on an
individual lot.
6. Group home (reference 5.1.07). (Amended 8-9-17)
7. Boarding houses.
8. Tourist lodgings (reference 5.1.17).
9. (Repealed 9-2-81)
10. (Repealed 9-2-81)
11. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
13. Temporary construction uses (reference 5.1.18).
14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage
buildings.
Draft: September 20, 2018
15. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
16. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
17. Family day homes (reference 5.1.56). (Added 9-11-13)
18. Urban beekeeping (reference 5.1.63).
(§ 20-16.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord.
13-18(5), 9-11-13; Ord. 17-18(4), 8-9-17)
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to, as
recorded below, at a regular meeting held on
Aye Nay
Mr. Dill
Mr. Gallaway
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
Clerk, Board of County Supervisors
0
STAFF CONTACT: William D. Fritz, AICP
PLANNING COMMISSION: June 26, 2018
BOARD OF SUPERVISORS: TBD
ZTA: ZTA 2018-04 Beekeeping
ORIGIN:
The Board of Supervisors adopted a resolution of intent on March 3, 2018 to amend the zoning
ordinance to allow beekeeping in residential districts.
PROPOSAL -
This amendment would establish allow beekeeping on residentially zoned property subject to
performance standards. This amendment does not impact beekeeping in the Rural Areas zoning district.
PUBLIC PURPOSE TO BE SERVED:
Promotes implementation of the goals of the strategic plan. Specifically, "Natural Resources
Stewardship: Thoughtfully protect and manage Albemarle County's ecosystems and natural resources in
both the rural and development areas to safeguard the quality of life of current and future generations".
The amendment also address a specific objective of the Comprehensive Plan.
BACKGROUND:
The Development Areas Chapter of the Albemarle County Comprehensive Plan includes as Objective
11:
Consider allowing for urban agriculture practices to increase access to healthy, local, and
affordable foods and encourage the productive use of vacant land.
Strategy 11a of the Development Areas Chapter of the Albemarle County Comprehensive Plan states
that the County will study ways to allow beekeeping and other forms of agriculture in the Development
Areas without harming the safety, welfare, and enjoyment of adjoining property owners.
STAFF COMMENT:
The Comprehensive Plan recommended studying ways to allow a wide variety of agricultural activities in
the Development Areas. Some types of agricultural activities have issues such as waste disposal, food
storage, smell, sound and other issues. It was decided to separate beekeeping from other types of
agricultural activities in the Development Areas because the impacts are fewer and because of the habits
of bees, the impacts generated by beekeeping are easier to address.
Staff has reviewed ordinances from many jurisdictions and has found that they share many common
elements. This reflects the predictable nature of beekeeping. Staff has used the ordinances of other
localities to develop the proposed amendment.
The proposed ordinance includes the following provisions:
- Establishes setbacks from property lines and structures, including provisions for physical barriers
to prevent impacts on adjacent property
- Establishes standards for orientation of hive entrances
- Prohibits hives from being located in front yards
- Requires signage to notify people of the presence of bees
- Prohibits improper storage of equipment
- Requires maintenance of hives
- Limits number of hives based on lot size
The City of Charlottesville allows beekeeping and does not have any of the regulations proposed by staff.
Staff has been unable to identify any issues that have occurred in the City.
This ordinance will be reviewed by the three (3) criteria previously established by the Board for
amendments:
Administration/Review Process:
The standards are easy to apply and interpret. No permitting process is necessary.
Housing Affordability:
No impact on housing affordability.
Implications to Staffing/Staffing Costs:
There are no staffing or staffing costs impacts.
RECOMMENDED ACTION:
Staff recommends approval of ZTA 2018-04.
ATTACHMENTS
Attachment A — Resolution of Intent
Attachment B — Proposed Ordinance Language
Draft: April 16
ORDINANCE NO. 18-18(2)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS,
ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE
CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Provisions, Article II, Basic Regulations, and Article III, District Regulations,
are hereby amended and reordained as follows:
By Amending:
Article I, Sec. 3.1 Definitions.
By Adding:
Article 2, Sec. 5.1.63 Residential beekeeping
By Amending:
Article 3, Sec. 12.2 Permitted uses.
Article 3, Sec. 13.2 Permitted uses.
Article 3, Sec. 14.2 Permitted uses.
Article 3, Sec. 15.2 Permitted uses.
Article 3, Sec. 16.2 Permitted uses.
Chapter 18. Zoning
Article I. General Provisions
Section 3. Definitions
3.1 DEFINITIONS
Urban beekeeping: beekeeping on any residentially -zoned property. Beekeeping in the Rural Areas
District, RA, and the Monticello Historic District, MI -ID, shall not be considered urban beekeeping.
Article II. Basic Regulations
Section 5. Supplementary Regulations
5.1.63 URBAN BEEKEEPING
Urban beekeeping shall be subject to the following:
a. It shall be unlawful for any person to keep, keep, place, or allow a beehive to remain:
Draft: April 16
1. Closer than ten feet to a public right-of-way or to the property line of adjoining property
not owned by the person maintaining the beehive: or
2. Closer than 30 feet to any structure other than the structure of the person maintaining
beehive.
b. All hives shall be oriented with the entrance facing away from the adjacent property or public
richt of way.
c. The hive and all related materials may only be located within the rear vard of the propertv as
shown in fid
Figure 1
Fig 1. Interior Lot
Fig 2. Corner Lat
Figures 1 - 5 RIGHT-OF-WAY
RIGHT -0F -WAY
= Areas where
1
I
hives are not
permitted on 1
p
lots I o
r
' o
10,
LOT I
I LOT
Fig 3. Diagonal House Fig 4. Triangle Lot
Fig S. Lot with Rear of House Fad ng Street
RIGHT-OF-WAY RIGHT-OF-WAY
FRONT RIGHT-OF-WAY
1 } 1 *
1 � � � 11�• .
I 1
1 1
1
= 1�j0= A�
Jam.
1011
U10J
-,Cr-
Lir I I
OTHER RIGHT -0F -WAY
d. For any beehive placed less than 10 feet above ground level and within 30 feet of any property
line adjoining a residential property or public right-of-way, a barrier
of sufficient density to
establish bee flyways above head height must separate the beehive from such property line or
public right-of-way. The barrier may be constructed of fencing
or evergreen vegetation or a
combination of the two. The barrier must be no less than six feet in height and extend no less
than ten feet in length on either side of beehive.
e. For any beehive located at least 10 feet above ground level the hive shall be located a minimum
of 5 feet from the side of the structure and 30 feet from any structure other than a structure of
the person maintaining the beehive.
£ The beekeeper shall conspicuously post a sign sign warning individuals of the presence of bees. This
sign shall include the property owner's name and a telephone number at which the beekeeper
can be reached in case of emergency.
2
Draft: April 16
g. Each beekeeper shall ensure that no wax comb or other material that might encourage robbing
by other bees are left upon the grounds of the apiary lot. Such materials once removed from the
site shall be handled and stored in sealed containers, or placed within a building or other
insectproof container.
h. Each beekeeper shall maintain his beekeeping equipment in good condition, including keeping
the hives painted if they have been painted but are peeling or flaking, and securing unused
equipment from weather, potential theft or vandalism and occupancy by swarms. It shall not be
a defense to this section that a beekeeper's unused equipment attracted a swarm and that the
beekeeper is not intentionally keeping bees.
i. No person is permitted to keep more than the following numbers of colonies on any lot. based
upon the size or configuration of the apiary lot:
1. One half acre or smaller lot 2 colonies•
2. Larger than 1/2 acre but smaller than 3/4 acre lot 4 colonies:
3. Larger than 3/4 acre lot but smaller than 1 acre lot 6 colonies:
4. One acre but smaller than 5 acres 8 colonies:
5. Larger than 5 acres no restriction.
j. If the beekeeper serves the community v removing a swarm or swarms of honey bees from
locations where they are not desired, the beekeeper shall not be considered in violation of the
portion of this ordinance limiting the number of colonies if he temporarily houses the swarm on
the apiary lot in compliance with the standards of practice set out in this section for no more than
30 days from the date acquired.
Article III. District Regulations
Section 12. Village Residential
Sec. 12.2 Permitted uses.
Sec. 12.2.1 By right.
The following uses shall be permitted by right in the VR district, subject to the applicable requirements of
this chapter:
1. Detached single-family dwellings.
2. Side-by-side duplexes provided that density is maintained and provided further that buildings are
located so that each unit could be provided with a lot meeting all other requirements for detached
single-family dwellings except for side yards at the common wall. Other two-family dwellings shall
be permitted provided density is maintained.
3
Draft: April 16
3. Cluster development of permitted residential uses.
4. Rental of permitted residential uses and guest cottages, provided that yard, area and other requirements
of this ordinance shall be met for each such use whether or not such use is on an individual lay -out.
5. (Repealed 9-2-81)
6. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage
buildings.
8. Temporary construction uses (reference 5.1.18).
9. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5);
public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the
like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12).
(Amended 11-1-89)
10. Tourist lodgings (reference 5.1.17).
11. Wayside stands for the display and sale of seasonal agricultural products (reference 5.1.19).
12. Group home (reference 5.1.07).
13. Agriculture.
14. Manufactured homes on individual lots (reference 5.6)
15. Stormwater management facilities shown on an approved final site plan or subdivison plat.
16. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
17. Farm sales (reference 5.1.47).
18. Farm stands (reference 5.1.47).
19. Family day homes (reference 5.1.56).
20. Urban beekeeping (reference 5.1.63).
(§ 20-12.2.1, 12-10-80; 9-2-81; 11-1-89; 11-11-92; § 18-12.2.1, Ord. 98-A(1), 8-5-98; Ord. 02-18(6), 10-
9-02; Ord. 04-18(2), 10-13-04; Ord. 10-18(4), 5-5-10; Ord. 13-18(5), 9-11-13; Ord. 17-18(4), 8-9-17;
Ord. 18-18(1), 1-10-18)
4
Draft: April 16
Article III. District Regulations
Section 13. Residential — R-1
13.2 PERMITTED USES
13.2.1 BY RIGHT
The following uses shall be permitted by right in the R-1 district, subject to the applicable requirements of
this chapter:
1. Detached single-family dwellings.
2. Cluster development of permitted residential uses.
3. Rental of permitted residential uses and guest cottages, provided that yard, area, and other requirements
of this ordinance shall be met for each such use whether or not such use is on an individual lay -out.
4. (Repealed 9-2-81)
5. (Repealed 9-2-81)
6. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage
buildings.
8. Temporary construction uses (reference 5.1.18).
9. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5);
public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the
like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12).
(Amended 11-1-89)
10. Tourist lodgings (reference 5.1.17).
11. Group home (reference 5.1.07). (Amended 8-9-17)
12. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
13. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
5
Draft: April 16
14. Family day homes (reference 5.1.56). (Added 9-11-13)
15. Urban beekeeping (reference 5.1.63).
(§ 20-13.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord.
13-18(5), 9-11-13; Ord. 17-18(4), 8-9-17)
Article III. District Regulations
Section 14. Residential — R-2
14.2 PERMITTED USES
14.2.1 BY RIGHT
The following uses shall be permitted by right in the R-2 district, subject to the applicable requirements of
this chapter:
1. Detached single-family dwellings.
2. Cluster development of permitted residential uses.
3. Rental of permitted residential uses and guest cottages, provided that yard, area and other requirements
of this ordinance shall be met for each such use whether or not such use is on an individual lay -out.
4. (Repealed 9-2-81)
5. (Repealed 9-2-81)
6. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
7. Accessory uses and buildings including home occupations (reference 5.2) and storage buildings.
8. Temporary construction uses (reference 5.1.18).
9. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5);
public water and sewer transmission main or trunk lines, treatment facilities, pumping stations and the
like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5, 5.1.12).
(Amended 11-1-89).
10. Tourist lodgings (reference 5.1.17).
0
Draft: April 16
11. Group home (reference 5.1.07). (Amended 8-9-17)
12. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
13. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
14. Family day homes (reference 5.1.56). (Added 9-11-13)
15. Urban beekeeping (reference 5.1.63).
(§ 20-14.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord.
13-18(5), 9-11-13; Ord. 17-18(4), 8-9-17)
Article III. District Regulations
Section 15. Residential — R-4
15.2 PERMITTED USES
15.2.1 BY RIGHT
The following uses shall be permitted by right in the R-4 district, subject to the applicable requirements
of this chapter:
1. Detached single-family dwellings.
2. Side-by-side duplexes provided that density is maintained, and provided further that buildings are
located so that each unit could be provided with a lot meeting all other requirements for detached
single-family dwellings except for side yards at the common wall. Other two-family dwellings shall
be permitted provided density is maintained.
3. Semi-detached and attached single-family dwellings such as triplexes, quadruplexes, townhouses,
atrium houses and patio houses provided that density is maintained, and provided further that
buildings are located so that each unit could be provided with a lot meeting all other requirements for
detached single-family dwellings except for side yards at the common wall.
4. Cluster development of permitted residential uses.
5. Rental of permitted residential uses and guest cottages, provided that yard, area and other
requirements of this ordinance shall be met for each such use whether or not such use is on an
individual lay -out.
6. (Repealed 9-2-81)
7. (Repealed 9-2-81)
7
Draft: April 16
8. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
9. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage
buildings.
10. Temporary construction uses (reference 5.1.18).
11. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
12. Tourist lodgings (reference 5.1.17).
13. Group home (reference 5.1.07). (Amended 8-9-17)
14. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
15. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
16. Family day homes (reference 5.1.56). (Added 9-11-13)
17. Urban beekeeping (reference 5.1.631.
(§ 20-15.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord.
13-18(5), 9-11-13; Ord. 17-18(4), 8-9-17)
Article III. District Regulations
Section 16. Residential — R-6
16.2 PERMITTED USES
16.2.1 BY RIGHT
The following uses shall be permitted by right in the R-6 district, subject to the applicable requirements
of this chapter:
1. Detached single-family dwellings.
0
Draft: April 16
2. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes,
townhouses, atrium houses and patio houses provided that density is maintained, and provided further
that buildings are located so that each unit could be provided with a lot meeting all other requirements
for detached single-family dwellings except for side yards at the common wall.
3. Multiple -family dwellings such as garden apartments.
4. Cluster development of permitted residential uses.
5. Rental of permitted residential uses and guest cottages; provided that yard, area and other
requirements of this ordinance shall be met for each such use whether or not such use is on an
individual lot.
6. Group home (reference 5.1.07). (Amended 8-9-17)
7. Boarding houses.
8. Tourist lodgings (reference 5.1.17).
9. (Repealed 9-2-81)
10. (Repealed 9-2-81)
11. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and owned
and operated by a public utility. Water distribution and sewerage collection lines, pumping stations
and appurtenances owned and operated by the Albemarle County Service Authority. Except as
otherwise expressly provided, central water supplies and central sewerage systems in conformance
with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
13. Temporary construction uses (reference 5.1.18).
14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage
buildings.
15. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
16. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
17. Family day homes (reference 5.1.56). (Added 9-11-13)
18. Urban beekeeping (reference 5.1.63).
9
Draft: April 16
(§ 20-16.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord.
13-18(5), 9-11-13; Ord. 17-18(4), 8-9-17)
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to, as
recorded below, at a regular meeting held on
Aye Nay
Mr. Dill
Mr. Gallaway
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
10
Clerk, Board of County Supervisors
Draft: August 20, 2018
ORDINANCE NO. 18-18(2)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS,
ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE
CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Provisions, Article II, Basic Regulations, and Article III, District Regulations,
are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions.
Sec. 12.2 Permitted uses.
Sec. 13.2 Permitted uses.
Sec. 14.2 Permitted uses.
Sec. 15.2 Permitted uses.
Sec. 16.2 Permitted uses.
By Adding:
Sec. 5.1.63 Residential beekeeping
Chapter 18. Zoning
Article I. General Provisions
Section 3. Definitions
3.1 DEFINITIONS
Urban beekeeping: Beekeeping on any residentially -zoned property. Beekeeping in the Rural Areas
District, RA, and the Monticello Historic District, MHD, shall not be considered urban beekeeping.
Article II. Basic Regulations
Section 5. Supplementary Regulations
5.1.63 URBAN BEEKEEPING
Urban beekeeping shall be subject to the following_
a. It shall be unlawful for any person to keep, keep, place, or allow a beehive to remain:
1. Closer than 10 feet to a public right-of-way or to the property line of adjoining property
not owned by the person maintaining the beehive: or
2. Closer than 30 feet to any structure other than the structure of the person maintaining the
beehive.
Draft: August 20, 2018
b. All beehives shall be oriented with the entrance facing away from the adjacent property or ]Public
right-of-way.
c. The beehive and all related materials may only be located within the rear yard of the property
as shown in figure
Fid
Fig 1. Interior Lot
Fioures 1 - 5 RIGHT-OF-WAY
Areas where
hives are not
permitted an '
jots I '
LOT I
Fig 3. Diagonal House
Fig 2. Corner Lot
RIGHT-OF-WAY
�•
r
I
1
�
11�
1
�
tc
I
LLI
I
LOT I
Fig 2. Corner Lot
Fig 4. Tria ng le Lot
RIGHT-OF-WAY
� y
z C IID .�r
x
I
I�
I
f
J
I
Fig S. Lot with Rear of House Facing Street
RIGHT -OF -NAY
t
I
tc
LLI
IJ
1
10, 10
I
LOT
Fig 4. Tria ng le Lot
RIGHT-OF-WAY
� y
z C IID .�r
x
I
I�
I
f
J
I
Fig S. Lot with Rear of House Facing Street
OTHER RIGHT -0F -WAY
d. If a beehive is located less than 10 feet above ground level and within 30 feet of any prone
line adjoining a residential property or public right-of-way, a barrier of sufficient density to
establish bee flyways above head height must separate the beehive from the property line or
public right-of-way. The barrier may be constructed of fencing or evergreen vegetation or a
combination of the two. The barrier must be no less than six feet in height and extend no less
than ten feet in length on either side of the beehive.
e. If a beehive is located at least 10 feet above ground level, the beehive shall be located a
minimum of five feet from the side of the structure and 30 feet from any structure other than a
structure of the person maintaining the beehive.
£ The beekeeper shall conspicuously post a sign sign warning individuals of the presence of bees. This
sign shall include the property owner's name and a telephone number at which the beekeeper
can be reached in case of emergency.
g. Each beekeeper shall ensure that no wax comb or other material that might encourage robbing
by other bees are left on the grounds of the parcel on which the beehive is located (the "apiary
lot"). Once removed from the site, the wax comb or other materials shall be handled and stored
in sealed containers, or placed within a building or other jnsect-proof container.
h. Each beekeeper shall maintain his beekeeping equipment in good condition, including keeping
the beehives painted if they have been painted but are peeling or flaking,, and securing unused
2
FRONT RIGHT-OF-WAY
IJ
1
10, 10
OTHER RIGHT -0F -WAY
d. If a beehive is located less than 10 feet above ground level and within 30 feet of any prone
line adjoining a residential property or public right-of-way, a barrier of sufficient density to
establish bee flyways above head height must separate the beehive from the property line or
public right-of-way. The barrier may be constructed of fencing or evergreen vegetation or a
combination of the two. The barrier must be no less than six feet in height and extend no less
than ten feet in length on either side of the beehive.
e. If a beehive is located at least 10 feet above ground level, the beehive shall be located a
minimum of five feet from the side of the structure and 30 feet from any structure other than a
structure of the person maintaining the beehive.
£ The beekeeper shall conspicuously post a sign sign warning individuals of the presence of bees. This
sign shall include the property owner's name and a telephone number at which the beekeeper
can be reached in case of emergency.
g. Each beekeeper shall ensure that no wax comb or other material that might encourage robbing
by other bees are left on the grounds of the parcel on which the beehive is located (the "apiary
lot"). Once removed from the site, the wax comb or other materials shall be handled and stored
in sealed containers, or placed within a building or other jnsect-proof container.
h. Each beekeeper shall maintain his beekeeping equipment in good condition, including keeping
the beehives painted if they have been painted but are peeling or flaking,, and securing unused
2
Draft: August 20, 2018
equipment from weather, potential theft or vandalism, and occupancy by swarms. It shall not be
a defense to this section that a beekeeper's unused equipment attracted a swarm and that the
beekeeper is not intentionally keeping bees.
i. No person may keep more than the following numbers of bee colonies on any lot, based upon the
size or configuration of the apiary lot:
1. One half acre or smaller lot: two colonies:
2. Larger than 1/2 acre but smaller than 3/4 acre lot: four colonies:
3. Larger than 3/4 acre lot but smaller than 1 acre lot: six colonies:
4. One acre but smaller than 5 acres: eight colonies:
5. Larger than 5 acres: no restriction.
j. If the beekeeper serves the community y removing a swarm or swarms of honey bees from
locations where they are not desired, the beekeeper shall not be considered in violation of the
portion of this section limiting the number of colonies if he temporarily houses the swarm on the
apiary lot in compliance with the standards of practice set out in this section for no more than 30
days from the date acquired.
Article III. District Regulations
Section 12. Village Residential
Sec. 12.2 Permitted uses.
Sec. 12.2.1 By right.
The following uses shall be permitted by right in the VR district, subject to the applicable requirements of
this chapter:
1. Detached single-family dwellings.
2. Side-by-side duplexes provided that density is maintained and provided further that buildings are
located so that each unit could be provided with a lot meeting all other requirements for detached
single-family dwellings except for side yards at the common wall. Other two-family dwellings shall
be permitted provided density is maintained.
3. Cluster development of permitted residential uses.
4. Rental of permitted residential uses and guest cottages, provided that yard, area and other requirements
of this ordinance shall be met for each such use whether or not such use is on an individual lay -out.
5. (Repealed 9-2-81)
6. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
Draft: August 20, 2018
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage
buildings.
8. Temporary construction uses (reference 5.1.18).
9. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5);
public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the
like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12).
(Amended 11-1-89)
10. Tourist lodgings (reference 5.1.17).
11. Wayside stands for the display and sale of seasonal agricultural products (reference 5.1.19).
12. Group home (reference 5.1.07).
13. Agriculture.
14. Manufactured homes on individual lots (reference 5.6)
15. Stormwater management facilities shown on an approved final site plan or subdivison plat.
16. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40).
17. Farm sales (reference 5.1.47).
18. Farm stands (reference 5.1.47).
19. Family day homes (reference 5.1.56).
20. Urban beekeeping (reference 5.1.63).
(§ 20-12.2.1, 12-10-80; 9-2-81; 11-1-89; 11-11-92; § 18-12.2.1, Ord. 98-A(1), 8-5-98; Ord. 02-18(6), 10-
9-02; Ord. 04-18(2), 10-13-04; Ord. 10-18(4), 5-5-10; Ord. 13-18(5), 9-11-13; Ord. 17-18(4), 8-9-17;
Ord. 18-18(1), 1-10-18)
Section 13. Residential — R-1
13.2 PERMITTED USES
13.2.1 BY RIGHT
The following uses shall be permitted by right in the R-1 district, subject to the applicable requirements of
this chapter:
1. Detached single-family dwellings.
2. Cluster development of permitted residential uses.
11
Draft: August 20, 2018
3. Rental of permitted residential uses and guest cottages, provided that yard, area, and other
requirements of this ordinance shall be met for each such use whether or not such use is on an
individual lay -out.
4. (Repealed 9-2-81)
5. (Repealed 9-2-81)
6. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage
buildings.
8. Temporary construction uses (reference 5.1.18).
9. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
10. Tourist lodgings (reference 5.1.17).
11. Group home (reference 5.1.07). (Amended 8-9-17)
12. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
13. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
14. Family day homes (reference 5.1.56). (Added 9-11-13)
15. Urban beekeeping (reference 5.1.63).
(§ 20-13.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord.
13-18(5), 9-11-13; Ord. 17-18(4), 8-9-17)
Section 14. Residential — R-2
14.2 PERMITTED USES
14.2.1 BY RIGHT
The following uses shall be permitted by right in the R-2 district, subject to the applicable requirements of
this chapter:
1. Detached single-family dwellings.
Draft: August 20, 2018
2. Cluster development of permitted residential uses.
3. Rental of permitted residential uses and guest cottages, provided that yard, area and other
requirements of this ordinance shall be met for each such use whether or not such use is on an
individual lay -out.
4. (Repealed 9-2-81)
5. (Repealed 9-2-81)
6. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
7. Accessory uses and buildings including home occupations (reference 5.2) and storage buildings.
8. Temporary construction uses (reference 5.1.18).
9. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5, 5.1.12). (Amended 11-1-89).
10. Tourist lodgings (reference 5.1.17).
11. Group home (reference 5.1.07). (Amended 8-9-17)
12. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
13. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
14. Family day homes (reference 5.1.56). (Added 9-11-13)
15. Urban beekeeping (reference 5.1.63).
(§ 20-14.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord.
13-18(5), 9-11-13; Ord. 17-18(4), 8-9-17)
Section 15. Residential — R-4
15.2 PERMITTED USES
15.2.1 BY RIGHT
The following uses shall be permitted by right in the R-4 district, subject to the applicable requirements of
this chapter:
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Draft: August 20, 2018
1. Detached single-family dwellings.
2. Side-by-side duplexes provided that density is maintained, and provided further that buildings are
located so that each unit could be provided with a lot meeting all other requirements for detached
single-family dwellings except for side yards at the common wall. Other two-family dwellings shall
be permitted provided density is maintained.
3. Semi-detached and attached single-family dwellings such as triplexes, quadruplexes, townhouses,
atrium houses and patio houses provided that density is maintained, and provided further that
buildings are located so that each unit could be provided with a lot meeting all other requirements for
detached single-family dwellings except for side yards at the common wall.
4. Cluster development of permitted residential uses.
5. Rental of permitted residential uses and guest cottages, provided that yard, area and other
requirements of this ordinance shall be met for each such use whether or not such use is on an
individual lay -out.
6. (Repealed 9-2-81)
7. (Repealed 9-2-81)
8. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
9. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage
buildings.
10. Temporary construction uses (reference 5.1.18).
11. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
12. Tourist lodgings (reference 5.1.17).
13. Group home (reference 5.1.07). (Amended 8-9-17)
14. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
15. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
16. Family day homes (reference 5.1.56). (Added 9-11-13)
17. Urban beekeeping (reference 5.1.631.
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Draft: August 20, 2018
(§ 20-15.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord.
13-18(5), 9-11-13; Ord. 17-18(4), 8-9-17)
Article III. District Regulations
Section 16. Residential — R-6
16.2 PERMITTED USES
16.2.1 BY RIGHT
The following uses shall be permitted by right in the R-6 district, subject to the applicable requirements of
this chapter:
1. Detached single-family dwellings.
2. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes,
townhouses, atrium houses and patio houses provided that density is maintained, and provided further
that buildings are located so that each unit could be provided with a lot meeting all other requirements
for detached single-family dwellings except for side yards at the common wall.
3. Multiple -family dwellings such as garden apartments.
4. Cluster development of permitted residential uses.
5. Rental of permitted residential uses and guest cottages; provided that yard, area and other
requirements of this ordinance shall be met for each such use whether or not such use is on an
individual lot.
6. Group home (reference 5.1.07). (Amended 8-9-17)
7. Boarding houses.
8. Tourist lodgings (reference 5.1.17).
9. (Repealed 9-2-81)
10. (Repealed 9-2-81)
11. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
Draft: August 20, 2018
13. Temporary construction uses (reference 5.1.18).
14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage
buildings.
15. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
16. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
17. Family day homes (reference 5.1.56). (Added 9-11-13)
18. Urban beekeeping (reference 5.1.63).
(§ 20-16.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord.
13-18(5), 9-11-13; Ord. 17-18(4), 8-9-17)
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to, as
recorded below, at a regular meeting held on
Aye Nay
Mr. Dill
Mr. Gallaway
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
Clerk, Board of County Supervisors
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