The URL can be used to link to this page

Home My WebLink AboutZTA201200005 Resolution - Board of Supervisors Zoning Text Amendment 2012-06-06ORDINANCE NO. 12-18(3) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE 1, GENERAL PROVISIONS, ARTICLE 11, 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 Regulations, Article It, Basic Regulations, and Article III, District Regulations, are hereby amended and reordained as follows: By Amending: See.3.1 Definitions Sec. 4.12.6 Minimum number of required parking spaces for scheduled uses Sec. 5.1.17 Tourist lodging Sec. 10.2.1 By right By Adding: Sec. 5.1.48 Bed and breakfast Chapter 18. Zoning Article I. General Provisions See.3.1 Definitions Bed and Breakfast: A use composed of transient lodging provided within a single family dwelling and/or one or more structures that are accessory to the single family dwelling, having not more than five (5) guest rooms in the aggregate, and which also may include rooms for dining and for meetings for use by transient lodging guests of the bed and breakfast provided that the dining and meeting rooms are accessory to the bed and breakfast use. Boarding House: A use composed of a building arranged or used for lodging for thirty (30) consecutive days or longer, with or without meals, for compensation. Hotel: A use composed of transient lodging provided within one or more buildings having six (6) or more guest rooms that provides transient lodging. Tourist Lodging: A use composed of transient lodging provided within a single family dwelling having not more than five (5) guest rooms, where the single family dwelling is actually used as such and the guest rooms are secondary to the single-family use, whether or not the guest rooms are used in conjunction with other portions of the dwelling. Transient Lodging: Lodging in which guest rooms are occupied for less than thirty (30) consecutive days. (§ 20-3.1, 12-10-80, 7-1-81, 12-16-81, 2-10-82, 6-2-82, 1-1-83, 7-6-83, 11-7-84, 7-17-85, 3-5-86, 1-1-87, 6-10- 87, 12-2-87, 7-20-88, 12-7-88, 11-1-89, 6-10-92, 7-8-92, 9-15-93, 8-10-94, 10-11-95, 11-15-95, 10-9-96, 12-10- 97; § 18-3.1, Ord. 98-A(1), 8-5-98; Ord. 01-18(6), 10-3-01; Ord. 01-18(9), 10-17-01; Ord. 02-18(2), 2-6-02; Ord. 02-18(5), 7-3-02; Ord. 02-18(7), 10-9-02; Ord. 03-18(1), 2-5-03; Ord. 03-18(2), 3-19-03; Ord. 04-18(2), 10-13- 04; 05-18(2), 2-2-05; Ord. 05-18(7), 6-8-05; Ord. 05-18(8), 7-13-05; Ord. 06-18(2), 12-13-06; Ord. 07-18(1), 7- 11-07; Ord. 07-18(2), 10-3-07; Ord. 08-18(3), 6-11-08; Ord. 08-18(4), 6-11-08; Ord. 08-18(6), 11-12-08; Ord. 08- 18(7), 11-12-08; Ord. 09-18(3), 7-1-09; Ord. 09-18(5), 7-1-09; 09-18(8), 8-5-09; Ord. 09-18(9), 10-14-09; Ord. 09-18(10), 12-2-09; Ord. 09-18(11), 12-10-09; Ord. 10-18(3), 5-5-10; Ord. 10-18(4), 5-5-10; Ord. 10-18(5), 5-12- 10; Ord. 11-18(1), 1-12-11; Ord. 11-18(5), 6-1-11; Ord. 11-18(6), 6-1-11; Ord. 12-18(3), 6-6-12) Article II. Basic Regulations Sec. 4.12.6 Minimum number of required parking spaces for scheduled uses Except when alternative parking is approved as provided in section 4.12.8, the following schedule shall apply to determine the number of required off-street parking spaces to be provided in a particular situation. If a particular use is not scheduled, then section 4.12.7 shall apply. Bed and breakfast: One (1) space per guest room in addition to the parking required for a single family dwelling. Hotel, motel: One (1) space per guest room; additional spaces shall be required for restaurants, assembly rooms, and other separate uses identified herein. (Amended 2-5-03) Tourist lodging: One (1) space per guest room in addition to the parking required for a single family dwelling. (Amended 2-5-03) (§ 4.12.6.6.2, 12-10-80; 3-18-81; 7-20-88; 12-5-90; 2-6-02; Ord. 03-18(1), 2-5-03; Ord. 05-18(8), 7-13-05; Ord. 12-18(3), 6-6-12) Sec. 5.1.17 Tourist lodging Before the zoning administrator approves a zoning clearance for a tourist lodging use under section 31.5, the owner of the parcel shall obtain approvals of the use from the building official, the fire official and the Virginia Department of Health, and shall satisfy all other applicable requirements of this chapter. (Amended 10-3-01) (§ 5.1.17, 12-10-80; Ord. 01-18(6), 10-3-01; Ord. 12-18(3), 6-6-12) Sec. 5.1.48 Bed and breakfast Each bed and breakfast shall be subject to the following: a. Residency. The owner of the parcel or a manager of the bed and breakfast shall reside on the parcel. b. Number of bed and breakfast uses. Any parcel may have up to two (2) bed and breakfast uses. C. Required development rights, density and limitation, Each single family dwelling to which a bed and breakfast use is accessory shall comply with the following: (i) on any parcel less than twenty-one (2 1) acres in size, the single family dwelling shall be authorized by a development right as provided in section 10.3; (ii) on any parcel, regardless of size, the single family dwelling shall comply with the permitted density; and (iii) no single family dwelling shall have more than one bed and breakfast use accessory to it. d. Minimum yards. Any accessory structure used for a bed and breakfast use shall comply either with the applicable minimum yard requirements for a primary structure or a lesser yard approved by the zoning administrator that is not less than the minimum yard required for an accessory structure that would otherwise be applicable, if the zoning administrator finds that: (i) the distance between the accessory structure and the closest primary structure on the closest abutting parcel is greater than the applicable minimum yard requirement for a primary structure; and (ii) written consent has been provided by the 2 owner of the abutting lot consenting to the alternative minimum yard. The minimum yard for any parking area shall be twenty-five (25) feet. e. Parking. In addition to the parking required for a single family dwelling, the number of off-street parking spaces required by section 4.12.6 shall be provided. f. Information and sketch plan to be submitted with request for zoning clearance. The owner of the parcel or a manager of the bed and breakfast shall submit the following to the zoning administrator with each request for a zoning clearance under section 31.5: 1. Information. Information pertaining to the following: (i) the proposed use; (ii) the maximum number of guest rooms; (iii) the provision of on -site parking; and (iv) the location, height and lumens of outdoor lighting. 2. Sketch plan. A sketch plan, which shall be a schematic drawing of the premises with notes in a form and of a scale approved by the zoning administrator depicting: (i) all structures that would be used for the bed and breakfast; (ii) the locations of all guest rooms; and (iii) how access, on - site parking, outdoor lighting, signage and minimum yards will be provided in compliance with this chapter. g. Building code, fire and health approvals. Before the zoning administrator approves a zoning clearance under section 31.5, the owner of the parcel or a manager of the bed and breakfast shall obtain approval of the use from the building official, the fire official, and the Virginia Department of Health. h. Uses prohibited. Restaurants are prohibited as a use accessory to a bed and breakfast use. (Ord. 12-18(3), 6-6-12) Article III. District Regulations Sec. 10.2.1 By right The following uses shall be permitted by right in the RA district, subject to the applicable requirements of this chapter: 14. Bed and breakfast (reference 5.1.48). (§ 20-10.2.1, 12-10-80; 12-16-81; 7-6-83; 11-1-89; 11-8-89; 11-11-92; 5-12-93; Ord. 95-20(5), 11-15-95; Ord. 98-A(1), § 18-10.2.1, 8-5-98; Ord. 02-18(6), 10-9-02; Ord 04-18(2), 10-13-04; Ord. 06-18(2), 12-13-06; Ord. 08- 18(7), 11-12-08; Ord. 09-18(11), 12-10-09; Ord. 10-18(3), 5-5-10; Ord. 10-18(4), 5-5-10; Ord. 11-18(1), 1-12-11; Ord. 12-18(3 ), 6-6-12) I, Ella W. Jordan, 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 six to zero, as recorded below, at a regular meeting held on June 6, 2012. Clerk, Board o C >unty Supervisors Aye Nay Mr. Boyd Y Mr. Dumler Y Ms. Mallek Y Mr. Rooker Y Mr. Snow Y Mr. Thomas Y RECENED "COMMUNIPY DEVE-LORPIENT