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HomeMy WebLinkAbout20110112actions1 ACTIONS Board of Supervisors Meeting of January 12, 2011 January 21, 2011 AGENDA ITEM/ACTION ASSIGNMENT 1. Call to Order. Meeting was called to order at 6:04 p.m. by the Chair, Ms. Mallek. All Board Members were present. Also present were Tom Foley, Larry Davis, and Meagan Hoy. Resolution regarding On-Site Sewage Disposal Systems. Board Members to discuss at the end of the meeting. VACo request Re: Citizens’ Appeal of Local Tax Assessments. Board Members to discuss at the end of the meeting. Reorder of Agenda items 7 and 8. Consensus of the Board to change the order of these agenda items. 4. From the Board: Matters not Listed on the Agenda. Dennis Rooker: Handed out information on upcoming free training sessions being offered by the TJPDC. Rodney Thomas: The Fire/rescue Ordinance meeting was canceled last night, and has been moved to Tuesday, January 18th at 6:00 p.m. Ken Boyd: Asked about the date/time for the joint water meeting with the City. Mr. Foley said that the County is waiting for confirmation from the City. Duane Snow: County met with the City for the final meeting on Social Services consolidation. The final finding is that there would be no reduction of expenses. Ann Mallek: Updated the Board on the joint City/County Fire/Rescue group that she and Mr. Thomas are on. Shared information on the prescription drug plan with the Board. On Wednesday January 26, 2011, from 6-8 p.m., there will be an event here at the County Office Building, in the lobby and the Auditorium, titled Carbon Our Energy Future & You. 5. From the Public: Matters not Listed for Public hearing on the Agenda. Todd Nehimer, member of the Rivanna Trails Foundation Board of Directors, asked the Board to allocate funding for a survey and dedication of a greenway trail corridor near the Eagles Landing development in the amount of $1,500.00. Daniel Bowman, Advocates for a Sustainable Albemarle Population, encouraged Board County Executive/Amelia McCulley: Schedule discussion on a future agenda. 2 members to read the reports on growth. 6.1. Request from applicant to withdraw ZMA 2006-0008 – Berkmar Business Park. APPROVED, by a vote of 6:0, the applicants request to withdraw. 6.2 Housing Funds - Contingent Approval of Donations to Nonprofit Agencies. APPROVED the proposed donations to three nonprofit agencies (Habitat for Humanity, Piedmont Housing Alliance/Jordan Development Corp., and Albemarle Housing Improvement Program) contingent upon appropriation of funds for this purpose and execution of agreements between the Office of Housing and the agencies.DIRECTED staff to bring the proposed appropriations to the Board at a future meeting. Ron White/OMB: Bring the proposed appropriations to the Board at a future meeting. 6.3 FY 2011 Budget Amendment and Appropriation. APPROVED the budget amendment in the amount of $11,276.00 and APPROVED Appropriation #2011062. Clerk: Forward copy of signed appropriation forms to Finance, OMB and appropriate individuals. 8.ZTA-2009-00012. Home Occupations. ADOPTED, by a vote of 6:0, the attached ordinance as modified at the Board meeting. Clerk: Forward copy of adopted ordinance to Community Development, Zoning, and County Attorney’s office. (Attachment 1) 7.PROJECT: SP-2010-00029. Hungarian Bakery (Sign #65). With approval of ZTA-2009-00012 above, this public hearing was canceled. 9.ZTA-2010-00007. Body Shops. ADOPTED,by a vote of 6:0,the attached ordinance. Clerk:Forward copy of adopted ordinance to Community Development, Zoning, and County Attorney’s office. (Attachment 2) 10.ZMA-2010-00014.Hollymead Town Center (A-1) (Signs #33,36&37). APPROVED ZMA-2010-00014, by a vote of 6:0, the proffers as signed and dated January 12, 2011 incorporating the changes made at the meeting. (Attachment 3) 11. From the Board: Committee Reports and Matters Not Listed on the Agenda. Ann Mallek: Asked the Board if they were in support of the resolution regarding On-Site Sewage Disposal Systems. Board ADOPTED, by a vote of 6:0, the attached resolution. Tom Foley: Updated the Board on a request from VACo for a special assessment of at least $3,000 to help protect the current standard of proof in real estate and property assessment. Board APPROVED, by a vote of 6:0, the allocation of funds, and DIRECTED staff to bring back an appropriation. Clerk:Forward copy of adopted resolution to Committee on Education and Health and area Legislators. (Attachment 4) OMB: Bring back appropriation on February 2, 2011. 12. Adjourn. At 8:17 p.m., the meeting was adjourned to Tuesday January 18, 2011 at 2:00 p.m., Room 241. 3 /mrh Attachment 1 – Home Occupations Ordinance. Attachment 2 – Body Shops Ordinance. Attachment 3 – ZMA-2010-00014. Hollymead Town Center (A-1) Proffers. Attachment 4 – Resolution - On-Site Sewage Disposal Systems. 4 ATTACHMENT 1 ORDINANCE NO. 11-18(1) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE, 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, Article III, District Regulations, and Article IV, Procedure, are hereby amended and reordained as follows: By Amending: Sec. 3.1 Definitions Sec. 4.15.2 Definitions Sec. 4.15.6 Signs exempt from the sign permit requirement Sec. 5.1 Supplementary regulations Sec. 5.1.34 Accessory apartment Sec. 10.2.1 By right Sec. 10.2.2 By special use permit Sec. 31.5 Zoning clearance Sec. 35.1 Fees By Amending, Reorganizing, Renaming and Incorporating the Substance into Another Section (old section number first, followed by section number in which substance incorporated): Sec. 5.2 Home occupations in zoning districts other than the rural areas zoning district Sec. 5.2.1 Sec. 5.2 Clearance of zoning administrator required Sec. 5.2.2 Sec. 5.2 Regulations governing home occupations Sec. 5.2.3 Sec. 5.2 Certain permits required By Repealing: Sec. 5.2.4 Revocation By Adding: Sec. 5.2.A Home occupations in the rural areas zoning district Chapter 18. Zoning Article I. General Provisions Sec. 3.1 Definitions Home Occupation, Class A:An occupation, not expressly prohibited by section 5.2, conducted for profit within a dwelling unit solely by one or more members of the family residing within the dwelling unit; provided that nothing herein prohibits the occupation from engaging other persons who work off-site and do not come to the dwelling unit to engage in the occupation. (Amended 8-5-09) Home Occupation, Class B:An occupation, not expressly prohibited by section 5.2, conducted for profit within a dwelling unit solely by one or more members of the family residing within the dwelling unit and up to two (2) additional persons not residing within the dwelling unit, with or without the use of accessory structures; provided that nothing herein prohibits the occupation from engaging other persons who work off-site and do not come to the dwelling unit or to any accessory structure to engage in the occupation. (Amended 8-5-09) Home Occupation, Major:An occupation, not expressly prohibited by section 5.2A, conducted for profit within a dwelling unit solely by one or more members of the family residing within the dwelling unit and up to two (2) additional persons not residing within the dwelling unit, with or without the use of accessory structures; provided 5 that nothing herein prohibits the occupation from engaging other persons who work off-site and do not come to the dwelling unit or to any accessory structure to engage in the occupation. Home Occupation, Minor:An occupation, not expressly prohibited by section 5.2A, conducted for profit within a dwelling unit solely by one or more members of the family residing within the dwelling unit; provided that nothing herein prohibits the occupation from engaging other persons who work off-site and do not come to the dwelling unit to engage in the occupation. . . . Nonconforming Use:The term “nonconforming use” means a lawful principal use of the lot or a Class A, Class B, major or minor home occupation existing on the effective date of the zoning regulations applicable to the district in which the use is located, or a more restricted use, that does not comply with the applicable use regulations of that zoning district. A nonconforming use may have accessory uses, but an accessory use, other than a Class A, Class B, major or minor home occupation, shall not be eligible to be a nonconforming use. A use that is seasonal on the effective date of this chapter shall be eligible to be a nonconforming use. A use that is casual, intermittent, or temporary on the effective date of this chapter shall not be eligible to be a nonconforming use. (Amended 6-14- 00) . . . Article II. Basic Regulations Sec. 4.15.2 Definitions The following definitions shall apply in the interpretation and implementation of this section 4.15: . . . (25)Home occupation sign. The term “home occupation sign” means a sign on the premises of a dwelling unit that has an authorized Class B or major home occupation that does not exceed four (4) square feet in sign area and only states the name of the person occupying the dwelling and identifies the product or service offered by the home occupation. . . . Sec. 4.15.6 Signs exempt from the sign permit requirement The following signs are exempt from the sign permit requirement set forth in section 4.15.4 provided that they comply with the regulations set forth below and all other applicable regulations of this section 4.15: . . . (7)Home occupation sign. A home occupation sign. . . . Sec. 5.1 Supplementary regulations The following supplementary regulations apply to referenced uses in all districts whether or not such uses are permitted by right or by special use permit. These supplementary regulations are in addition to all other requirements of this chapter, the Code, and all other applicable laws. Unless a waiver or modification is expressly prohibited, any requirement of section 5 may be modified or waived in an individual case, as provided herein: a. The commission may modify or waive any such requirement upon a finding that such requirement would not forward the purposes of this chapter or otherwise serve the public health, safety, or welfare or that a modified regulation would satisfy the purposes of this chapter to at least an equivalent degree as the specified requirement; and upon making any finding expressly required for the modification or waiver of a specific requirement; except that, in no case, shall such action constitute a modification or waiver of any applicable general regulation set forth in section 4 or any district regulation. In granting a modification or waiver, the commission may impose conditions as it deems necessary to protect the public health, safety, or welfare. b. The board of supervisors shall consider a modification or waiver of any requirement of section 5 only as follows: 6 1. The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be appealed to the board of supervisors 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, to which the modification or waiver pertains. A modification or 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. 2. In considering a modification or waiver, the board may grant or deny the modification or waiver based upon the finding set forth in subsection (a), amend any condition imposed by the commission, and impose any conditions it deems necessary for the reasons set forth in subsection (a). (12-10-80; 9-9-92; Ord. 01-18(4), 5-9-01) Sec. 5.1.34 Accessory apartment Each accessory apartment shall be subject to the following: a. An accessory apartment shall be permitted only within the structure of the main dwelling to which it is accessory. Usage of freestanding garage or other accessory structure for an accessory apartment is expressly prohibited. Not more than one (1) accessory apartment shall be permitted within any single- family detached dwelling. b. The gross floor area devoted to an accessory apartment shall not exceed thirty-five (35) percent of the total gross floor area of the structure in which it is located. c. The gross floor area of an accessory apartment shall not be included in calculating the gross floor area of the main dwelling unit for uses such as home occupations as provided in sections 5.2 and 5.2A and other similar uses in this chapter whose area within a dwelling unit is regulated. d. An accessory apartment shall enjoy all accessory uses availed to the main dwelling, except that no accessory apartment shall be permitted as accessory to another accessory apartment. e. Any single family dwelling containing an accessory apartment shall be provided with a minimum of three (3) off-street parking spaces, arranged so that each parking space shall have reasonably uninhibited access to the street, subject to approval of the zoning administrator. f. A single-family dwelling which adds an accessory apartment shall be deemed to remain a single-family dwelling and shall be considered one (1) dwelling unit for purposes of area and bulk regulations of the district in which such dwelling is located. g. A guest or rental cottage shall not be deemed to be an accessory apartment, but shall be deemed to be a single-family detached dwelling, whether or not used as such, subject to area and bulk regulations of the district in which such cottage is located. No accessory apartment shall be permitted within any guest or rental cottage. h. The owner must reside in any dwelling to which the apartment unit is accessory or the apartment unit itself. i. The provisions of section 4.1.6 notwithstanding, for lots not served by a central sewer system, no accessory apartment shall be established without written approval from the local office of the Virginia Department of Health of the location and area for both original and future replacement fields adequate to serve the main dwelling and accessory apartment. j. An accessory apartment shall be deemed to be a dwelling unit for the purposes of sections 14-234 and 14-410 of the Code. (Added 8-10-94) Sec. 5.2 Home occupations in zoning districts other than the rural area zoning district 7 Each home occupation authorized in a zoning district other than the rural areas zoning district shall be subject to the following: a.Purpose and intent. The purpose for authorizing home occupations in zoning districts other than the rural areas zoning district is to encourage limited home-based economic development, balanced with the need to protect and preserve the quality and character of the county’s residential neighborhoods. The regulations in this section are intended to ensure that authorized home occupations will be compatible with other permitted uses and the residential neighborhood by regulating the scale, hours, external activities, external appearance and other impacts that may arise from a home occupation. b.Location and area occupied by a home occupation. A home occupation shall be located and sized as follows: 1.Class A home occupations. A Class A home occupation shall be conducted entirely within the dwelling unit, provided that not more than twenty-five (25) percent of the gross floor area of the dwelling unit shall be used for the home occupation and further provided that the gross floor area used for the home occupation shall not exceed one thousand five hundred (1500) square feet. 2.Class B home occupations. A Class B home occupation shall be conducted within the dwelling unit or an accessory structure, or both, provided that not more than twenty-five (25) percent of the gross floor area of the dwelling unit shall be used for the home occupation and further provided that the cumulative gross floor area used for the home occupation shall not exceed one thousand five hundred (1500) square feet. c.Exterior appearance. The exterior appearance of a parcel with a home occupation shall be subject to the following: 1.Class A home occupations. There shall be no change in the exterior appearance of a dwelling unit or other visible evidence of the conduct of a Class A home occupation. 2.Class B home occupations. There shall be no change in the exterior appearance of a dwelling unit or other visible evidence of the conduct of a Class B home occupation, except that one home occupation sign may be erected as authorized by section 4.15. Accessory structures shall be similar in façade to a single-family dwelling, private garage, shed, barn or other structure normally expected in a residential area and shall be specifically compatible in design and scale with other residential development in the area in which it is located. Any accessory structure that does not conform to the applicable setback and yard requirements for primary structures shall not be used for a home occupation. d.Sales. No home occupation shall sell goods to a customer who comes to the site except for goods that are hand-crafted on-site and goods sold that are directly related to a beauty shop or a one-chair barber shop home occupation. e.Traffic generated by a home occupation. The traffic generated by a home occupation shall not exceed the volume that would normally be expected by a dwelling unit in a residential neighborhood. f.Parking. All vehicles used in a home occupation and all vehicles of employees, customers, clients or students shall be parked on-site. g.Performance standards. All home occupations shall comply with the performance standards in section 4.14. h.Prohibited home occupations. The following uses are prohibited as home occupations: (1) tourist lodging; (2) nursing homes; (3) nursery schools; (4) day care centers; and (5) private schools. i.Zoning clearance required. No home occupation shall commence without a zoning clearance issued under section 31.5, subject to the following: 8 1.Class A home occupations. Prior to the zoning administrator issuing a zoning clearance for a Class A home occupation, the applicant shall sign an affidavit affirming his understanding of the requirements of section 5.2. 2.Class B home occupations. Prior to the zoning administrator issuing a zoning clearance for a Class B home occupation: (a) there shall be a valid special use permit for the Class B home occupation; (b) the applicant shall provide the zoning administrator evidence that the Virginia Department of Transportation has approved the entrance to the site; and (c) the applicant shall sign an affidavit affirming his understanding of the requirements of section 5.2. Sec. 5.2A Home occupations in the rural areas zoning district Each home occupation authorized in the rural areas zoning district shall be subject to the following: a.Purpose and intent. The purpose for authorizing home occupations in the rural areas zoning district is to encourage limited home-based economic development, balanced with the need to protect and preserve the quality and character of the county’s agricultural areas and residential neighborhoods in the rural areas zoning district. The regulations in this section are intended to ensure that authorized home occupations will be compatible with other permitted uses, the agricultural areas, and the residential neighborhoods by regulating the scale, hours, external activities, external appearance and other impacts that may arise from a home occupation. b.Location and area occupied by a home occupation. A home occupation shall be located and sized as follows: 1.Major home occupations. A major home occupation shall be conducted within the dwelling unit or accessory structures, or both, provided that not more than twenty-five (25) percent of the gross floor area of the dwelling unit shall be used for the home occupation and further provided that the cumulative area used for the home occupation, including the gross floor area within the dwelling unit or any accessory structure and the area used for outdoor storage as provided in section 5.2A(g), shall not exceed one thousand five hundred (1500) square feet. Plants that are planted in the ground that are to be used for a major home occupation do not count toward the one thousand five hundred (1500) square feet limitation. 2.Minor home occupations. A minor home occupation shall be conducted entirely within the dwelling unit, provided that not more than twenty-five (25) percent of the gross floor area of the dwelling unit shall be used for the home occupation and further provided that the gross floor area used for the home occupation shall not exceed one thousand five hundred (1500) square feet. c.Exterior appearance. The exterior appearance of a parcel with a home occupation shall be subject to the following: 1.Major home occupations. There shall be no change in the exterior appearance of a dwelling unit or other visible evidence of the conduct of a major home occupation, except that one home occupation sign may be erected as authorized by section 4.15. Accessory structures shall be similar in façade to a single-family dwelling, private garage, shed, barn or other structure normally expected in a residential area and shall be specifically compatible in design and scale with other residential development in the area in which it is located. Any accessory structure that does not conform to the applicable setback and yard requirements for primary structures shall not be used for a home occupation. 2,Minor home occupations. There shall be no change in the exterior appearance of a dwelling unit or other visible evidence of the conduct of a minor home occupation. d.Visitors and sales. Visitors and sales related to a home occupation shall be subject to the following: 1.Major home occupations. Customers, clients and students may visit a major home occupation. The sale of goods by the major home occupation to a customer who comes to the site is prohibited except for goods that are hand-crafted on-site and accessory goods that are directly 9 related to a major home occupation, including but not limited to tools for pottery making and frames for artwork. 2.Minor home occupations. No customers, clients or students may visit a minor home occupation for a purpose related to the home occupation. The sale of goods or the provision of services by the minor home occupation to a customer, client or student at the site is prohibited. e.Traffic generated by a major home occupation. The traffic generated by a major home occupation shall not exceed ten (10) vehicle round trips per day or more than thirty (30) vehicle round trips per week. For the purposes of this section, a “vehicle round trip” means one vehicle entering and exiting the site. f.Parking. All vehicles used in a home occupation and all vehicles of employees, customers, clients or students related to a major home occupation shall be parked on-site. g.Outdoor storage. The storage of goods, products, equipment other than vehicles used in a home occupation, or any materials associated with a home occupation, other than natural landscaping materials such as mulch and plants, outside of an enclosed structure is prohibited. h.Days and hours of operation for major home occupations. Major home occupations may operate up to six (6) days per week and the hours of operation shall be between 7:00 a.m. and 8:00 p.m. for those home occupations that have employees, customers, clients or students visiting the site. i.Number of vehicles used in a home occupation. The number of vehicles that may be used in a home occupation that are parked or stored on-site shall not exceed two (2) motor vehicles and two (2) trailers. j.Number of home occupations. More than one home occupation is permitted on a parcel, provided that the area occupied and the traffic generated by the home occupations shall be considered cumulatively and all requirements of this section shall apply. k.Performance standards. All home occupations shall comply with the performance standards in section 4.14. l.Prohibited home occupations. The following uses are prohibited as home occupations: (1) any use requiring a special use permit under section 10.2.2; (2) animal rescue centers; (3) automobile graveyards; (4) restaurants; (5) storage yards; (6) gun sales, unless the guns are made on-site by one or more family members residing within the dwelling unit; (7) on-site pet grooming; (8) body shops; (9) equipment, trailers, vehicles or machinery rentals; (10) shooting ranges; (11) commercial stables; (12) rummage or garage sales other than those determined by the zoning administrator to be occasional; (13) veterinary clinics or hospitals; (14) pyrotechnic (fireworks or bomb) device manufacturing or sales; and (15) any other use not expressly listed that is determined by the zoning administrator to be contrary to the purpose and intent of section 5.2A. m.Waivers and modifications. The waiver or modification of any requirement of section 5.2A is prohibited except as provided herein: 1.Area. The area requirements in section 5.2A(b) may be waived or modified, provided that the waiver or modification shall not authorize the home occupation to occupy more than forty-nine (49) percent of the gross floor area of the dwelling. In granting a waiver or modification of the area requirement, the commission shall make the following findings in addition to those findings in section 5.1: (1) the nature of the home occupation requires storage or additional space within the dwelling unit to conduct the home occupation; (2) the primary use of the dwelling unit as a residence is maintained; and (3) the waiver or modification would not change the character of the neighboring agricultural area or the residential neighborhood. 2.Traffic. The traffic limitation in section 5.2A(e) may be waived or modified. In granting a waiver or modification of the traffic limitation, the commission shall find, in addition to those findings in section 5.1, that the waiver or modification would not change the character of the neighboring agricultural area or the residential neighborhood. 10 n.Zoning clearance required; notice of request. No home occupation shall commence without a zoning clearance issued under section 31.5. For each zoning clearance requested for a major home occupation, the zoning administrator shall provide written notice that an application for a zoning clearance has been submitted to the owner of each abutting parcel under different ownership than the parcel on which the proposed home occupation would be located. The notice shall identify the proposed home occupation, its size, its location, and whether any waiver or modification is requested. The notice shall invite the recipient to submit any comments before the zoning clearance is acted upon. The notice shall be mailed at least five (5) days prior to the action on the zoning clearance as provided in section 32.4.2.5. 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: . . . 7. Accessory uses and buildings including major home occupations (reference 5.2A), minor home occupations (reference 5.2A), and storage buildings. . . . Article IV. Procedure Sec. 31.5 Zoning clearance The zoning administrator shall review requests for zoning clearances as follows: a.When required. A zoning clearance shall be required in the following circumstances: 1.New use. Prior to establishing a new non-residential, other than an agricultural, use. 2.Change or intensification of existing use. Prior to changing or intensifying an existing non- residential, other than an agricultural, use. 3.Change of occupant. Prior to a new occupant taking possession of an existing non-residential, other than an agricultural, use. 4.Specific buildings, structures or uses. Prior to establishing any building, structure or use for which a zoning clearance is required under section 5. b.Approval. If the proposed building, structure, improvements, and site, and the proposed use thereof, comply with this chapter, the zoning administrator shall issue the zoning clearance. c.Circumstance when zoning clearance shall not be issued.The zoning administrator shall not issue a zoning clearance if, after review of any site, the zoning administrator determines that additional improvements are necessary to protect the public health or safety, regardless of whether the improvements are shown on the site plan. (Added 9-9-92; Amended 10-3-01) (§ 31.2.3.3, 9-9-92; Ord. 01-18(6), 10-3-01) d.Commercial and industrial uses defined. For the purposes of this section 31.5, production agriculture is not a commercial or industrial use, and a class A, class B, minor or major home occupation is a commercial use. (Added 9-9-92; Amended 10-3-01) e.Effect of renumbering and renaming. Any other section of this chapter that refers to section 31.2.3.2 or to a zoning compliance clearance shall be deemed to be a reference to section 31.5 or a zoning clearance. (§ 31.2.3.2, 9-9-92; Ord. 01-18(6), 10-3-01) Sec. 35.1 Fees 11 Each applicant shall pay the following applicable fees, provided that neither the county nor the county school board shall be required to pay any fee if it is the applicant: . . . g. Matters considered by the zoning administrator or other officials: 1. Official determinations regarding compliance: $185.00 2. All other official determinations, including development rights: $100.00 3. Zoning clearance for tourist lodging: $100.00 4. Zoning clearance for a home occupation, class A, a major home occupation, or a minor home occupation: $25.00 5. Zoning clearance for temporary fundraising activity: No fee 6. All other zoning clearances: $50.00 7. Sign permits under section 4.15.4; no ARB review required: $25.00 8. Sign permits under section 4.15.4; ARB review required: $120.00 . . . The fee shall be in the form of cash or a check payable to the “County of Albemarle.” An application presented without the required fee shall not be deemed to be submitted and shall not be processed. (Amended 5- 5-82; 9-1-85; 7-1-87; 6-7-89; 12-11-91 to be effective 4-1-92; 7- 8-92; Ord. 10-18(7), adopted 8-5-10 to be effective 1-1-11) 12 ATTACHMENT 2 ORDINANCE NO. 10-18(2) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, 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 III, District Regulations, is hereby amended and reordained as follows: By Amending: Sec. 24.2.2 By special use permit Chapter 18. Zoning Article III. District Regulations Sec. 24.2.2 By special use permit The following uses shall be permitted by special use permit in the HC district: . . . 17. Body shops. 13 1 14 15 16 17 18 ATTACHMENT 4 RESOLUTION REGARDING ON-SITE SEWAGE DISPOSAL SYSTEMS WHEREAS the Albemarle County Board of Supervisors acknowledges that the Clean Water Act (CWA) is the cornerstone of surface water quality protection in the United States and that the CWA establishes the basic structure for regulating discharges of pollutants into the waters of the United States; and WHEREAS the Albemarle County Board of Supervisors acknowledges that major portions of the Chesapeake Bay and its tidal tributaries within Virginia have been identified as not meeting water quality standards and that Virginia has submitted a Chesapeake Bay TMDL Phase 1 Watershed Implementation Plan to correct this; and WHEREAS Albemarle County is beginning to see properties and neighborhoods with substantial reliance on On-Site Sewage Disposal Systems (OSDS) and drinking water wells; and WHEREAS clean water is vital for long-term economic viability and health of the population in Albemarle County; and WHEREAS the Commonwealth of Virginia has adopted laws and regulations that encourage the proliferation of engineered OSDS; and WHEREAS the net effect of these laws and regulations has been to reduce local control over land use and water quality at the same time localities are being charged by the Commonwealth of Virginia with improving water quality in the Chesapeake Bay; NOW THEREFORE BE IT RESOLVED THAT the Virginia Department of Health be required to develop effective monitoring, expedited enforcement, and effective repair protocols; and the General Assembly provide necessary funding to accomplish these actions before any additional engineered OSDS be approved. BE IT FURTHER RESOLVED THAT the Albemarle County Board of Supervisors requests that the General Assembly reaffirm local zoning and land use authority to manage the location and timing of the installation of engineered Onsite Sewage Disposal Systems and that General Assembly specify in the Code of Virginia that the presence of each engineered OSDS must be recorded on the deed for the land where it has been installed so a prospective buyer is aware of specific maintenance requirements, the transfer of ownership is transparent, and the localities can track the installation of such devices in their areas of responsibility.