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ACTIONS
Board of Supervisors Meeting of June 11, 2008
June 12, 2008
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 3:31 p.m., in
Room 241, by the Chairman, Mr. Boyd. All BOS
members were present. Also present were Bob
Tucker, Larry Davis, Ella Jordan and Meagan
Hoy.
2. Discussion and Action: ZTA-2007-005. Downtown
Crozet District (DCD).
• ADOPTED ZTA-2007-005 [Ordinance #08-
18(3)], by a vote of 6:0.
Clerk: Forward copy of adopted ordinance to
County Attorney’s office and Community
Development. (Attachment 1)
3. Discussion and Action: ZMA-2008-002. Downtown
Crozet District (DCD).
• APPROVED ZMA-2008-002, by a vote of 6:0, as
reflected in Resolution and shown on the
boundary map dated June 2008.
• Requested a report back to the Board in Spring
2009 on how the assessments have changed
once the Real Estate Department recognizes
new zoning.
Clerk: Forward copy of adopted resolution to
County Attorney’s office and Community
Development. (Attachment 2)
Bruce Woodzell: Provide information.
4. Work Session: Policy Regarding Board Minutes.
• MOVED, 5:1((Boyd), that the Board reaffirm its
commitment to near-verbatim minutes, and in an
effort to get caught up with the eight month
backlog and to insure moving forward in
producing the minutes in a two-month timely
basis, the Board agree in principle to increase the
Clerk’s budget by as much as $35,000 from the
Board’s reserve, subject to Mr. Tucker bringing
an appropriation back to the Board.
County Executive/Clerk: Move forward as
approved.
5. FY07–FY10 Strategic Plan – June 2008 Update.
• Requested staff collaborate with the Jail as part
of strategic development.
• Supported the updated Strategic Plan and the
addition of the proposed public safety strategic
objective as recommended by staff.
Lori Allshouse: Proceed as directed.
6. Recess.
• At 5:07 p.m., the Board went into Closed Meeting
pursuant to Section 2.2-3711(A) of the Coe of
Virginia under Subsection (1) to conduct an
administrative evaluation.
7. Call to Order.
• Meeting was called back to order at 6:07 p.m., by
the Chairman, Mr. Boyd, at which time the Board
certified the Closed Meeting.
10. From the Board: Matters Not Listed on the Agenda.
Ann Mallek:
• Residents in Crozet should contact her or Donna
Shaunesey at JAUNT if they have an interest in
commuter bus service from Crozet to
Charlottesville.
• Suggested Board members speak with their
representatives on the ACSA to consider going to
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more detailed minutes of their meetings, and to
make sure the ACSA minutes are forwarded to
the Board on a regular basis.
• Asked for information on a regularly basis about
sales tax receipts as the economy goes forward.
Dennis Rooker:
• Mentioned the upcoming transportation special
session of the General Assembly whereby they
will be looking at cuts to transportation funding.
He asked for Board support in drafting a letter to
the Legislators sending an analysis of how these
bills would affect the County.
Sally Thomas:
• There was a RideShare event held in the County
Office Buildings yesterday (June 10), and it went
very well. She encouraged the public to contact
RideShare if they have a need for it.
11. From the Public: Matters not Listed on the Agenda.
• Bernard Williams asked the Board to vote in favor
of dredging the Rivanna Reservoir, and to also
look at routine maintenance of all water facilities
and resources.
• Nicholas Lang suggested enlarging the Ragged
Mountain Reservoir and regular maintenance of
the South Fork Rivanna River.
• Margareta Douglas of Rivanna Farm urged the
Board to conduct a maintenance study of the
Reservoir.
• Sam Freilich, Thomas Jones, Karen Pape and
Kevin Lynch spoke in support of dredging the
Reservoir.
12.4 Resolution Supporting A Study of the Maintenance of
the South Fork Rivanna Reservoir and Efforts to
Promote Water Conservation.
• ADOPTED, by a vote of 6:0, the attached
resolution.
Clerk: Forward resolution to Rivanna Water
and Sewer Authority and the City of
Charlottesville.
(Attachment 3)
13. PROJECT: SP-2007-056. Rivanna Plaza.
• APPROVED SP-2007-056, by a vote of 6:0,
subject to the two conditions recommended by
the Planning Commission and staff.
Clerk: Set out conditions of approval.
(Attachment 4)
14. PROJECT: SP-2008-07. Lebanon Evangelical
Presbyterian Church (Sign # 8).
• APPROVED, SP-2008-007, by a vote of 6:0,
subject to the five conditions recommended by
the Planning Commission and staff and modified
at the Board meeting.
Clerk: Set out conditions of approval.
(Attachment 4)
15. PROJECT: ZTA-2007-001. Zero Lot Lines.
• ADOPTED ZTA-2007-001, by a vote of 6:0,
amendment dated May 6, 2008.
Clerk: Set out adopted Ordinance and
forward signed copy to County Attorney’s
office and Community Development.
(Attachment 5)
16. Public Hearing: To consider an ordinance to
amend Chapter 4, Animals and Fowl, of the
Albemarle County Code.
• ADOPTED Ordinance 08-4(1), by a vote of 4:2
(Boyd, Dorrier) as modified at the Board meeting.
• Board requested a progress report in one year.
Clerk: Set out adopted Ordinance and
forward signed copy to County Attorney’s
office and Police Department. (Attachment 6)
17. From the Board: Matters Not Listed on the Agenda.
Sally Thomas:
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• Asked about consent agenda item #12.2,
(Application of Virginia Electric and Power
Company) and if this would raise individual home
owner’s electric bill. Mr. Davis responded that
staff does not provide an analysis of these type
issues. Ms. Thomas suggested asking VACo to
study it.
Ann Mallek:
• Asked for a report on the Airport and Chris Green
Lake, specifically on environmental quality and
the water quality of Chris Green. She also has
concerns/questions about the runway extension,
and would like an update on the grade when it is
available.
18. Adjourn to June 18, 2008, 12:00 noon, Room 241, for
Luncheon with School Board.
• At 9:31 p.m., the Board moved to adjourn to June
18, 2008, 12:00 noon for quarterly luncheon with
School Board.
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Attachment 1 – ZTA-2007-005 - Ordinance #08-18(3)
Attachment 2 – ZMA-2008-002 – Resolution
Attachment 3 - Resolution Supporting A Study of the Maintenance of the South Fork Rivanna Reservoir
and Efforts to Promote Water Conservation
Attachment 4 – Conditions of Approval – Planning Items
Attachment 5 – Ordinance - ZTA-2007-001. Zero Lot Lines
Attachment 6 – Ordinance 08-4(1)
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Attachment 1
ORDINANCE NO. 08-18(3)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, 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, and Article III, District Regulations, are hereby amended and
reordained as follows:
By Amending:
Sec. 3.1 Definitions
By Adding:
Sec. 20B.1 Purpose and intent
Sec. 20B.2 Permitted uses
Sec. 20B.3 Area and bulk regulations
Sec. 20B.4 Parking
Sec. 20B.5 Landscaping
Sec. 20B.6 Outdoor lighting
Sec. 20B.7 Sidewalks and street trees
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
. . .
Cultural arts center: An establishment for the presentation of art, scientific, cultural or historical materials,
music, or live theatrical or musical productions, and which may include but are not limited to museums,
noncommercial art galleries, arboreta, aquariums, botanical or zoological gardens, auditoriums, and
music conservatories.
. . .
Outdoor performance area: A place of open-air (outdoor) assembly, consisting of a central space or stage
for performances, which may be open to the sky or partially covered or enclosed.
. . .
Research and development: A facility primarily used for the administration and conduct of investigation,
examination, prototype production, experimentation, testing, and/or training aimed at the discovery and
interpretation of facts, theories, and/or the practical application of the above to products or processes.
. . .
Stepback: A building setback of a specified distance that occurs at a prescribed number of stories or feet
above the ground.
. . .
Story: That portion of a building, having more than one-half (1/2) of its height above grade, included
between the surface of any floor and the surface of the floor next above it. If there be no floor above it,
the space between the floor and the ceiling next above it.
. . .
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Article III. District Regulations
Section 20B Downtown Crozet District – DCD
Sec. 20B.1 Purpose and intent
The purpose of the Downtown Crozet District (hereinafter referred to as the “DCD”) is to establish
a district in which traditional downtown development, as described for the CT6 Urban Core and CT5
Urban Center transects in the Crozet master plan, will occur.
To these ends, the DCD provides for flexibility and variety of development for retail, service, and
civic uses with light industrial and residential uses as secondary uses. The regulations for the DCD are
intended to promote a development form and character that is different from typical suburban
development allowed by conventional zoning, and are also intended to: (i) promote the economic and
social vitality and diversity of downtown Crozet; (ii) implement the Crozet master plan for the downtown
area of Crozet so that it may serve as the commercial hub of Crozet and its environs; (iii) provide a
greater mix of uses in downtown Crozet, including increased employment; (iv) facilitate infill and
redevelopment; (v) increase the utility of the land; (vi) retain the uniquely diverse character of Crozet; and
(vii) promote a pedestrian-friendly environment.
These regulations are intended to provide maximum flexibility in establishing uses and structures
in order to implement the relevant policies of the Crozet master plan. Accordingly, although the DCD
permits uses that are commercial and light industrial in character, neither sections 21 nor 26 of this
chapter apply to the DCD.
Sec. 20B.2 Permitted uses
The following uses shall be permitted in the DCD, subject to the regulations in this section:
A. By right uses; retail and service. The following retail and service uses are permitted by
right:
1. Antique, gift, jewelry, notion and craft shops.
2. Automobile, truck repair shops excluding body shops.
3. Barber, beauty shops.
4. Clothing, apparel and shoe shops.
5. Commercial recreation establishments including, but not limited to, amusement
centers, bowling alleys, pool halls and dance halls.
6. Convalescent homes (reference 5.1.13).
7. Convenience stores.
8. Department stores.
9. Drug stores, pharmacies.
10. Factory outlet stores, clothing and fabric.
11. Farmers’ markets (reference 5.1.36).
12. Feed and seed stores (reference 5.1.22).
13. Financial institutions.
14. Fire extinguisher and security products sales and service.
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15. Florists.
16. Food and grocery stores including such specialty shops as bakery, candy, milk
dispensary and wine and cheese shops.
17. Funeral homes.
18. Furniture and home appliances sales and service.
19. Hardware stores.
20. Health spas.
21. Hotels, motels and inns.
22. Indoor athletic facilities.
23. Laboratories, medical or pharmaceutical.
24. Laundries, dry cleaners.
25. Musical instrument sales and repair.
26. New automotive parts sales.
27. Newspaper publishing.
28. Newsstands, magazines, pipe and tobacco shops.
29. Nursing homes (reference 5.1.13).
30. Office and business machines sales and service.
31. Optical goods sales and service.
32. Photographic goods sales and service.
33. Research and development activities, including experimental testing, subject to
the performance standards stated in section 4.14 of this chapter.
34. Restaurants.
35. Retail nurseries and greenhouses.
36. Service stations.
37. Sporting goods sales.
38. Tailors and seamstresses.
39. Temporary construction uses (reference 5.1.11).
40. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
41. Tourist lodging.
42. Visual and audio appliances.
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B. By right uses; office. The following office uses are permitted by right:
1. Medical centers.
2. Offices.
3. Temporary construction uses (reference 5.1.11).
C. By right uses; public and civic. The following public and civic uses are permitted by right:
1. Churches.
2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).
3. Conference centers, outdoor auditoriums, public art or kiosks.
4. Cultural arts centers.
5. Day care centers (reference 5.1.06).
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.
7. Fire and rescue squad stations (reference 5.1.09).
8 Libraries.
9. Outdoor performance areas.
10. Parking structures and stand alone parking structures (reference 4.12 and
5.1.41).
11. Private schools.
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).
13. Temporary construction uses (reference 5.1.11).
14. Theaters, live and movie, including multi-screen movie theaters.
D. By right uses; residential. The following residential uses are permitted by right, provided
that the first floor of the building in which the residential use exists is designed for and occupied only by a
use permitted by subsections 20B.2(A), (B), (C) or (E):
1. Apartments, either as a single-family dwelling or as a multiple-family dwelling.
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2. Attached single-family dwellings such as townhouses.
3. Boarding houses.
4. Condominiums.
5. Group homes (reference 5.1.07).
6. Tourist lodging within detached single-family dwellings existing on June 4, 2008.
7. Dwellings occupied by the owner or employees of a permitted commercial use,
and their families (reference 5.1.21).
E. By special use permit. The following uses are permitted by special use permit:
1. Body shops (reference 5.1.31).
2. Buildings more than fifty (50) feet or four stories in height, up to seventy (70) feet
or six (6) stories in height, provided the increased height allows the provision of a
demonstrated public benefit, such as providing affordable housing or parking.
3. Buildings one story in height.
4. Car washes.
5. Compounding of drugs, including biological products, medical and chemical as
well as pharmaceutical.
6. Detached single-family dwelling, provided that there is no other use permitted by
subsections 20B.2(A), (B), (C) or (E) on the same lot.
7. Drive-in windows.
8. Electrical power substations, transmission lines and related towers; gas or oil
transmission lines, pumping stations and appurtenances; unmanned telephone
exchange centers; micro-wave and radio-wave transmission and relay towers,
substations and appurtenances (reference 5.1.12).
9. Hospitals.
10. Manufacturing, processing, fabricating, assembling, and distributing products
including, but not limited to:
-Artists’ supplies and equipment.
-Business, office machines and equipment.
-Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap.
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-Drafting supplies and equipment.
-Electrical lighting and wiring equipment.
-Electrical and electronic equipment and components including radio, telephone,
computer, communication equipment, TV receiving sets, phonographs.
-Food products, such as bakery goods, dairy products, candy, beverages,
including bottling plants.
-Gifts, novelties including pottery, figurines and similar ceramic products.
-Glass products made of purchased glass.
-Industrial controls.
-Jewelry, silverware.
-Light machinery and machine parts, including electrical household appliances
but not including such things as clothes washers, dryers and refrigerators.
-Musical instruments.
-Paper products such as die-cut paperboard and cardboard, sanitary paper
products, bags and containers.
-Photographic equipment and supplies including processing and developing
plant.
-Rubber, metal stamps.
-Small electrical parts such as coils, condensers, transformers, crystal holders.
-Surgical, medical and dental instruments and supplies.
-Toys, sporting and athletic equipment, except firearms, ammunition or fireworks.
-Watches, clocks and similar timing devices.
-Wood cabinets and furniture, upholstery.
11. Publishing, printing, lithography and engraving, including but not limited to
newspapers, periodicals and books.
12. Preparation of printing plates including typesetting, etching and engraving.
13. Stand-alone parking (reference 4.12).
14. Storage yards.
15. Tier III personal wireless service facilities (reference 5.1.40).
16. Towing and storage of motor vehicles (reference 5.1.32).
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17. Veterinary offices and animal hospitals.
F. Accessory uses and structures. Accessory uses and structures are permitted, including but
not limited to: (i) home occupations, Class A and Class B (reference 5.2) for primary residential uses; (ii)
storage buildings for primary residential and non-residential uses; (iii) outdoor performance areas for
primary cultural arts center uses; and (iv) prototype manufacturing for research and development uses.
Sec. 20B.3 Area and bulk regulations
Area and bulk regulations within the DCD are as follows:
A. Area and bulk regulations, generally. Any buildings, structures and improvements
established on and after June 11, 2008 and to which subsection 20B.3(B) does not apply, shall be subject
to the following area and bulk regulations and subsections 20B.3(C) through (J):
Building Setbacks (See Figure 1)
Front-Minimum
Front-Maximum
Side-Minimum except from accessway or alley
Side-Minimum from accessway or alley
Side-Maximum (See Figure 2)
Rear (Minimum)
1 foot
10 feet, except up to 20 feet with administrative
modification (See subsection 20B.3(H)
0 feet
3 feet, except 1 foot within a building façade
break
20 feet, except with administrative waiver (See
subsection 20B.3(H))
0 feet
See also subsection 20B.3(C) for corner lots
Parking Setbacks
Front-Minimum-As a primary use (stand alone
parking)
Front-Minimum-As an accessory use
Side-Minimum-As a primary use (stand alone
parking)
Side-Minimum-As an accessory use
Rear (Minimum)
Same as maximum front building setback (10
feet, except up to 20 feet with modification (See
subsection 20B.3(J))
No closer to the right-of-way than any existing or
proposed primary structure on the lot. Parking
areas shall be located to the rear and/or side of
the primary structures, as viewed from the right-
of-way to which the lot abuts. On corner lots, the
parking areas shall be located to the side or rear
of the primary structure, and not between the
structure and any rights-of-way that intersect at
the corner.
0 feet
3 feet
0 feet
Stepbacks (See Figure 4)
Front-Minimum
Floors above 40 feet or the third story shall be
stepped back a minimum of 15 feet
Building façade breaks (See Figure 3)
Front-Minimum
Every 200 linear feet (See section 20B.3(E)),
except with administrative waiver (See section
20B.3(H))
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Lot size
Minimum
1500 square feet
Density
Residential-Maximum
36 dwelling units per acre
Frontage
Minimum
None
Building Height (See Figure 4)
Minimum height-by right
Minimum height-by special use permit
Maximum height –by right
Maximum height-by special use permit
30 feet or 2 stories
1 story
50 feet or 4 stories
70 feet or 6 stories
B. Area and bulk regulations, pre-existing buildings, structures and improvements.
Notwithstanding subsections 6.3(A)(1) and (3), and subsection 20B.3(A) of this chapter, any building or
structure established before, and existing on, June 11, 2008, may be extended or enlarged without
complying with the maximum front and maximum side yard setbacks and the minimum front yard setback
for parking as an accessory use.
C. Corner lots; determination of front and other sides. Notwithstanding sections 4.6.2(b) and
4.6.3 of this chapter to the extent they determine when front yard setbacks apply, for purposes of
determining setbacks the director of planning (the “director”) shall determine which side of a corner lot
abutting a street shall be the front based upon the prevailing building pattern that has developed in the
vicinity of the lot, and shall then determine which other sides will be the sides and rear of the lot.
D. Minimum standards for a building façade break. Each building façade break shall provide
either pedestrian access or motor vehicle and pedestrian access to the side and/or rear of the building on
the same lot. A building façade break providing only pedestrian access shall be a sidewalk having a
minimum width of five (5) feet. A building façade break providing both motor vehicle and pedestrian
access shall have a travelway at least twelve (12) feet in width and a sidewalk on at least one side having
a minimum width of five (5) feet. The travelway and the sidewalk shall be designed and constructed to
the applicable standards in the design standards manual. Buildings separated by a building façade break
shall have a minimum separation of the width of the pedestrian access or motor vehicle and pedestrian
access at all points above the ground. See Figure 3.
E. Building entrances. Each building abutting a street shall have a primary entrance from
either the front or side of the building. A building also may have secondary entrances on the side or rear
of the building. If the primary entrance is located on the side of a building, its doors shall face the front of
the building.
F. Stories. For the purposes of this section 20B, each story shall be visibly discernible from
the street and be composed of habitable space and/or occupiable space, as defined by the Virginia
Uniform Statewide Building Code. Visibly discernible stories shall be achieved through the use of
windows or building entries on each story, using varied building materials, special ground-floor design
treatments, or other façade elements or other architectural details. In accordance with the procedures
stated in subsection 20B.3(H), the director may waive the requirement that windows, building entries or
other façade elements be used to make each story visibly discernible if the applicant demonstrates to the
satisfaction of the director that the use of other architectural details would render the stories visibly
discernible to an equivalent degree.
G. No structures within easements within setbacks. No structures shall be established
within easements located within setbacks.
H. Modifications or waivers to change maximum setbacks or minimum building façade
break. In accordance with the procedures stated in subsection 20B.3(I), the director may modify the ten
(10) foot front building setback and authorize the front building setback to be increased to up to twenty
(20) feet, may waive the maximum side yard setback and establish a different setback, and may waive
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the minimum building façade break and establish a different minimum building façade break. The director
may grant a waiver or modification in the following circumstances: (i) to allow outdoor café seating; (ii) to
accommodate public spaces and plazas; (iii) where topography, easements, or unusual physical
conditions make compliance with the requirement impracticable; (iv) where the required sidewalk and
street trees are located on the lot instead of in a public right-of-way; (v) the strict application of the
requirement would not further the purposes of this chapter or otherwise serve the public health, safety or
welfare, and the waiver or modification would better achieve the goals of the comprehensive plan or
provide a design that better meets the purpose and intent of the DCD; or (vi) the waiver or modification
would allow the building to be consistent with the prevailing building pattern that has developed in the
vicinity of the lot.
I. Procedure for administrative modifications and waivers. Applications for modifications or
waivers (collectively, “waivers”) authorized to be reviewed and acted upon by the director or the agent
(collectively, the “director”), as applicable, pursuant to this section 20B shall be reviewed and acted upon
according to the following procedure:
1. Application. The applicant shall file a written request with the department of
community development stating why one or more of the applicable circumstances exist or criteria are
satisfied to allow the waiver to be granted.
2. Action by the director. The director shall act on the waiver request in conjunction
with the county’s action of the site plan, subdivision plat or special use permit or, if no such action is
required, within thirty (30) days of the date the application was submitted and determined to be complete.
The director may grant the waiver if he or she determines that one or more applicable circumstances exist
or criteria are satisfied. In granting a waiver, the director may impose conditions deemed necessary to
protect the public health, safety, or welfare. If review of a site plan or subdivision plat by the commission
is requested, the agent may either act on the waiver or defer action and allow the commission to act on
the waiver as part of its consideration of the plan or plat, in which case the commission shall have the
same authority as though it were considering the waiver on appeal.
3. Appeal to the commission or the board. The denial of a waiver, or the approval
of a waiver with conditions objectionable to the applicant, may be appealed from the director to the
commission and from the commission to the board, as the case may be, as an appeal of a denial of the
plat, as provided in section 14-226 of the Code, or the site plan, as provided in sections 32.4.2.7 or
32.4.3.9 of this chapter, to which the waiver pertains. If subdivision plat or site plan approval is not
required, the applicant may file a written appeal with the clerk of the board of supervisors within ten (10)
days of the date of the written action by the director or the commission. A waiver considered by the
commission in conjunction with an application for a special use permit shall be subject to review by the
board of supervisors without the filing of an appeal. In considering a waiver on appeal, the commission or
the board may grant or deny the waiver based upon its determination of whether one or more applicable
circumstances exist or criteria are satisfied, amend any condition imposed by the director or the
commission, and impose any conditions deemed necessary to protect the public health, safety, or
welfare.
J. Waiver to allow alternative location of parking area. The parking area setback
requirements in subsection 20B.3(A) may be waived as follows:
1. Consideration by commission. The commission may waive the parking area
setback requirements in subsection 20B.3(A) and allow a parking area to be located between a street and
a primary structure, subject to reasonable conditions that it may impose, upon a finding that:
a. There are unusual physical conditions on the lot or an adjoining lot
including, but not limited to, the location of existing structures and parking areas, steep topography or
other environmental features, narrowness or shallowness or the size or shape of the lot that make it
impossible or unfeasible to provide parking to the side or rear of a primary structure;
b. The potential safety of patrons and employees cannot be achieved with
adequate lighting and other reasonable design solutions; or
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c. The strict application of the applicable regulations in subsection
20B.3(A) would not further the purposes of this chapter or otherwise serve the public health, safety,
or welfare or achieve the goals established in the comprehensive plan.
2. Consideration by the board of supervisors. The board of supervisors may
consider a request under this subsection only as follows:
a. The denial of the request, or the approval of the request with conditions
objectionable to the applicant may be appealed to the board of supervisors as an appeal of the plat, as
provided in section 14-226 of the Code, or a denial of the site plan, as provided in sections 32.4.2.7 or
32.4.3.9 of this chapter, to which the waiver pertains. If subdivision plat or site plan approval is not
required, the applicant may file a written appeal with the clerk of the board of supervisors within ten (10)
days of the date of the written action by the director or the commission. A waiver considered by the
commission in conjunction with an application for a special use permit shall be subject to review by the
board of supervisors without the filing of an appeal.
b. In considering a request, the board may grant or deny the request based
upon the findings set forth in subsection 20B.3(J)(1), amend any condition imposed by the commission,
and impose any conditions it deems necessary for the reasons set forth in subsection 20B.3(J)(1).
Sec. 20B.4 Parking
The parking, stacking and loading requirements stated in section 4.12 of this chapter shall apply
in the DCD, subject also to the following:
A. No maximum number of spaces. Notwithstanding section 4.12.4(a), there shall be no
limitation on the maximum number of parking spaces that may be provided.
B. Minimum number of parking spaces. Notwithstanding sections 4.12.6 and 4.12.7, except
when shared parking is approved as provided in subsection 20B.4(C) below, the following schedule shall
apply to determine the minimum number of off-street parking spaces required to be provided:
1. Residential uses: One (1) space for each dwelling unit having one (1) bedroom;
two (2) spaces for each dwelling unit having two (2) or more bedrooms.
2. Non-residential uses: For all non-residential uses other than convalescent
homes and nursing homes, one (1) space per one thousand (1,000) square feet of net floor area. For
convalescent homes and nursing homes, one (1) space per each five (5) bedrooms plus one (1) space
per employee per shift, or as otherwise provided in a parking study submitted by the applicant and
reviewed and approved by the zoning administrator. For the purposes of this subsection, “net floor area”
shall be deemed to be: (a) eighty (80) percent of the gross floor area; or (b) at the request of the
applicant, the actual floor area as shown on floor plans submitted by the applicant, delineating the actual
net floor area, which plans shall be binding as to the maximum net floor area used.
3. Non-residential uses; bicycle parking spaces: For non-residential uses, one (1)
bicycle parking space per ten (10) automobile parking spaces required.
C. Shared parking. Notwithstanding section 4.12.10(d), the aggregate number of parking
spaces required for all uses participating in the shared parking shall not be reduced by more than
seventy-five (75) percent. Within the DCD, the term “nearby lot” as used in section 4.12.10 means a lot
within the DCD or a lot within one-quarter (1/4) mile of the lot with which parking will be shared.
D. Screening from public streets. Each parking area having more than five (5) spaces that
abuts or is visible from one or more public streets abutting the lot on which the parking area is located
shall be screened from the streets with continuous evergreen shrubs or opaque walls comprised of
materials such as, but not limited to, masonry or board, at a height not to exceed four (4) feet, or by a
combination of evergreen shrubs and opaque walls. Opaque walls shall be augmented with landscape
vegetation such as shrubbery, trees, or other vegetation approved by the agent. If evergreen shrubs are
used as the screen, the shrubs shall measure at least twenty-four (24) inches in height at the time of
14
planting, and at maturity shall be three (3) to five (5) feet in height. Evergreen shrubs shall be planted
between three (3) and five (5) feet on-center, depending upon the species selected. See Figure 5.
E. Landscaping. The requirements of subsection 32.7.9.7(a) and (b) of this chapter shall
apply only to parking areas having more than twenty-five (25) spaces. Subsection 32.7.9.7(c) of this
chapter shall not apply to parking areas within the DCD. See Figure 6.
Sec. 20B.5 Landscaping
For each development requiring approval of a site plan under section 32 of this chapter, the
landscaping requirements in the DCD shall be as follows:
A. Screening. Notwithstanding subsections 32.7.9.8(a) and 32.7.9.8(c)(1) of this chapter,
the rear of each lot shall be screened from any abutting lot containing single-family detached or attached
dwelling units, or any abutting lot in a residential or the rural areas zoning district. See Figures 7 and 8.
The required screening shall consist of vegetative screening, an opaque wall or fence, or alternative
vegetative screening, as provided below, to the reasonable satisfaction of the agent:
1. Vegetative screening. If only vegetative screening is provided, the screening
strip shall be at least twenty (20) feet in depth. Vegetative screening shall consist of a double staggered
row of evergreen trees planted fifteen (15) feet on center, or a double staggered row of evergreen shrubs
planted ten (10) feet on center.
2. Opaque wall or fence. If an opaque wall or fence is provided, it shall be a
minimum of six (6) feet in height and plantings may be required by the agent at intervals along the fence
or wall.
3. Alternative vegetative screening. The agent may approve alternative methods of
vegetative screening that better meet the intent to screen commercial uses from residential uses and
districts. In approving alternative vegetative screening, the agent shall make the approval in writing and
state the reason for approving the alternative.
B. Tree canopy. Subsection 32.7.9.9 of this chapter shall not apply within the DCD.
Sec. 20B.6 Outdoor lighting
Notwithstanding subsection 4.17.4(b)(1) of this chapter, the spillover of lighting from first-story
luminaries from non-residential uses in the DCD onto public streets and onto other non-residential uses is
permitted, provided that the Virginia Department of Transportation approves the spillover of light onto
public street rights-of-way.
Sec. 20B.7 Sidewalks and street trees
For each development requiring approval of a site plan under section 32 of this chapter,
sidewalks and
street trees in the DCD shall be provided as follows:
A. Sidewalk design. Each sidewalk proposed to be accepted for maintenance by the
Virginia Department of Transportation shall be designed and constructed according to Virginia
Department of Transportation standards or to the standards in the design standards manual, whichever is
greater. Each sidewalk proposed to be privately maintained shall be constructed using concrete,
designed so that no concentrated water flow runs over them, and otherwise satisfy the standards in the
design standards manual. Each sidewalk on Crozet Avenue, Three Notch’d Road and the street
identified in the Crozet master plan as the new Main Street shall be at least ten (10) feet wide. All other
sidewalks shall be at least eight (8) feet wide. See Figure 9.
B. Sidewalk ownership. Each sidewalk, including street trees, proposed to be accepted for
maintenance by the Virginia Department of Transportation, shall be dedicated to public use. Each
sidewalk, including street trees, proposed to be privately maintained, shall be maintained by the owner of
15
the lot on which the sidewalk and street trees exist or an owners association that is obligated to maintain
the sidewalk and street trees. The agent may require that a sidewalk proposed by the developer to be
privately maintained instead be dedicated to public use if the agent determines that the sidewalk serves a
public purpose and there is a need for the sidewalks to be publicly owned and maintained.
C. Street trees. Notwithstanding section 32.7.9.6 of this chapter, street trees shall be
planted within grates on each sidewalk or in a planting strip abutting the sidewalk, spaced at a minimum
of twenty-five (25) and a maximum of forty (40) feet on center and the distance of each tree from the edge
of the sidewalk shall be approved by the agent. Street trees shall be selected from a current list of
recommended large shade trees, subject to the approval of the agent when site conditions warrant
medium shade trees. See Figure 9.
D. Waivers from sidewalk requirements. In accordance with the procedures stated in
subsection 20B.3(I), the agent may waive the requirements for a sidewalk and/or street trees where the
developer demonstrates that: (i) the Virginia Department of Transportation prohibits establishing
sidewalks and/or planting street trees; or (ii) existing utility easements prohibit establishing sidewalks
and/or planting street trees.
Figures
Figures 1 through 9 are for illustration purposes only. If there is a conflict or inconsistency between a
regulation in section 20B to which a Figure pertains and the Figure itself, the regulation is controlling. In
addition, Figures 1 through 9 merely illustrate specific requirements and do not show all applicable
requirements of section 20B.
Figure 1: Front setbacks
16
Figure 2: Side setbacks
Figure 3: Building façade breaks
17
Figure 4: Stepbacks and building height
Figure 5: Parking areas; screening from public streets
18
Figure 6: Parking areas; landscaping
Figure 7: Screening requirements
19
Figure 8: Screening requirements
Figure 9: Sidewalks and street trees
20
Attachment 2
RESOLUTION
WHEREAS, the Crozet Master Plan describes downtown Crozet as the historical focal point for
cultural and commercial activities in Crozet and the surrounding areas; and
WHEREAS, the lands within downtown Crozet are currently within various zoning districts, and
the regulations within those districts have been identified as imposing a number of impediments to the
development and redevelopment of downtown Crozet in a manner consistent with the Crozet Master
Plan; and
WHEREAS, Zoning Text Amendment 2007-005 – Downtown Crozet District (DCD) – would
establish a new zoning district in the Crozet community that implements the Crozet Master Plan; and
WHEREAS, after several public work sessions conducted by the Planning Commission and the
Board, and with input from several committees comprised of members of the Crozet community, the
boundaries of the proposed Crozet Downtown Zoning District were identified.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Albemarle County Zoning Map is amended to change the
zoning map designation for lands shown on the attached map entitled “Crozet Downtown Zoning *
Recommended Boundary,” by Albemarle County GDS June 2008, which includes the following parcels
(identified by their County tax map and parcel number), from their current zoning designation to
Downtown Crozet District:
056A1010004600, 056A10100046A0, 056A1010004800, 056A1010004900,
56A1010005000, 056A1010005300, 056A1010005400, 056A10100054A0,
056A1010005500, 56A1010005600, 056A1010005700, 056A1010005800,
056A10100058A0, 056A1010005900, 56A1010006000, 056A10100060A0,
056A1010006200, 056A1010006300, 056A1010006400, 56A1010006500,
056A1010006800, 056A1010006900, 056A1010011900, 056A1010012000,
056A1010012200, 056A1010012300, 056A1010012400, 056A1010012500,
056A20100000A0, 56A2010000700, 056A20100007A0, 056A2010000800,
056A2010000900, 056A2010001100, 56A2010001200, 056A2010001300,
056A2010001400, 056A2010001500, 056A2010001600, 56A20100016A0,
056A2010001700, 056A2010001800, 056A2010001900, 056A20100019A0,
056A2010002000, 056A20100020A0, 056A20100020B0, 056A2010002100,
056A20100021A0, 056A2010002200, 056A2010002300, 056A20100023A0,
056A2010002400, 056A20100024B0, 056A2010002700, 056A2010002800,
056A20100028A0, 056A20100028B0, 056A20100028C0, 056A2010002900,
056A2010003000, 056A20100030A0, 056A2010003100, 056A2010003300,
056A2010003500, 056A2010003600, 056A2010003700, 056A2010007000,
056A20100071A0, 056A20100071D0, 056A20100071E0 and 056A2020A00100.
21
Attachment 3
A RESOLUTION
SUPPORTING A STUDY OF THE MAINTENANCE
OF THE SOUTH FORK RIVANNA RESERVOIR
AND EFFORTS TO PROMOTE WATER CONSERVATION
WHEREAS, the Rivanna Water & Sewer Authority, with the support of Albemarle County
and the City of Charlottesville, has received a permit from the United States Corps of Engineers
authorizing the expansion of the Ragged Mountain Reservoir for a community water supply; and
WHEREAS, the approval of a community water supply plan does not negate the
County’s concerns regarding the maintenance of the South Fork Rivanna Reservoir and the
importance of water conservation.
NOW, THEREFORE, BE IT RESOLVED that in addition to the specific elements of the
community water supply plan approved by the Rivanna Water and Sewer Authority, the City
Council and the Board of Supervisors, the Board of Supervisors hereby requests the Rivanna
Water and Sewer Authority to undertake a study of the South Fork Rivanna Reservoir and the
viability and merits of maintenance dredging, siltation prevention and any other appropriate
initiatives that could maintain and enhance the aquatic health and water quality of the South
Fork Rivanna Reservoir, as a valuable water resource for the long term future benefit of the
community. The Board hereby requests that the Albemarle County Service Authority, the
Rivanna River Basin Commission and other affected regional partners formally express their
support of this study; and
BE IT FURTHER RESOLVED that the Board of Supervisors hereby agrees to
increase its efforts to promote water conservation and efficiency by Albemarle
County water consumers, and commits to engage in an active dialogue with the
Rivanna Water and Sewer Authority, the City of Charlottesville, the Albemarle
County Service Authority, the University of Virginia and other key partners to
develop stronger incentives and more effective measures for the conservation of
water throughout the region.
22
Attachment 4
CONDITIONS OF APPROVAL
PROJECT: SP-2007-056. Rivanna Plaza.
1. Drive-in window is limited to one window; and
2. Development of the site will be in general accord with the site plan titled Special Use Permit
Application Plan for Rivanna Plaza and initialed.
__________
PROJECT: SP-2008-07. Lebanon Evangelical Presbyterian Church (Sign # 8).
1. Special Use Permit SP 2008-07 Lebanon Presbyterian Church shall be developed in general
accord with the concept application plan, provided by the applicant and received February 11,
2008 (Attachment A.) However, the Zoning Administrator may approve revisions to the concept
application plan to allow conformance with the Zoning Ordinance;
2. The color of the storage building shall be brown and the roof color shall be charcoal, as agreed by
the applicant;
3. There shall be no day care center or private school on site without prior approval of a separate
special use permit;
4. There shall not be an increase in the sanctuary without prior approval of an amendment to this
special use permit; and
5. All new outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all
abutting properties.
23
Attachment 5
ORDINANCE NO. 08-18(4)
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, of
the Code of the County of Albemarle is amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 4.11.3 Reduction of building separation and side yards
Sec. 4.11.3.1 Untitled
Sec. 4.11.3.2 Untitled
Sec. 14.3 Area and bulk regulations
Sec. 15.3 Area and bulk regulations
Sec. 16.3 Area and bulk regulations
Sec. 17.3 Area and bulk regulations
Sec. 18.3 Area and bulk regulations
By Repealing:
Sec. 4.11.3.3 Untitled
Article I. General Provisions
Sec. 3.1 Definitions
. . .
Zero lot line. The term “zero lot line” means the location of a detached dwelling unit or portion thereof on
a lot in such a manner that one of the sides of the dwelling unit rests less than the distance to the side lot
line otherwise required in the district and may rest directly on that side lot line.
Zero lot line development. The term “zero lot line development” means a subdivision reviewed and
approved by the county as a single-family detached residential or mixed use development that uses zero
lot lines, and in which a minimum separation of ten feet between detached dwelling units is maintained.
. . .
Article II. Basic Regulations
Sec. 4.11.3 Reduction of building separation and side yards (Added 1-1-83)
The minimum building separation and side yards for primary structures may be reduced in
accordance with the applicable district regulations as follows:
A. Reductions for structures not within zero lot line developments; with adequate fire flows or
which are constructed in accordance with the building code. The minimum building separation or side
yards for primary structures may be reduced if the structure is not located within a zero lot line
development, but is located in an area where available fire flows are adequate under Insurance Service
Offices standards to allow the reduction. Each primary structure for which the minimum building
separation or side yard has been reduced as provided in this subsection shall be subject to the following:
1. In the case of a side yard reduction, the Albemarle County fire official may
require a guarantee as deemed necessary to insure compliance with the provisions of this section, and
this guarantee may include, but not be limited to, appropriate deed restrictions, disclosure, and other such
24
instruments, which shall be of a substance and be in a form approved by the fire official and the county
attorney, and shall be recorded in the records of the circuit court of the county;
2. No structure shall encroach within any emergency accessway required by the
Albemarle County fire official;
3. Unless constructed to a common wall, no structure shall be located closer than
six (6) feet to any lot line; and
4. No structure shall encroach on any utility, drainage or other easement, nor on
any feature required by this chapter or other applicable law.
B. Reductions for dwelling units within zero lot line developments. The minimum building
separation or side yards for detached dwelling units may be reduced to zero (0) feet on one side for each
dwelling unit located within a zero lot line development if the structure is located in an area where
available fire flows are adequate under Insurance Service Offices standards to allow the reduction. Each
zero lot line development shall be subject to the following:
1. The subdivider shall submit with the final subdivision plat a lot development plan
showing all the lots in the zero lot line development and delineating the location of each zero lot line
dwelling unit;
2. The subdivider shall establish a perpetual wall maintenance easement on the lot
abutting the zero lot line side of the dwelling unit so that, with the exception of fences, a minimum width
of ten (10) feet between dwelling units shall be kept clear of structures in perpetuity. This easement shall
be shown on the final plat, shall be of a substance and be in a form approved by the director of
community development and the county attorney, shall be recorded in the records of the circuit court of
the county with the approved final subdivision plat, and shall be incorporated by reference in each deed
transferring title to each lot that is a dominant and servient estate; and .
3. Building footings may penetrate the easement on the adjacent lot to a maximum
distance of eight (8) inches.
Article III. District Regulations
Sec. 14.3 Area and bulk regulations
Area and bulk regulations within the R-2, Residential, district are as follows:
STANDARD LEVEL BONUS LEVEL
CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER
REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT
Gross density 2 du/acre 2 du/acre 3 du/acre 3 du/acre
Minimum Lot Size 21,780 sq ft 14,500 sq ft 14,520 sq ft. 9,700 sq ft
Minimum
frontage:
public, private 80 feet 70 feet 70 feet 65 feet
Yards, minimum:
Front 25 feet 25 feet 25 feet 25 feet
Side(a) 10 feet 10 feet 10 feet 10 feet
Rear 20 feet 20 feet 20 feet 20 feet
(a) Minimum side yards may be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimum
side yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are
approved under chapter 14.
Maximum
Structure height 35 feet 35 feet 35 feet 35 feet
Sec. 15.3 Area and bulk regulations (Amended 3-18-81)
Area and bulk regulations within the R-4, Residential, district are as follows:
STANDARD LEVEL BONUS LEVEL
25
CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER
REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT
Gross density 4 du/acre 4 du/acre 6 du/acre 6 du/acre
Minimum Lot Size (added 7-17-85)
10,890 sq ft N/A 7,260 sq ft. N/A
Yards, minimum:
Front 25 feet 25 feet 25 feet 25 feet
Side(a) 15 feet 15 feet 15 feet 15 feet
Rear 20 feet 20 feet 20 feet 20 feet
(a) Minimum side yards may be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimum
side yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are
approved under chapter 14. (Amended 1-1-83)
Maximum
Structure height 35 feet 35 feet 35 feet 35 feet
Sec. 16.3 Area and bulk regulations
Area and bulk regulations within the R-6, Residential, district are as follows:
STANDARD LEVEL BONUS LEVEL
CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER
REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT
Gross density 6 du/acre 6 du/acre 9 du/acre 9du/acre
Minimum Lot Size (Added 7-17-85)
7,260 sq ft N/A 4,840 sq ft. N/A
Yards, minimum:
Front 25 feet 25 feet 25 feet 25 feet
Side(a) 15 feet 15 feet 15 feet 15 feet
Rear 20 feet 20 feet 20 feet 20 feet
(a) Minimum side yards may be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimum
side yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are
approved under chapter 14. (Amended 1-1-83)
Maximum
Structure height 35 feet 35 feet 35 feet 35 feet
Sec. 17.3 Area and bulk regulations
Area and bulk regulations within the R-10, Residential, district are as follows:
STANDARD LEVEL BONUS LEVEL
CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER
REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT
Gross density 10 du/acre 10 du/acre 15 du/acre 15du/acre
Minimum Lot Size (Added 7-17-85)
4,356 sq ft N/A 2,904 sq ft. N/A
Yards, minimum:
Front 25 feet 25 feet 25 feet 25 feet
Side(a) 15 feet 15 feet 15 feet 15 feet
Rear 20 feet 20 feet 20 feet 20 feet
(a) Minimum side yards may be reduced to not less than (10) feet in accordance with section 4.11.3, provided that minimum
side yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are
approved under chapter 14.
Maximum
Structure height 65 feet 65 feet 65 feet 65 feet
Sec. 18.3 Area and bulk regulations
Area and bulk regulations within the R-15, Residential, district are as follows:
STANDARD LEVEL BONUS LEVEL
CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER
REQUIREMENTS DEVELOPMENT DEVELOPMENT DEVELOPMENT DEVELOPMENT
Gross density 15 du/acre 15 du/acre 20 du/acre 20 du/acre
Minimum Lot Size (Added 7-17-85)
2,904 sq ft N/A 2,178 sq ft. N/A
Yards, minimum:
26
Front 25 feet 25 feet 25 feet 25 feet
Side(a) 15 feet 15 feet 15 feet 15 feet
Rear 20 feet 20 feet 20 feet 20 feet
(a) Minimum side yards may be reduced to not less than ten (10) feet in accordance with section 4.11.3, provided that minimum
side yards may be reduced to zero (0) feet on one side in zero lot line developments in accordance with section 4.11.3 and are
approved under chapter 14. (Amended 1-1-83)
Maximum
Structure height 65 feet 65 feet 65 feet 65 feet
27
Attachment 6
ORDINANCE NO. 08-4(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, OF THE CODE OF
THE COUNTY OF ALBEMARLE, VIRGINIA BY ADDING ARTICLE VI, ANIMAL NOISE.
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4,
Animals and Fowl, is hereby amended and reordained by adding Article VI, Animal Noise.
CHAPTER 4. ANIMALS AND FOWL
ARTICLE VI. ANIMAL NOISE
Sec. 4-601. Noise from animals.
It shall be unlawful and shall be a nuisance for an owner or custodian of an animal to harbor or
keep any animal within the county which frequently or for a continued duration howls, barks or makes
other excessive, continuous or untimely sounds which unreasonably disturbs the peace and quiet,
comfort, or repose of any person in the county; provided however, this section shall not apply to any
animal located on property zoned Rural Areas District of five (5) acres or more, to any animal in an animal
shelter or commercial kennel as defined in chapter 18 of the zoning ordinance, or to sounds caused by
livestock or poultry. For the purposes of this section, “excessive, continuous or untimely sounds” shall
mean any howling, barking or other animal noise which continues for thirty (30) consecutive minutes or
more with no cessation of such sounds for time periods greater than five (5) minutes during the thirty (30)
consecutive minutes.
Sec. 4-602. Complaints of animal noise.
Notwithstanding section 4-101 of this code, no person shall be charged with a violation of section
4-601 unless the complainant appears before a magistrate and requests a summons to be issued.
However, when a violation is committed in the presence of an animal control officer or police officer, he
shall have the authority to initiate all necessary proceedings.
Sec. 4-603. Penalty for violation.
A violation of this section shall be punishable as a Class 3 misdemeanor, and any owner or
custodian of an animal found guilty under this section shall be required to abate the disturbance. Upon a
third conviction within twelve (12) months of any offense under this section involving the same animal, in
addition to imposing a fine, the court shall order the animal to be removed from any area of the county
covered by this section. If the owner or custodian of the animal fails to comply with such order within two
(2) weeks, the animal control officer shall seize the animal and offer the animal to the SPCA for adoption
in a home outside of the area of the county covered by this section.