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HomeMy WebLinkAboutZTA201700011 Transmittal SummaryCOUNTY OF ALBEMARLE TRANSMITTAL TO BOARD OF SUPERVISORS AGENDA TITLE: ZTA 2017-11 Section 3 Rules of Construction and Definitions SUBJECT/PROPOSAL/REQUEST: Public Hearing on Section 3 Rules of Construction and Definitions Zoning Text Amendment to consolidate terms and definitions used throughout the Zoning Ordinance, update terms and definitions for consistency of form and current usage, and delineate standard rules of construction regarding the interpretation of the Zoning Ordinance. AGENDA DATE: June 05, 2019 STAFF CONTACTS(S): Amelia McCulley; Leah Brumfield PRESENTOR(S): Leah Brumfield BACKGROUND: A resolution of intent to amend the Zoning Ordinance was adopted by the Board on April 5, 2017, authorizing an amendment to “consolidate existing definitions and rules of construction, clarify existing definitions, add new definitions, delete obsolete definitions, and to amend the existing rules of construction.” The Planning Commission held a work session on December 18, 2018 to discuss the proposed amendments and provided staff with feedback and questions to address. On April 9, 2019, the Planning Commission voted 7:0 to recommend approval of ZTA 2017-11. The Commission also discussed a number of substantive zoning text amendments to be addressed at a later date. These are found beginning on page 23 of the minutes (Attachment F). DISCUSSION: The following categories of changes are included in this amendment: • Consistency – non-substantive formatting, capitalization, and ordering changes; • Consolidation – moving terms and definitions throughout Chapter 18 into Section 3; • Removing Terms – removal of outdated or unused terms in the Zoning Ordinance; • Clarification – definition or term changes intended to clarify standing practice of Ordinance interpretations; • New Terms – addition of terms used in the Zoning Ordinance but not currently defined; • Replacing Terms – replacing outdated or confusing terms with modern, consistent terms; and • Other Changes – combining two terms for consistency and clarity or codifying long-standing current practice. The terms and definitions being consolidated are pulled from the definitions sections of the sign regulations, noise regulations, outdoor lighting regulations, rural preservation development regulations, flood hazard overlay district regulations, and airport impact area overlay district regulations, as shown on Attachment B. These consolidations include no substantive changes to the terms or definitions. Minor changes relating to removing previously repealed terms, and changes relating to sentence structure, definition clarity, or word order are listed in Attachment C. All other changes, including term replacement and adding new terms that are used in the Zoning Ordinance but not currently defined, are listed and annotated in Attachment D. Additionally, the text amendment includes updated Rules of Construction, modeled after similar sections in the Subdivision Ordinance and the Water Protection Ordinance. BUDGET IMPACTS: No additional staff or funding will result from these amendments. RECOMMENDATION: Staff recommends the Board adopt the attached proposed ordinance (Attachment G). ATTACHMENTS: A. Resolution of Intent for rules of construction and definitions ZTA adopted April 5, 2017 B. Sources of Consolidated Terms C. Definitions Minor Changes D. Summarized Changes of Terms and Definitions E. Planning Commission Public Hearing Staff Report, April 9, 2019 F. Planning Commission Public Hearing DRAFT Minutes, April 9, 2019 G. Proposed Ordinance Sources of Consolidated Terms for ZTA 2017-11 Attachment B Access road Pennant "A" weighted sound Address sign Projecting sign Acoustic calibrator Advertising vehicle Public sign Agricultural activity Agricultural product sign Rare gas illumination Ambient sound Animated sign Real estate sign Daytime Auction sign Roof sign Decibel Awning Sandwich board sign Emergency operation Awning sign Sign Equivalent sound level Banner Sign area Impulse sound Billboard Sign face Nighttime Bonus tenant panel Sign structure Noise Bundle sign Subdivision sign Person Canopy Temporary sign Place of public entertainment Canopy sign Visible Property line Commercial speech Wall sign Public facility Construction sign Warning sign Receiving zone Copy Window sign Sound level meter Cornice line Source sound level Directional sign Total sound level Electric message sign Erect Establishment Fascia Flag (consolidates "Flag," "Flag, commercial," and "Flag, noncommercial") Flashing sign Freestanding sign Governmental speech Home occupation sign Illuminated sign Maintain Marquee Marquee sign Menu sign Moving sign Nonconforming sign Noncommercial speech Off-site directional sign Off-site sign On-site directional sign On-site sign Opaque background Section 4 - General Regulations Noise regulations County Code §18-4.18.3County Code §18-4.15.3 Sign regulations 1 Sources of Consolidated Terms for ZTA 2017-11 Attachment B Full cutoff luminaire Development lot High intensity discharge lamp Rural preservation development Lamp Rural preservation tract Lumen Luminaire Outdoor luminaire Accessory structure Letter of Map Amendment (LOMA) Base flood Letter of Map Revision (LOMR) Base flood elevation Letter of Map Revision Based on Fill (LOMR-F) Basement Lowest floor Conditional Letter of Map Revision (CLOMR)Manufactured home Development Manufactured home park or subdivision Elevated building New construction Encroachment Post-FIRM structures Existing manufactured home park or subdivision Pre-FIRM structures Existing structure Recreational vehicle Flood or flooding Regulatory floodway Flood Insurance Rate Map (FIRM)Repetitive loss structure Flood Insurance Study (FIS)Shallow flooding area Floodplain Special flood hazard area Flood proofing Start of construction Floodplain impact plan Structure Floodway fringe Substantial damage Freeboard Substantial improvement Freeboard elevation Water-dependent facility Habitable space Watercourse Highest adjacent grade Zone A Historic structure Zone AE or A1-30 Hydrologic and hydraulic analyses Zone AH Letter of Map Change (LOMC)Zone AO AIA noise impact area Airport protection area Primary surface Safety area Runway protection zone Airport Impact Area Overlay District County Code §18-30.2.3 Flood Hazard Overlay District - FH County Code §18-30.3.5 County Code §18-10.3.3.1 Section 30 - Overlay Districts County Code §18-4.17.3 Section 4 - General Regulations Section 10 - Rural Areas District Rural preservation developmentOutdoor lighting regulations 2 Terms with Minor Changes Only (sentence structure/clarity/word order) Attachment C Agritourism Location sign Application plan Main building Area of Sign Major home occupation Auction Sign Managed slopes Automobile Graveyard Mansard roof Boarding camp Medical Center Business Sign Medical laboratory Cellar Minor Home Occupation Central Sewerage System Multiple-Family Dwelling Central Water Supply Net floor area Children's residential facility Net residential area Class A Home Occupation Net residential density Class B Home Occupation Non-historic Country Store Building Code, The Outdoor drama theatre Commercial Kennel Permanent sawmill Commercial Stable Pharmaceutical Laboratory Corner Lot Preserved slopes Couny-wide Certificate of Appropriateness Private garage Critical Slopes Professional Office Cul-de-sac Public garage Day Camp Rear yard District Road Dormitory Sale or rental sign Exempt collocation School of Special Instruction Exempt replacement Side yard Exploratory drilling Sign area Fake mansard roof Sign face Front yard Single-Family Dwelling General development plan Steep slopes General Outdoor Advertising sign Temporary directional sign Graveyard Temporary event sign Gross floor area Temporary sawmill Gross residential area Temporary sign Gross residential density This chapter Half story Two-Family Dwelling History Country Store Building Virginia Code Home for Developmentally Disabled Persons Warning sign Hunting, fishing, or trespassing sign Water or sewer connection Identification sign Wayside Stand, Roadside Stand, Wayside Market Independent offices Width of lot Inoperable motor vehicle Zoning Administrator Interior lot Term Definition Changes Summarized for ZTA 2017-11 Attachment D Term Changes Summary Abattoir See Slaughterhouse, custom. Removed unregulated term Accessory merchandise “Accessory merchandise” means Nnon-agricultural merchandise that is subordinate and customarily incidental to the agricultural products sold at a farm sales use or a farmers’ market such as pottery, baskets, canning jars, pumpkin carving kits, wreath making supplies, floral arranging supplies, garden accessories, hand tools for gardening and handmade crafts. For the purposes of this definition, farm machinery and equipment (except hand tools), building materials, furniture, and other similar items are not subordinate merchandise. Elimination of extra clauses Accessory use, building, or structure “Accessory use,” “building” or “structure” means aA subordinate use, building or structure customarily incidental to and located upon the same lot occupied by the primary use, building, or structure, and located upon land zoned to allow the primary use, building or structure; provided that a subordinate use, building or structure customarily incidental to a primary farm use, building or structure need not be located upon the same lot occupied by the primary farm use, building, or structure. For the purposes of County Code § 18-1.7(c)(2), any street may serve any use or structure authorized by this chapter, regardless of whether the use or structure is on the same lot or in the same zoning district as the street. Consolidation and clarification of streets as accessory use Aircraft, Light Aircraft not exceeding twenty-five thousand (25,000) pounds in gross weight. Removed unregulated term Amenity An area of activity designed principally for, and accessible to, persons residing or working within a development. Areas of activity may be either indoors or outdoors, including but not limited to swimming pools and tennis, volleyball and basketball courts.An outdoor area of activity may be a passive or an active area, including but not limited to playgrounds, pedestrian paths through natural areas, courtyards, and paved pedestrian areas for gathering. An indoor area of activity includes, but is not limited to gyms, weight rooms, indoor swimming pools, indoor basketball courts, and other indoor recreational areas. Amenities may be located in required green space and be included in both required green space and amenity calculations. Elimination of extra clauses Apartment House “Apartment house” means a multiple-family dwelling.Remove redundant term Automated Teller Machine The term “automated teller machine (ATM)” means aA machine that acts as a teller for standard banking transactions such as cash withdrawals, deposits, and checking account balances, regardless of where it is located. Common term with no difffering interpretations note: ommitted terms previously repealed and terms with only minor sentence structure/clarity changes, e.g. "Camp, boarding" to "Boarding camp"1 Definition Changes Summarized for ZTA 2017-11 Attachment D Automobile Graveyard See Junkyard. Removed unregulated term Boat livery “Boat livery” means a commercial service providing boat hauling launching, and/or rental of boats, and other small watercraft, including but not limited to canoes, kayaks, and stand-up paddleboards. Modern usage of term, clarification Caregiver “Caregiver” means, for the purposes of temporary family health care structure regulations, an adult who provides care for a mentally or physically impaired person within the Commonwealth who is either related by blood, marriage, or adoption to or the legally appointed guardian of the mentally or physically impaired person for whom care is given. Clarification in keeping with enabling VA Code § 5.2- 2292.1 Child day center “Child day center” means an establishment operated for the purpose of providing care, protection and guidance to two or more children under the age of thirteen in a facility that is not the residence of the provider or any of the children in care during the absence of a parent or guardian for less than a 24-hour period. “Child day center” includes those establishments commonly known as preschools and nursery schools. The term “day child day center” does not include: (1) an establishment licensed and regulated as a summer camp pursuant to Virginia Code § 35.1-1 et seq .; (2) a school extended day enrichment program; (3) a school, unless such school is operating a day child day center outside of regular classes; and (4) a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services. The uses previously identified in this chapter as “day care,” “child care centers, “nurseries” (for children) and “nursery facilities” are day child day centers. Clarification of term and update in keeping with VA Code terms Children's residential facility “Children’s residential facility” means a publicly or privately operated facility licensed by the Virginia Department of Social Services where 24-hour per day care is provided to children separated from their legal guardians. The use previously defined in this chapter as an “orphanage” is a children’s residential facility. Clarification Common Open Space “Common open space” means an open tract or parcel of land not devoted to residential uses or structures but directly related and adjunct to a cluster development or planned development, as herein provided, and owned and/or controlled or both by the residents of such development.land within or directly adjunct to a development, not individually owned, that is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate. See Also "Open Space". Clarification per site plan review planners note: ommitted terms previously repealed and terms with only minor sentence structure/clarity changes, e.g. "Camp, boarding" to "Boarding camp"2 Definition Changes Summarized for ZTA 2017-11 Attachment D Congregate care facility A residential facility for persons who are elderly or of impaired functional ability. Such facilities are characterized by a variety of elements that include common dining, social and recreational features, special safety and convenience features designed for the needs of the elderly, such as emergency call systems, grab bars and handrails, special door hardware, cabinets, appliances, passageways, and doors designed to accommodate wheelchairs. A congregate care facility must provide on an appropriate, regular basis at least two of the following to qualify for the congregate care parking standard: meal services, transportation, housekeeping or organized social activities. Removed unregulated term. Use is now defined as either a skilled nursing facility or an assisted living facility Convent “Convent” means an association or community of recluses devoted to a religious life under a superior; a body of monks, friars, or nuns, constituting one local community a long-term housing facility for bona fide members of a religious order, not intended to serve primarily as a temporary religious retreat. The term “convent” also includes Includes also "Monastery." Elimination of extra clauses Crematorium “Crematorium” means a location containing a properly installed, certified apparatus intended for use in the act of cremation. Added regulated but undefined term Duplex “Duplex” means aA two-family dwelling or a series of attached single-family dwellings containing two (2) dwelling units.Duplicative term Eating establishment See Restaurant.Regulated as "restaurant" Fast food restaurant See Restaurant.Regulated as "restaurant" Group home “Group home” means, for the purposes of this Chapter ,A a residential facility in which no more than eight individuals with mental illness,intellectual disability,or developmental disabilities reside with one or more resident or nonresident staff persons and which is licensed by the Virginia Department of Behavioral Health and Developmental Services or other licensing authority.For purposes of this definition “mental illness or developmental disability”shall not include current illegal use of or addiction to a controlled substance as defined in Virginia Code §54.1-3401,but shall include aged or infirm persons. Clarification in keeping with enabling VA Code §15.2- 2291 Indoor athletic facility “Indoor athletic facility”means aA building or structure in which recreational, therapeutic, or athletic activities are conducted recreational, therapeutic or athletic activities,whether or not under instruction, such as but not limited to: tennis and other court games racquet sports, court games such as basketball or pickleball, swimming, aerobics, and weightlifting but excluding such uses as: bowling alley, billiard hall, bingo, miniature golf, amusement center and dance halls. Clarification note: ommitted terms previously repealed and terms with only minor sentence structure/clarity changes, e.g. "Camp, boarding" to "Boarding camp"3 Definition Changes Summarized for ZTA 2017-11 Attachment D Lodge “Lodge”means a membership organization that holds regular meetings and that may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol, or engage professional entertainment for the enjoyment of dues paying members and their guests. There are no sleeping facilities. This definition shall not include fraternities or sororities. Added regulated but undefined term Mentally or physically impaired person “Mentally impaired person” or “physically impaired person” means, for the purposes of temporary family health care structure regulations, a person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined in Virginia Code § 63.2-2200, as certified in a writing provided by a physician licensed by the Commonwealth. Clarification in keeping with enabling VA Code § 5.2- 2292.1 Nearby lot “Nearby lot” means, for the purposes of calculating shared parking, a lot within one- quarter (1/4)mile of the lot with which parking will be shared.Within the Downtown Crozet District (DCD),the term “nearby lot”means a lot within the DCD or a lot within one‐quarter(1/4)mileof the lot with which parking will be shared. Added regulated but undefined term Office “Office” means aA room or group of rooms used for conducting the affairs of a business, profession, medical or dental practice service industry, or government. The uses previously identified in this chapter as “administrative office” and “professional office” are offices Clarification of existing practice Overlay district “Overlay district” means the zoning districts established in County Code § 18-30. Added regulated but undefined term Patio House, Atrium House A single-family dwelling having an open, landscaped courtyard partially or completely surrounded by living areas, which courtyard provides the main source of light and air for such dwelling . Remove redundant term Permanent sign The term “permanent sign” means a sign that is permanently installed in the ground or permanently affixed to a structure that is permanently installed in the ground that is intended to be displayed indefinitely and authorized in sections 4.15.5 and 4.15.7, if applicable, or, if the permanent sign is not required to obtain a sign permit under section 4.15.5, as provided in sections 4.15.0, 4.15.10, and 4.15.11. All signs are assumed permanent unless they are specifically temporary Political sign p"Political sign” means a sign that pertains to the candidacy of one or more persons for an elective office, or pertains to one or more issues to be voted upon, in an upcoming election. Added regulated but undefined term Portable sign “pPortable sign” means a temporary sign that is not permanently affixed to the ground or to a permanent structure, or a sign that can be moved to another location including, but not limited to, a sign with attached wheels, or a sign consisting of A- shaped or T-shaped frames. See Figure I following County Code § 18-4.15.3. Added regulated but undefined term note: ommitted terms previously repealed and terms with only minor sentence structure/clarity changes, e.g. "Camp, boarding" to "Boarding camp"4 Definition Changes Summarized for ZTA 2017-11 Attachment D Public uses “Public uses”means pPublic uses, buildings and structures including, but not limited to, schools, offices, parks, playgrounds and roads funded, owned,or operated, or receiving a majority of the use’s operating budget from by local, state or federal agencies and including temporary or mobile facilities for these purposes; public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and similar facilities owned and/or operated by the Rivanna Water and Sewer Authority (reference County Code § 18- 5.1.12). Clarification of existing practice Recreational vehicle “Recreational vehicle”means a vehicular type camping unit,not exceeding 400 square feet in area,certified by the manufacturer as complying with ANSI A119.2 or A119.5,and designed primarily as temporary living quarters for recreation that has either its own motive power or is mounted on or towed by another vehicle.Camping trailers,fifth wheel trailers,motor homes,park trailers,travel trailers,and truck campers are types of recreational vehicles.For floodplain management purposes, the term “recreational vehicle” means a vehicle which is: (i) built on a single chassis; (ii) four hundred (400) square feet or less when measured at the largest horizontal projection; (iii) designed to be self-propelled or permanently towable by a light duty vehicle;and (iv)designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. The use previously defined in this chapter as a "travel trailer" is a recreational vehicle. Modern term and usage, clarification, replaces "travel trailer" Rendering plant “Rendering plant” means a facility which processes animal by-product materials for the production of tallow, grease, biodiesel, high-protein meat and bone meal, and other products Added regulated but undefined term Self-service storage facility “Self service storage facility” means a building or group of buildings consisting of individual, self-contained units self-service storage of personal property, not intended for use by heavy commercial users and not involving frequent heavy trucking. The use previously identified in this chapter as "light warehousing" is a self-service storage facility. Replaces and clarifies "light warehousing" Service industry A business where multiple employees perform their work primarily through telephones and computers, in large communal areas or in small cubicles, rather than in individual offices. (Added 2-5-03) Not regulated separately from "Office" Slaugherhouse “Slaughterhouse” means a facility for the slaughtering and processing of animals. Added regulated but undefined term Slaughterhouse, custom An establishment for the slaughter of livestock from which no meat or other product of the slaughter is sold other than materials generally considered inedible for humans generated as waste or by-products of the slaughter including, but not limited to, blood, bones, viscera, and hides that may be sold for purposes of removal from the site. The use identified in this chapter as “abattoir” is a custom slaughterhouse. (Amended 10-3-01) Remove redundant term note: ommitted terms previously repealed and terms with only minor sentence structure/clarity changes, e.g. "Camp, boarding" to "Boarding camp"5 Definition Changes Summarized for ZTA 2017-11 Attachment D Speciment tree A tree in a mature form that approaches the optimum form and density characteristics for the particular species and variety. (Added 3-19-03) Remove redundant term Stormwater management facility “Stormwater management facility” means the system, or combination of systems, designed to treat stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of stormwater on, through, and from a site. Stormwater management facilities may include storm sewers, retention or detention basins, drainage channels, drainage swales, inlet or outlet structures, or other similar facilities. Added regulated but undefined term Street “Street” means aA public or private thoroughfare which affords vehicular access to abutting property. The term “road” as used in this Chapter means a street. Clarification of existing practice Use buffer “Use buffer” means an unimproved 20 foot to 30 foot area that separates Rural Areas or residentially zoned properties from commercial or industrial uses, or both, and includes screening pursuant to County Code § 18-32.7.9. Added regulated but undefined term, clarified use previously referred to as "undisturbed buffer zone" note: ommitted terms previously repealed and terms with only minor sentence structure/clarity changes, e.g. "Camp, boarding" to "Boarding camp"6