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Home My WebLink AboutZTA200700001 Executive SummaryDraft: 05/06/08 ORDINANCE NO. 08 -18( ) 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) No Draft: 05/06/08 4.11.33Develepment approved prior to the eff-eetive date E)f this seetion shall be exempt ftem seetion 4.11.3.1 and shall eemply with the side yafd and I " - _ . afation fegulations of the zoning efdinan i eMet at the time of sueh approval. For- the ptuposes of "s seetion, "development appfeved" shall an: any final subdivision plat approved pttfstiapA to Chapter- 14 E)f the Code of Albefnafle; any ig ofdinanee; of any planned development distfiet established pufsuant to the provis�vixs v' "s efdinancc v . . ofdiee. (Added 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 vards 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 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 (61 feet to any lot ljne: and 4. No structure shall encroach on anv utility, drainage or other easement. nor on anv feature required by this chapter or other applicable law. .......... .. WMA. MM N MI .. M. _ .•. .. _ 0 IN , a PM 4.11.33Develepment approved prior to the eff-eetive date E)f this seetion shall be exempt ftem seetion 4.11.3.1 and shall eemply with the side yafd and I " - _ . afation fegulations of the zoning efdinan i eMet at the time of sueh approval. For- the ptuposes of "s seetion, "development appfeved" shall an: any final subdivision plat approved pttfstiapA to Chapter- 14 E)f the Code of Albefnafle; any ig ofdinanee; of any planned development distfiet established pufsuant to the provis�vixs v' "s efdinancc v . . ofdiee. (Added 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 vards 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 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 (61 feet to any lot ljne: and 4. No structure shall encroach on anv utility, drainage or other easement. nor on anv feature required by this chapter or other applicable law. Draft: 05/06/08 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 pernetual 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 See. 14.3 Area and bulk regulations Area and bulk regulations within the R -2, Residential, district are as follows: 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 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 SideW 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 cha ter 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 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: Draft: 05/06/08 Front 25 feet 25 feet 25 feet 25 feet Side(,) 15 feet 15 feet 15 feet 15 feet Rear 20 feet 20 feet 20 feet 20 feet (a) Minimum side yards sha11 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 n cha ter 14. Amended 1 -1 -83 N/A 4,840 sq ft. N/A —=roved Maximum Front 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: 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 6 du /acre 6 du/acre 9 du/acre 9du /acre Minimum Lot Size (Added 7- 17 -85) 4,356 sq ft 7,260 sq ft N/A 4,840 sq ft. N/A Yards, minimum: Front 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 shall 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 Maximum Structure height 65 feet 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: 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) 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(') 15 feet 15 feet 15 feet 15 feet Rear 20 feet 20 feet 20 feet 20 feet (a) Minimum side yards shall a y 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 cha ter 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) Draft: 05/06/08 I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on A Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas Clerk, Board of County Supervisors 5 2,904 sq ft N/A 2,178 sq ft. N/A Yards, minimum: Front 25 feet 25 feet 25 feet 25 feet Side(,) 15 feet 15 feet 15 feet 15 feet Rear 20 feet 20 feet 20 feet 20 feet (a) Minimum side yards shall 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 (01 feet on one side in zero lot line developments in accordance with section 4.11.3 and are a r v n r hat 14. (Amended 1 -1 -83) Maximum Structure height 65 feet 65 feet 65 feet 65 feet I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on A Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Slutzky Ms. Thomas Clerk, Board of County Supervisors 5