HomeMy WebLinkAboutLOD202000002 Letter of Determination 2020-01-10COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
January 10, 2020
Justin Shimp
912 East High Street
Charlottesville, VA 22902
Fax (434) 972-4126
RE: LOD201900020 — Section 30.3.11 Permitted and Prohibited Uses and Structures;
Stream Crossing and Grading Activities
Dear Mr. Shimp:
This letter is in response to your request for an Official Letter of Determination regarding the
following two (2) questions as they relate to Chapter 18, Section 30.3.11 of the Albemarle
County Zoning Ordinance.
Stream Crossings and Grading Activities*
Regulatory
Floodway
Floodway
Fringe
Stream crossings for a driveway serving only one single-family dwelling and
BR
BR
pedestrian trails, including, but not limited to, pedestrian and multi -use paths that
are within county -owned or operated parks and greenways, and any footbridges
necessary to cross tributary streams, watercourses and swales, that: (i) meet
the applicable requirements of sections 17-406 and 17-604; (ii) demonstrate, in
a floodplain impact plan, to the floodplain administrator's satisfaction, that
construction of the crossing will have no impact on the elevations or limits of the
floodplain; and (iii) will serve one dwelling unit that could not be accessed by any
other means.
1) Are the uses and structures listed in the above referenced regulation separate types of
stream crossings?
2) Are the pedestrian trails referenced above a by -right use in the regulatory floodway and
floodway fringe on lands not within county -owned parks and greenways?
In accordance with the above regulation as outlined in Section 30.3.11 of the Zoning Ordinance,
the answers to your questions are listed below:
Question 1: The uses and structures listed in the above referenced regulation are separate
types of stream crossings.
January 10, 2019
LOD201900020
Page 2
Question 2: Even if not within county -owned parks or greenways, the pedestrian trails
referenced above are a by -right use in the regulatory floodway and floodway fringe provided that
they (i) meet the applicable requirements of sections 17-406 and 17-604; (ii) demonstrate, in a
floodplain impact plan, to the floodplain administrator's satisfaction, that construction of the
crossing will have no impact on the elevations or limits of the floodplain; and (iii) will serve one
dwelling unit that could not be accessed by any other means.
Additionally, recreational uses as outlined in Section 30.3.11 of the Zoning Ordinance, such as
hiking areas, are permitted by -right on lands located within the regulatory floodway and
floodway fringe. However, no primary or accessory structures (such as bridges) are permitted
under this classification.
Any of the above referenced uses or activities shall comply with the Albemarle County Code
Chapter 17, 18 and all other applicable regulations.
If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of
this notice, in accordance with Virginia Code § 15.2-2311. If you do not file a timely appeal, this
determination shall be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and
the Board of Zoning Appeals, in accordance with Albemarle County Code § 18-34.3, along with
a fee of $258. Additionally, a separate fee is required for the cost of providing notice and
advertising of the appeal for a public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville, Virginia
22902 or online at www.albemarle.org/cdapps. This form applies to the appeal of a decision of
the zoning administrator or any other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are located in
Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed online at
www.albemarle.org/countycodebza.
(Please note that our online documents are in Adobe Acrobat PDF format and must be viewed
with the Adobe Acrobat Reader or an equivalent. A link to download the free plug-in is available
at the bottom of www.albemarle.orq/cdapps.)
Please contact me if you have questions or require additional information.
Sincerely,
Bart J. Svoboda
Zoning Administrator
County of Albemarle, Virginia