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Home My WebLink AboutLZC200700006 Legacy Document 2007-03-24LrRGtNh' COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 March 12, 2007 Keith Woodard 22414 th Street, N.W. Charlottesville, VA 22903 RE: Tax Map 45, Parcels 19A & 20A Dear Mr. Woodard: As requested, I offer the following zoning information for the above referenced parcels. The referenced parcels are zoned Rural Areas- RA and are in the Airport Impact Area. Parcel 19A contains 6.662 acres and is developed with 11 duplexes and 1 single family detached dwelling for a total of 23 dwelling units. Parcel 20A contains 0.215 acres and is developed with 1 single family detached dwelling. The residential use of these parcels is nonconforming to the area and bulk regulations of the RA district which requires a minimum of 2 acres per dwelling and other general regulations. The development is legally nonconforming because it was developed prior to the adoption on December 10, 1980 of the current Zoning Ordinance of Albemarle County in accord with ZMA-68- 12. If the development were damaged or destroyed, improvements, including parking, located on the property could be reconstructed in the same location and at the same density in accord with Section 6.2 of the zoning ordinance. Any change in the present use, structures or site would have to comply with the County's land use regulations in place at the time of the change. A review of our records does not show any unresolved zoning violations and/or complaints. A zoning inspection was conducted on March 12, 2007. No zoning violations were identified. Please contact me if you have questions or require additional information. Sincerely, John Shepherd Manager of Zoning Administration Enclosures: ZMA-1968-12 Board of Supervisors' minutes Zoning Ordinance Section 6.2 Nonconforming Uses Copy: Earl Burton 95 Deerwood Dr. Suite B Charlottesville, VA 22911 CAP rogram Data\UnityECM\OldDoc Importer\localcopy. doc A r6Kvlar meeting Of the Board of Oounty 9uparvie0rs of Albemarle County, virglnia, was held at the Orrice �Buildi.ng ar &&Ia Oounty an the 18th W of Jing, 1968. FrepEmtl fusers. B. W. C.aruatt, Joseph 4, Gibbon' Ttter T. Way, Gordw L. Whaal-er, J�lagd. V. 'goad-, Jr. and R. A. Yatie0Y. Abeemt, Emu. (b) AJTU0atI= or R.G+S+ Qorporatlm tor a oUarL8t ur VLxle from WI- oultwe A-1 W Raaid,antlea R-3 on 6.677 acres situated on RolitE§ 657 tQ permit erkaasiom of toes fwn1 iy AwAlIITIE; d.?V*J 'P"Jat. Hr3 llum uy gAvimed that ttie Flaming CoMrin isUau voted 5,4 to deny this requeet. Xr. and Lars. R. 0, Burt= appeared aro. Mr. Surton submitted atstemont - oopy Of whish is filed in the pkxta�xign,t records qr #Mita hoard - is v ioh it waw pointe& out tit oix 1jupleze9 were al- raady on the 13ropexty berme coning. MY. Touton r+Nueetal tiwL LLw Bvw-a aplwDve R-2 if the R-3 t8 tarnW nnwn_ Mr_ RarW,aii FrlrtRr m121X ttL d petftiom sided by ten fami2iee in the area requaating tti$ Roa=d tp up- hold the raaor®gadat.# of the Fla=ing Board. Thin petition is a1w mad,a Ek part of tbia Board's permanent files. Lir. Bedford Moore, Mr. $arrieo3n Allay, mss. Jgmes Lockhart, acid Mrfames ZA ker also appeared in oypo- 6it�04 to the requaSt of R.O.S. Garpor&tJM, HrP FqQ`beaRibaolr aoaarea as att mey far citiaaaa in the area aP➢vaed tv a change in 7,me claaei- i`iaatfOD, stating that they da not .ant a OCEMravUse and reDWUMrUie3 th&t the R.O.S. Gorgaratiomi's request 1]e denirci. After di&:us3iaen, Mr. Lloyd Mood reavea that tho 1{ .0 . Corporation be gwantad an R-2 mmiY classitYoa- tivn an the pTDpiQrty In gtuastion due to development vdit0h was start6d 1n'iox' tD zQjiing. This motion -was aeconded -by Mr. Gibson end uaantw„u61y awToved. Sec. 6.2 Nonconforming uses. A nonconforming use may continue, subject to the provisions, conditions and prohibitions set forth herein. A. Change, enlargement or extension of area used by a nonconforming use. The area occupied or used by a nonconforming use shall not be: 1. Occupation or use of additional area. Changed, enlarged or extended to either occupy or use an additional area of the same lot or structure other than that which existed on the effective date of the zoning regulations applicable to the district in which the use is located; except that: (i) a nonconforming use may be enlarged or extended throughout any part of a structure that was arranged or designed for such nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located, but only if the enlargement or extension does not change the character of the nonconforming use; and (ii) a nonconforming quarry or cemetery may be enlarged or extended to either occupy or use an additional area of the lot, or other abutting lots under identical ownership as the lot on which the nonconforming use exists on the effective date of this chapter; or C:\ProgramData\UnityECM\OldDoclmporter\localcopy.doc 2. Occupation or use of additional structure. Changed, enlarged or extended to occupy a structure not used for the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located; or 3. Relocation to previously unoccupied or unused area. Moved, in whole or in part, to any portion of the lot or any other lot, unoccupied or unused by the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located; or 4. Relocation to previously unoccupied or unused structure. Moved, in whole or in part, to another structure unoccupied or unused by the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located. B. Enlargement or extension of a nonconforming use. A nonconforming use shall not be enlarged or extended such that the character of the use existing on the effective date of the zoning regulations applicable to the district in which the use is located is changed. The zoning administrator's determination of whether the character of a nonconforming use has changed shall be based on the magnitude of the change in the size and scope of the use and the effects these changes have upon the purposes of this chapter. In evaluating the change in the size and scope of the use, an increase in the volume or intensity of the use and any alteration or variation in the use, such as the provision of additional goods or services, shall be considered. A mere increase in the volume, intensity or frequency of the use that is trivial, insubstantial or reasonably customary or incidental, and that is not accompanied by an alteration or variation in the use, shall not be deemed to be an enlargement or extension of the use. C. Enlargement, extension, reconstruction or structural alteration of a structure. A structure that is used, in whole or in part, for a nonconforming use shall not be enlarged, extended, reconstructed or structurally altered, except in the following circumstances: 1. Sanitary facilities. Notwithstanding any other provision of this chapter, the sole purpose of the enlargement or extension is to house a potable water supply, toilet or other sanitary facilities in a location approved by the zoning administrator, provided that: (i) the sanitary facilities are not duplicative of facilities within the existing structure; (ii) the enlargement or extension is limited to only that area which is necessary to house the sanitary facilities; and (iii) the use of the new area is devoted only to the sanitary facilities. 2. Ordinary repairs and maintenance of structure. The repairs consist of ordinary repairs and maintenance, and the repair or replacement of nonbearing walls, fixtures, wiring or plumbing, which is necessary to keep the structure in a usable condition. 3. Repairs to correct unsafe condition in structure. Notwithstanding any other provision of this chapter, the repairs are performed to strengthen or restore to a safe condition the structure or any part thereof that has been declared to be unsafe by a public safety official. The repairs may include improvements to provide fire safety and handicapped access, as provided in section 4.9 (buildings and structures: handicapped access) of this chapter, even though these improvements are not mandatory. 4. Repairs or reconstruction of structure. The repairs or reconstruction are performed on a structure which is damaged as a result of factors beyond the control of the owner or occupant thereof, provided that: (i) the repairs or reconstruction commence within one (1) year, and are completed within two (2) years, from the date of the damage; and (ii) the structure is not enlarged or extended as a result of the repair or reconstruction. D. Change to more restricted nonconforming use. If a nonconforming use is changed to a more restricted nonconforming use, the original nonconforming use shall be deemed to be abandoned and the use shall not thereafter be changed back to the original nonconforming use. For purposes of this subsection, a more restricted nonconforming use is a use whose character is either less nonconforming than the original nonconforming use, or that occupies less area of the lot or the structure or structures in which it is located. E. Effect of change of ownership. A change of the ownership or occupancy of the nonconforming use, the structure, or the lot on which the nonconforming use is located, shall not affect the status of the nonconforming use. F. Termination of nonconforming status. The nonconforming status of a use shall terminate and become unlawful if the use is enlarged or extended, or the structure used for the nonconforming use is enlarged, extended, reconstructed or structurally altered, in a manner not authorized by this section. Upon termination of the nonconforming status, the use of the lot or structure shall immediately comply with the regulations set forth in this chapter applicable to the district in which the use is located. G. Discontinuance of a nonconforming use. A nonconforming use and all uses accessory thereto C:\ProgramData\U nityECM\OldDoclmporter\localcopy.doc shall be discontinued, and any use of the structure or lot shall thereafter comply with the regulations set forth in this chapter applicable to the district in which the use is located, if the nonconforming use is discontinued for more than two (2) years, regardless of whether the use was continuous or seasonal. The two (2) -year period shall not be tolled during any period during which a structure in which the nonconforming use is conducted is extended, enlarged, repaired, reconstructed or altered as provided in this section 6.2. The continuation of a use that is accessory to the nonconforming use during the two -(2) year period shall not continue the nonconforming use. CAProgramData\U nityECM\OldDoclmporter\localcopy.doc