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ACTIONS
Board of Supervisors Meeting of September 11, 2013
September 16, 2013
AGENDA ITEM/ACTION
ASSIGNMENT
PODCAST
1. Call to Order.
Meeting was called to order at 3:39 p.m., by
the Chair, Ms. Mallek. All BOS members were
present (Mr. Craddock arrived at 4:11 p.m.).
Also present were Tom Foley, Larry Davis and
Travis Morris.
Listen
2. Work Session: CPA-2013-01. Comprehensive
Plan Update/Amendment.
Held.
Elaine Echols: Proceed as
directed. (Attachment 1)
3. Closed Meeting.
At 4:58 p.m., the Board went into Closed
Meeting pursuant to Section 2.2-3711(A) of the
Code of Virginia under Subsection (3) to
discussion the acquisition of real property for
public park land because an open meeting
discussion would adversely affect the
bargaining position of the County; under
Subsection (3) to discuss the acquisition of real
property for court facilities because an open
meeting discussion would adversely affect the
bargaining position of the County; and under
Subsection (7) to consult with legal counsel
and staff regarding specific legal matters
requiring legal advice relating to the negotiation
of an agreement for implementing a
cooperative cost recovery program for
emergency service transports.
4. Certify Closed Meeting.
At 6:12 p.m., the Board reconvened into
opened meeting and certified the closed
meeting.
Listen
Non Agenda.
Boards and Commissions: Appointments.
By a vote of 6:0 APPOINTED Mr. E. N.
Garnett to the Acquisition of Conservation
Easement (ACE) Committee with said term to
expire August 1, 2014.
Clerk: Prepare appointment
letter, update Boards and
Commissions book, webpage,
and notify appropriate persons.
6:00 P.M. – Regular Night Meeting
5. Call to Order.
Meeting was called to order at 6:13 p.m., by
the Chair, Ms. Mallek.
Listen
8. Adoption of Final Agenda.
ACCEPTED the final agenda.
9. Brief Announcements by Board Members.
Ann Mallek:
Suggested that the County Executive have a
conversation with City Manager Maurice Jones
about notice of Route 250 lane changes and
closures.
Announced that there have been stories in the
Washington Post on people losing their homes
to tax bills and requested that staff take a close
look at the County’s process.
Announced that a local business recently did a
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promotion by throwing a large number of cups
in residents’ yards, and reminded people that
that is not the proper way to advertise.
10. Recognitions:
By a vote of 6:0, ADOPTED proclamations
recognizing National Emergency Preparedness
Month, World Alzheimer’s Awareness Month,
and Women’s Equality Day.
a. Proclamation recognizing September, 2013 as
National Emergency Preparedness Month.
Chair read and presented proclamation to
Kirby Felts, Emergency Management
Coordinator.
b. Proclamation recognizing Septem ber, 2013 as
World Alzheimer’s Awareness Month.
Chair read and presented proclamation to
Sue Friedman, President, Alzheimer’s
Association Charlottesville.
c. Proclamation recognizing Women’s Equality
Day.
Chair read and presented proclamation to
Kobby Hoffman, President of
Charlottesville National Organization for
Women.
Attachment 2
Attachment 3
Attachment 4
Listen
11. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
The following individuals spoke about the Field
School’s special use permit application and
Polo Grounds Road:
Donni Long
David Schmitt
Lettie Bien
Katherine “Kobby” Hoffman, President of
Charlottesville National Organization for
Women, spoke about the Board’s handling of
the Women’s Equality Day resolution.
Ann Eddins thanked the Board for passing the
Women’s Equality Day resolution.
Tim Leroux, Director of Local Energy Alliance
Program (LEAP), thanked the Board for its’
support of LEAP, and spoke about LEAP’s
upcoming partnership with Dominion Virginia
Power.
Nancy Carpenter, resident of the Scottsville
District, spoke about the appropriateness of
local resolutions.
Claire Johnson, County resident, spoke about
traffic issues on Berkmar Drive,
Commonwealth Drive and Greenbrier Drive.
Amy Sarah Marshall, President of the
Charlottesville Pride Festival, spoke about and
invited Board members to the upcoming
Charlottesville Pride Festival.
Rit Venerus spoke about Costco coming to
Stonefield and urged the Board not to approve
the variations modification.
Listen
12.2 Resolution to accept road(s) in The Farms at
Turkey Run Subdivision into the Secondary
System of Highways.
ADOPTED resolution.
Clerk: Forward copy of signed
resolution to Glenn Brooks and
County Attorney’s office.
(Attachment 5)
Listen
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12.3 Resolution to adopt a revised Administrative Plan
for the Housing Choice Voucher Program .
ADOPTED resolution to approve the revisions
to Chapter 20 of the Administrative Plan and
AUTHORIZED the Chief of Housing to
implement the Program in accordance with the
approved Plan.
Clerk: Forward copy of signed
resolution to Housing and
County Attorney’s office.
(Attachment 6)
12.4 ZMA-2013-0006. Este Park - Proffer Amendment
DEFERRED indefinitely at the request of the
applicant.
13. Pb. Hrg.: SP-2013-00006. Commonwealth
Offices (Sign #24).
By a vote of 6:0 APPROVED SP-2013-00006
subject to the conditions recommended by
staff.
Clerk: Set out conditions of
approval.
(Attachment 7)
Listen
14. Pb. Hrg: ZTA-2013-00004. Family Day Homes.
By a vote of 6:0 ADOPTED Ordinance No. 13-
18(5) to approve ZTA-2013-00004.
Clerk: Forward copy of adopted
ordinance to Community
Development, Social Services
and County Attorney’s office.
(Attachment 8)
Listen
15. ZMA-2012-00004. Avon Park II (Signs #89&91).
By a vote of 6:0 DEFERED ZMA-2012-00004
to December 9, 2013 agenda.
Clerk: Schedule ZMA-2012-
00004 on December 9 agenda.
Listen
16. SDP-2013-41. Stonefield-Special Exception to
Authorize Variations from Application Plan and
Code of Development (ZMA-2011-7).
By a vote of 4:2 (Boyd, Craddock) APPROVED
the variations as stated in the application for
variations #16, #17 and exhibits A-E, as
recommended by staff.
Community Development:
Proceed as approved.
Listen
17 From the Board: Committee Reports and Matters
Not Listed on the Agenda.
There were none.
Listen
18. From the County Executive: Report on Matters
Not Listed on the Agenda.
There were none.
19. Adjourn.
At 10:40 p.m., the meeting was adjourned.
ewj/tom
Attachment 1 – Direction and Decisions on Comprehensive Plan Work Session
Attachment 2 – Proclamation recognizing September, 2013 as National Emergency Preparedness Month
Attachment 3 – Proclamation recognizing September, 2013 as World Alzheimer’s Awareness Month
Attachment 4 – Proclamation recognizing Women’s Equality Day
Attachment 5 – Resolution to accept road(s) in The Farms at Turkey Run Subdivision into the Secondary System of
Highways
Attachment 6 – Resolution to adopt a revised Administrative Plan for the Housing Choice Voucher Program
Attachment 7 – Conditions of Approval
Attachment 8 – Ordinance No. 13-18(5) - ZTA-2013-00004
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ATTACHMENT 1
Comprehensive Plan Work Session Direction and Decisions
1. Pp. 1.4 and 1.5 Sustainability Accords: Set aside a decision on whether or not to list the accords or include
the statement that the accords continue to be important aspirational principles for the County. As the
Comprehensive Plan draft is reviewed, the Board will see if the recommended strategies in the Plan are
affected by the Accords. If so, the Board will revisit the topic to see if changes to the Plan are needed.
2. Page 1.7 Livability Project Goals: Change the statement at the top of the page to read, “Through the
Livability Project process, the Planning Commissions of the City of Charlottesville and Albemarle County
recommended consideration of the following goals:”.
3. P. 1.7 Economic Development goals: Consider whether to add a strategy to the Economic Development
Chapter for “support jobs” that have been generated by jobs in the target industries.
4. Verify the agency which deals with housing discrimination claims in the County.
5. P. 2.2 Values and Vision: Add the words, “and other governmental agencies,” to the third bullet so that it
reads, “Economic drivers which are business, industry, the University of Virginia, and other governmental
agencies.”
6. P. 3.5: Strategy 1a related to service delivery in the Rural Area: Discuss the relationship of this policy to
school bus provision and other school activities when the Board discusses the Community Facilities
Chapter of the Plan.
7. P. 3.5: Consider a strategy for allowing additional living quarters on a single lot for a family member when
the Housing Chapter and/or Rural Area Chapter is discussed.
8. P. 3.6 Cash Proffer Policy: Set aside the Cash Proffer Policy for a separate discussion before considering
recommendations from the Planning Commission for changes. Mr. Foley said that staff would recommend
a process to study this topic.
9. Continue to review the Comprehensive Plan using the process from today. Provide clear direction to the
Board on what should be reviewed in anticipation of the work session. Include the Planning Commission’s
recommended priorities and relevant appendices for each Chapter before the Board for review.
10. Provide updated information on population change in conjunction with the Board’s annual retreat.
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ATTACHMENT 2
NATIONAL PREPAREDNESS MONTH
WHEREAS, “National Preparedness Month” creates an opportunity for residents of
Albemarle County to prepare their homes, businesses, and communities
for any type of emergency from natural to man-made disasters; and
WHEREAS,
investing in the preparedness of ourselves, our families, businesses, and
communities can improve our resilience as we protect against, respond
to, recover from, and mitigate hazards; and
WHEREAS,
Ensuring the health and safety of the community is a strategic goal for
Albemarle County and a community priority to fulfill the vision of a thriving
County; and
WHEREAS,
Promoting individual responsibility and citizen ownership of community
challenges is a strategic goal for Albemarle County; and
WHEREAS,
emergency preparedness is the personal responsibility of every citizen of
Albemarle County; and
WHEREAS,
all citizens are urged to make preparedness a priority and participate in
local activities to educate themselves on how to take action and work
together to ensure that individuals and families in Albemarle County are
prepared for disasters and emergencies of any type; and
WHEREAS,
all citizens of Albemarle County are encouraged to review the Federal
Emergency Management Agency Ready campaign Web sites at
ready.gov or listo.gov (in Spanish) and become more prepared;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors
hereby proclaims
September 2013
as
National Preparedness Month
and encourages all citizens and businesses to develop their own
emergency plan, build an emergency kit, and work together toward
creating a more prepared community.
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ATTACHMENT 3
2013 World Alzheimer’s Month
Whereas, the nation and the County of Albemarle observe World Alzheimer’s Awareness Month during the
month of September; and
Whereas, Alzheimer’s disease, a progressive neurodegenerative brain disorder, tragically robs individuals of
their memories and leads to progressive mental and physical impairments; and
Whereas, more than 5 million Americans have Alzheimer’s disease with as many as 200,000 of those are
individuals under age 65 who have younger-onset Alzheimer’s; and
Whereas, Alzheimer’s disease is the sixth leading cause of death in the U.S., more than prostate cancer and
breast cancer combined; and
Whereas, the human cost of Alzheimer’s disease is staggering. In 2012, 15.4 million caregivers provided an
estimated 17.5 billion hours of unpaid care, a contribution to the nation valued at more than $216
billion; and
Whereas, every 68 seconds, someone in America develops Alzheimer’s disease and by mid -century
someone will develop Alzheimer’s every 33 seconds; and
Whereas, in recognition of the individuals, families, friends and caregivers d ealing with Alzheimer’s disease,
the researchers who are seeking a cause or cure; and
Whereas, the County of Albemarle recognizes the efforts of the Alzheimer’s Association to raise funds to
support research and promote awareness of Alzheimer’s disease an d asks its citizens to find ways
to Do A Little Big Thing in the fight to end the disease;
Now, Therefore, Be It Resolved, that the Albemarle County Board of Supervisors does hereby proclaim the month
of September 2013, as World Alzheimer’s Awareness Month.
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ATTACHMENT 4
WOMEN’S EQUALITY DAY
WHEREAS, Women’s Equality Day is intended to draw attention to the fact that women were given the right
to vote in 1920; and
WHEREAS, it is incumbent upon all of us to work within our communities to be advocate s for the rights of
all women, men and children; and
WHEREAS, it is important that we encourage everyone to take advantage of the resources and services
that are available in this community, such as schools, law enforcement, local government, and human s ervices
agencies to help guarantee those rights; and
WHEREAS, knowledge empowers women, men and children, which then strengthens families, the
fundamental unit of society; and
WHEREAS, the Albemarle County Board of Supervisors strongly supports equal pay for equal work for all
citizens, regardless of gender;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Albemarle County, Virginia, does
hereby recognize
WOMEN'S EQUALITY DAY
in the County of Albemarle in remembrance of all women and men who have worked to develop a more equitable
community, and one which advocates for all its citizens.
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ATTACHMENT 5
The Board of County Supervisors of Albemarle County, Virgin ia, in regular meeting on the September 11,
2013, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in The Farms at Turkey Run Subdivision, as described on the attached
Additions Form AM-4.3 dated September 11, 2013, fully incorporated herein by reference, is shown on plats
recorded in the Clerk 's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board
that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the
Virginia Department of Transportation to add the street(s) in The Farms at Turkey Run Subdivision, as described
on the attached Additions Form AM-4.3 dated September 11, 2013, to the secondary system of state highways,
pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats;
and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Enginee r for the
Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form AM-4.3 is:
1) Courtenay Glen Way (State Route 1348) from (Route 1347) Jordan Run Lane to 0.28 miles
north, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle County in
Deed Book 4368, page 651, with a 50-foot right-of-way width, for a length of 0.28 miles.
2) Jordan Run Lane (1347) from (Route 795) Blenheim Road to 0.57 miles east to Route 1348
(Courtenay Glen Way), as shown on plat recorded in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 4368, page 651, with a 50-foot right-of-way width, for a length of
0.57 miles.
Total Mileage – 0.85
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ATTACHMENT 6
RESOLUTION
WHEREAS, the County of Albemarle is a Public Housing Agency (“PHA”) as defined by the U.S.
Department of Housing and Urban Development (“HUD”) for the administration of the Housing Choice Voucher
Program (HCV); and
WHEREAS, federal requirements for the HCV Program include that each PHA maintain an Administrative
Plan which sets forth policies for the administration of the program; and
WHEREAS, the Albemarle County Board of Supervisors (“Board”) approved an updated Administrative
Plan on June 6, 2012, which was submitted to HUD for review and comment; and
WHEREAS, HUD’s comments required revision of the Administrative Plan; and
WHEREAS, the Administrative Plan was revised based on HUD comments and guidance provided in
HUD’s Notice PIH 2011-54(HA), was approved by the Board on September 5, 2012, and was resubmitted to HUD;
and
WHEREAS, HUD requested additional revisions on July 19, 2013, specifically to Chapter 20, pertaining to
Project-based Vouchers; and
WHEREAS, the Office of Housing is required to have the requested revisions to Chapter 20 approved by
the Board and inserted into the Plan that was previously approved on September 5, 2012.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County hereby
approves the revisions to Chapter 20 of the Adm inistrative Plan and authorizes the Chief of Housing to implement
the policies set forth in the plan.
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ATTACHMENT 7
CONDITIONS OF APPROVAL
SP-2013-00006. Commonwealth Offices (Sign #24).
1. Development of the use shall be in general accord with sheet C4 of 4 (Concept Plan) of the plan entitled
“Application Plan for Commonwealth Office,” prepared by Shimp Engineering, P.C., revision 1, dated
5/6/13, as determined by the Director of Planning and the Zoning Administrator. To be in general accord
with the Conceptual Plan, the development and use shall reflect the following major elements as shown on
the Conceptual Plan:
Total building square footage of thirteen thousand, five hundred (13,500) square feet.
Entrance location.
Minor modifications to the plan which are in general accord with the elements above may be made to
ensure compliance with the Zoning Ordinance.
2. Stormwater management facilities shall be located, designed and built completely on the subject property
(Tax Map/Parcel 061W0-03-00-01400) as approved by the County Engineer.
3. The use shall commence on or before September 11, 2015 or the permit shall expire and be of no effect.
4. In addition to the landscaping required per Section 32 of Chapter 18 of the County Code, for every twenty-
five (25) feet of street frontage one ornamental tree selected from the County Recommended Plant List
shall be planted along the street frontage of Commonwealth Drive. The minimum height of the ornamental
trees at planting shall be six (6) feet.
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ATTACHMENT 8
ORDINANCE NO. 13-18(5)
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, are hereby amended and
reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 10.2.1 By right
Sec. 12.2.1 By right
Sec. 13.2.1 By right
Sec. 14.2.1 By right
Sec. 15.2.1 By right
Sec. 16.2.1 By right
Sec. 17.2.1 By right
Sec. 18.2.1 By right
Sec. 19.3.1 By right
Sec. 20.3.1 By right
Sec. 20A.6 By right
Sec. 20B.2 By right
By Amending and Renaming:
Sec. 5.1.06 Day care centers
By Adding:
Sec. 5.1.56 Family day homes
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
. . .
Family day home: A child day program offered in the dwelling unit of the provider or the dwelling unit that is the
home of any of the children in care for one (1) through twelve (12) children under the age of thirteen (13), exclusive
of the provider’s own children and any children who reside in the home, when at least one child receives care for
compensation. For the purposes of this definition, a child day program is a regularly operating service arrangement
for children where, during the absence of a parent or guardian, a person has agreed to assume responsibility for the
supervision, protection, and well-being of a child under the age of thirteen (13) for less than a twenty-four (24) hour
period. (Added 10-3-01)
. . .
(§ 20-3.1, 12-10-80, 7-1-81, 12-16-81, 2-10-82, 6-2-82, 1-1-83, 7-6-83, 11-7-84, 7-17-85, 3-5-86, 1-1-87, 6-10-87,
12-2-87, 7-20-88, 12-7-88, 11-1-89, 6-10-92, 7-8-92, 9-15-93, 8-10-94, 10-11-95, 11-15-95, 10-9-96, 12-10-97; §
18-3.1, Ord. 98-A(1), 8-5-98; Ord. 01-18(6), 10-3-01; Ord. 01-18(9), 10-17-01; Ord. 02-18(2), 2-6-02; Ord. 02-18(5),
7-3-02; Ord. 02-18(7), 10-9-02; Ord. 03-18(1), 2-5-03; Ord. 03-18(2), 3-19-03; Ord. 04-18(2), 10-13-04; 05-18(2), 2-
2-05; Ord. 05-18(7), 6-8-05; Ord. 05-18(8), 7-13-05; Ord. 06-18(2), 12-13-06; Ord. 07-18(1), 7-11-07; Ord. 07-18(2),
10-3-07; Ord. 08-18(3), 6-11-08; Ord. 08-18(4), 6-11-08; Ord. 08-18(6), 11-12-08; Ord. 08-18(7), 11-12-08; Ord. 09-
18(3), 7-1-09; Ord. 09-18(5), 7-1-09; 09-18(8), 8-5-09; Ord. 09-18(9), 10-14-09; Ord. 09-18(10), 12-2-09; Ord. 09-
18(11), 12-10-09; Ord. 10-18(3), 5-5-10; Ord. 10-18(4), 5-5-10; Ord. 10-18(5), 5-12-10; Ord. 11-18(1), 1-12-11; Ord.
11-18(5), 6-1-11; Ord. 11-18(6), 6-1-11; Ord. 12-18(3), 6-6-12; Ord. 12-18(4), 7-11-12; Ord. 12-18(6), 10-3-12,
effective 1-1-13; Ord. 12-18(7), 12-5-12, effective 4-1-13; Ord. 13-18(1), 4-3-13; Ord. 13-18(2), 4-3-13; Ord. 13-
18(3), 5-8-13)
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State law reference – Va. Code § 15.2-2286(A)(4).
Article II. Basic Regulations
Sec. 5.1.06 Day care centers
Each day care center shall be subject to the following:
a. State licensure. Each day care center shall acquire and maintain the required licensure from the Virginia
Department of Social Services. The owner or operator of the day care center shall provide a copy of the
license to the zoning administrator. The owner or operator’s failure to provide a copy of the license to the
zoning administrator shall be deemed to be willful noncompliance with the provisions of this chapter.
(Amended 10-3-01)
b. Inspections by fire official. The Albemarle County fire official is authorized to conduct periodic inspections of
the day care center. The owner or operator’s failure to promptly admit the fire official onto the premises to
conduct an inspection in a manner authorized by law shall be deemed to be willful noncompliance with the
provisions of this chapter. (Amended 10-3-01)
c. Relationship to other laws. The provisions of this section are supplementary to all other laws and nothing
herein shall be deemed to preclude application of the requirements of the Virginia Department of Social
Services, Virginia Department of Health, Virginia State Fire Marshal, or any other local, state or federal
agency. (Amended 10-3-01)
(§ 5.1.0.6, 12-10-80; Ord. 01-18(6), 10-3-01)
Sec. 5.1.56 Family day homes
Each family day home shall be subject to the following:
a. Care for five or fewer children. Each family day home providing care for five (5) or fewer children under the
age of thirteen (13), exclusive of the provider’s own children and any children who reside in the home, shall
be regulated as a single-family residential use.
b. Care for more than five but not more than twelve children. Each family day home providing care for more
than five (5) but not more than twelve (12) children under the age of thirteen (13), exclusive of the provider’s
own children and any children who reside in the home, shall be subject to the following:
1. Traffic. The additional traffic generated by a family day home, excluding trips associated with the
dwelling unit, shall not exceed twenty-four (24) vehicle round trips per day. For the purposes of this
section, a “vehicle round trip” means one vehicle entering and exiting the site. T he limitation on the
number of vehicle round trips per day may be waived or modified by special exception. In acting on
a special exception, the board shall consider whether the waiver or modification of the number of
vehicle round trips per day will change the character of the neighboring agricultural area or the
residential neighborhood, as applicable, and whether the additional vehicle trips per day will be a
substantial detriment to abutting lots. Notice of the application for a special exception shall be
posted as provided in section 33.4(m)(2).
2. Parking. Each family day home shall provide one (1) parking space plus one (1) parking space for
each additional employee. The parking s paces may be located on-site, on the street where
authorized by law, or in a parking lot safe and convenient to the family day home.
3. Entrance and access. In conjunction with each application for a zoning clearance, the zoning
administrator shall identify, if necessary, the applicable design and improvements required that are
at least the minimum necessary to protect public health and safety by providing safe ingress and
egress to and from the family day home site, safe vehicular and pedestrian circulat ion on the site,
and the control of dust as deemed appropriate in the context of the use. The zoning administrator
may consult with the county engineer or the Virginia Department of Transportation regarding the
minimum design and improvements for the entrance and access.
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4. State licensure. Each family day home shall acquire and maintain the required licensure from the
Virginia Department of Social Services. The owner or operator of the family day home shall provide
a copy of the license to the zoning adm inistrator. The owner or operator’s failure to provide a copy
of the license to the zoning administrator shall be deemed to be willful noncompliance with the
provisions of this chapter.
5. Inspections by fire official. The Albemarle County fire official is authorized to conduct periodic
inspections of the family day home. The owner or operator’s failure to promptly admit the fire official
onto the premises and into the dwelling unit to conduct an inspection in a manner authorized by law
shall be deemed to be willful noncompliance with the provisions of this chapter.
6. Waivers or modifications by special exception. Except as provided in subsection (b)(1), no
requirement of this section may be waived or modified.
7. Zoning clearance and notice of request. No family day home shall commence without a zoning
clearance issued under section 31.5, subject to the following:
(a). Notice to abutting lot owners. At least thirty (30) days prior to acting on the zoning
clearance, the zoning administrator shall provide written notice of the application for a
zoning clearance to the owner of each abutting lot under different ownership than the lot on
which the proposed family day home would be located. The notice shall identify the
proposed family day home, its size and capacity, its location, and whether a special
exception under subsection (b)(1) is requested. The notice shall invite the recipient to
submit any comments before the zoning clearance is acted upon. The notice shall be
mailed or hand delivered at least thirty (30) days prior to the action on the zoning
clearance. Mailed notice shall be sent by first class mail. Notice mailed to the owner of
each lot abutting the site shall be mailed to the last known address of the owner, and
mailing the notice to the address shown on the current real estate tax assessment records
of the county shall be deemed to be compliance with this requirement.
(b). Special exception. If the zoning administrator receives a written objection to the family day
home from the owner of an abutting lot within thirty (30) days after the notice was mailed or
delivered, the zoning clearance shall not be approved until after the applicant obtains a
special exception for the family day home as provided in sections 33.5 and 33.9. In acting
on a special exception, the board shall consider whether the proposed use will be a
substantial detriment to abutting lots.
8. Relationship to other laws. The provisions of this section are supplementary to all other laws and
nothing herein shall be deemed to preclude application of the requirements of the Virginia
Department of Social Services, Virginia Department of Health, Virginia State Fire Marshal, or any
other local, state or federal agency.
(§ 5.1.0.6, 12-10-80; Ord. 01-18(6), 10-3-01)
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:
. . .
28. Family day homes (reference 5.1.56).
. . .
(§ 20-10.2.1, 12-10-80; 12-16-81; 7-6-83; 11-1-89; 11-8-89; 11-11-92; 5-12-93; Ord. 95-20(5), 11-15-95; Ord. 98-
A(1), § 18-10.2.1, 8-5-98; Ord. 02-18(6), 10-9-02; Ord 04-18(2), 10-13-04; Ord. 06-18(2), 12-13-06; Ord. 08-18(7),
11-12-08; Ord. 09-18(11), 12-10-09; Ord. 10-18(3), 5-5-10; Ord. 10-18(4), 5-5-10; Ord. 11-18(1), 1-12-11; Ord. 12-
18(3), 6-6-12)
14
Sec. 12.2.1 By right
The following uses shall be permitted by right in the VR district, subject to the applicable requirements of this
chapter:
. . .
19. Family day homes (reference 5.1.56).
(§ 20-12.2.1, 12-10-80; 9-2-81; 11-1-89; 11-11-92; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord. 10-18(4),
5-5-10)
Sec. 13.2.1 By right
The following uses shall be permitted by right in the R-1 district, subject to the applicable requirements of this
chapter:
. . .
14. Family day homes (reference 5.1.56).
(§ 20-13.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04)
Sec. 14.2.1 By right
The following uses shall be permitted by right in the R-2 district, subject to the applicable requirements of this
chapter:
. . .
14. Family day homes (reference 5.1.56).
(§ 20-14.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04)
Sec. 15.2.1 By right
The following uses shall be permitted by right in the R-4 district, subject to the applicable requirements of this
chapter:
. . .
16. Family day homes (reference 5.1.56).
(§ 20-15.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04)
Sec. 16.2.1 By right
The following uses shall be permitted by right in the R-6 district, subject to the applicable requirements of this
chapter:
. . .
17. Family day homes (reference 5.1.56).
(§ 20-16.2.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04)
Sec. 17.2.1 By right
The following uses shall be permitted by right in the R-10 district, subject to the applicable requirements of this
chapter:
. . .
17. Family day homes (reference 5.1.56).
(§ 20-17.2.1, 12-10-80; 9-2-81; 3-5-86; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04)
15
Sec. 18.2.1 By right
The following uses shall be permitted by right in the R-15 district, subject to the applicable requirements of this
chapter:
. . .
17. Family day homes (reference 5.1.56).
(§ 18.2.1, 12-10-80; 9-2-81; 11-1-89; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04)
Sec. 19.3.1 By right
The following uses shall be permitted by right in the PRD district, subject to the applicable requirements of this
chapter:
. . .
13. Family day homes (reference 5.1.56).
(§ 20-19.3.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04)
Sec. 20.3.1 By right
The following uses shall be permitted by right in the PUD district, subject to the applicable require ments of this
chapter:
. . .
13. Family day homes (reference 5.1.56).
(§ 20-20.3.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord. 13-18(2), 4-
3-13)
Sec. 20A.6 Permitted uses
The following uses shall be permitted in an NMD, subject to the regulations in this section and section 8, the
approved application plan and code of development, and the accepted proffers:
a. By right uses. The following uses are permitted by right if the use is expressly identified as a by right use in
the code of development or if the use is permitted in a determination by the zoning administrator pursuant to
subsection 8.5.5.2(c)(1):
. . .
11. Family day homes (reference 5.1.56).
. . .
(Ord. 03-18(2), 3-19-03; Ord 04-18(2), 10-13-04; Ord. 09-18(9), 10-14-09; Ord. 10-18(4), 5-5-10; Ord. 13-18(2), 4-3-
13)
Sec. 20B.2 Permitted uses
The following uses shall be permitted in the DCD, subject to the regulations in this section:
. . .
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):
. . .
8. Family day homes (reference 5.1.56).
. . .
16
(Ord. 08-18(3), 6-11-08; Ord. 10-18(4), 5-5-10; Ord. 13-18(2), 4-3-13)