HomeMy WebLinkAboutLOD202000001 Letter of Determination 2020-02-14AL
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
February 14, 2020
RE: LOD2020-00001 - ADVISORY DETERMINATION OF USE — Accessory uses —
Community activities at Religious Assembly Uses
Many different uses may be considered accessory to the primary use, building, or
structure within Albemarle County. Chapter 18 of the Albemarle County Code (the
Zoning Ordinance) does not list each accessory use separately, and it is not required to
list each accessory use separately. When there is a question of whether a use is
considered primary or accessory to a primary use, the zoning administrator must make
a determination.
In accordance with Section 31.1 a(2) of the Zoning Ordinance, the following advisory
determination for how community activities at a religious assembly use in Albemarle
County are permitted will be confirmed in writing.
Analysis
Each zoning district, which includes residential, commercial, industrial, and planned
districts, has a list of uses permitted by right and by special use permit. In all
residential, industrial, and planned districts, and by interpretation of the uses within the
commercial districts, accessory uses are a by -right use. An accessory use is defined in
Section 3 of the Zoning Ordinance as follows;
Accessory use, building or structure: A 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.
Religious assembly use and Community activities
A religious assembly use is a by -right use in the following zoning districts;
• commercial districts — C1, CO, and HC
• planned districts — PUD-C, PUD-SC, PD-SC, PD-MC, and DCD
• rural areas district — RA, where the use serves 200 or fewer people
and requires a special use permit in the following zoning districts;
• residential districts — VR, R1, R2, R4, R6, R10, and R15
• planned districts — PRD, PUD-R, and PD-IP
• industrial districts — LI, and HI
• rural areas district — RA, where the use serves more than 200 people
February 14, 2020
LOD202000001
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The Zoning Ordinance does not list community activities at religious assembly uses as
either a primary or accessory use.
Many religious assembly use buildings are used for community purposes as well as for
regular worship. A religious assembly use may allow community activities, both religious
and non -religious, to occur on their property or within their building; these include but
are not limited to community meetings, scout meetings, home school meetings, support
groups (i.e., addiction, grief), and exercise classes. These accessory uses must occur
on the same lot and must be considered subordinate to the primary use.
For non -religious group meetings, to be considered subordinate and customarily
incidental to the primary religious assembly use, meetings for any one group may not
occur more than three times a week. Weddings and wedding receptions, while not
community activities, are accessory uses to religious assembly uses. Private schools
and daycares are separate primary uses that require special use permits.
With this advisory determination, I am confirming, in writing, that community activities
including but not limited to the activities noted above are an accessory use to a
primary religious assembly use, building or structure, and permitted by right
where the religious assembly use is permitted. A Zoning Text Amendment is not
needed to allow community activities at permitted religious assembly uses.
Francis H. MacCall
Principal Planner
Cc: Bart J Svoboda, Zoning Administrator
Andy Herrick, Deputy County Attorney