Loading...
HomeMy WebLinkAboutAP202300003 Correspondence 2023-04-03 (5)wnnlK cx urrlance albemarle, county, 10 virCrinia _In( "r. is 0* T — W91 adopted december lo.. 1980 2.3 CONFLICTING ORDINANCES Whenever provisions within this ordinance conflict with any local, state or federal statute or regulation with respect to requirements or standards, the most severe or stringent requirement or standard shall prevail. For purposes of this section, any proffer heretofore accepted by the Board of Supervisors in accordance with Section 15.1-491.1, et seq., of the code shall be continued in effect and shall be construed to be a "local regulation" until amended or varied by the Board of Supervisors in accordance with law, reqardless of the repealer of any previous zoning ordinance. 2.4 INTENT OF BONUS FACTOR PROVISIONS The provision of bonus factors is intended to encourage development which reflects the goals and objectives of the comprehensive plan. To this end, bonus factors are based on development standards as recommended by the comprehensive plan. 2.4.1 APPLICATION OF BONUS FACTORS Bonus factors shall be applied to the gross density -standard level in accordance with the regulations of the applicable district. Unless otherwise specifically provided, bonus factors shall not be Permitted for any improvement or design feature required by this ordinance, chapter 16 of the Code of Albemarle, or any other applicable law or regulation. Where permitted, bonus factors shall be applied in toto only. 2.4.2 PROCEDURES --GENERALLY Bonus factors may be applied at the time of subdivision or site plan approval, whichever is applicable. The applicant shall submit preliminary alats or site development plans which shall be of sufficient detail to permit preliminary determinations of probable bonus factors by the staff. 7 19.0 PLANNED RESIDENTIAL DEVELOPMENT: PRD 19.1 INTENT, WHERE PERMITTED PRO districts may hereafter be established by amendments to the zoning map in accordance with the provisions set forth generally for PD districts in section 8 and section 33, and with densities and in locations in accordance with the comprehensive plan. The PRD is intended to encourage sensitivity toward the natural character- istics of the site and toward impact on the surrounding area in land development. More specifically, the PRD is intended to promote economical and efficient land use, an improved level of amenities, appropriate and harmonious physical development, and creative design consistent with the best interest of the county and the area in which it is located. To these ends, the PRD provides for flexibility and variety of develop- ment for residential purposes and uses ancillary thereto. Open space may serve such varied uses as recreation, protection of areas sensitive to development, buffering between dissimilar uses, and preservation of agricultural activity. In recognition that development at such densities generally requires careful planning with respect to impact, it is also intended that the PRD be employed in areas where the comprehensive 151an recommends densities in excess of twenty (20) dwelling units per acre. 19 .2 APPLICATION Nothwithstanding the requirements and provisions of Section 8.0 - planned development districts generally, where certain PC or RPN districts have been established prior to the adoption of this ordinance such districts shall be considered to have been established as PRD districts under this ordinance and shall be so designated on the zoning map. 19 .3 PERMITTED USES 19 .3.1 BY RIGHT The following uses shall be permitted subject to the requirements and limitations of this ordinance: 1. Detached single-family dwellings; 2. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses, and patio houses provided that density is maintained and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall; 3. Multiple -family dwellings; 4. Churches; 5. Parks, playgrounds, community centers, and non-commercial recreational and cultural facilities such as tennis courts, swimming pools, game rooms, libraries and the like; 143 6. Electric, gas, oil and communication facilities, excluding multi -legged 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 10 of the Code of Albemarle and all other applicable law; 7. Public uses and buildings such as schools, offices, parks, play- grounds, and roads funded, owned, or operated by local, state or federal agencies ( reference31.2.5 ); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations, and the like, awned and/or operated by the Rivanna Water and Sewer Authority ( reference31.2.5; 5.1.12 ); 8. Temporary construction uses ( reference 5.1.18 ); 9. Accessory uses and structures including Home occupation: Class A ( reference 5.2 ) and storage buildings; 10. Homes for developmentally disabled persons ( reference 5.1.7 )• 19 .3.2 BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit; provided that no separate application shall be required for any such use as shall be included in the original PRD rezoning petition: 1. Day care, child care, or nursery facility ( reference 5.1.6 ); 2. Fire and rescue squads ( reference 5.1.9 ); 3. Rest home, nursing home, convalescent home, orphanage, or similar institution ( reference 5.1.13 ); 4. 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 ( ref- erence 5.1.12 )• 5. Home Occupation Class B ( reference 5.2 ) 19.4 RESIDENTIAL DENSITIES The gross and net residential densities permitted in any PRO district shall be shown on the approved Application Plan therefor, which shall be binding upon its approval. The overall gross density so approved shall be determined by the Board of Supervisors with reference to the Comprehensive Plan, but shall, in no event, exceed 35 dwelling units per acre. In addition, the bonus and cluster provisions of this ordinance shall be inapplicable to any PRD except as herein otherwise expressly provided. 19.5 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT 19.5.1 Minimum area required for the establishment of a PRD district shall be three acres. 19.5.2 Additional area may be added to an established PRD district if it adjoins and forms a logical addition to the approved development. The procedure for an addition shall be the same as if an original application were filed, and all requirements shall apply except the minimum acreage requirement of Section 19.5.1. 144 19.6 MINIMUM AREA REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL USES 19.6.1 Not less than 25% of the area of any PRD shall be in open space, except as hereinafter expressly provided. 19.6.2 RECREATIONAL AREA REQUIREMENTS For any development of thirty (30) dwelling units or more, exceeding four (4) dwelling units per acre in gross density, a minimum of fifty (50) square feet per dwelling unit of recreational area shall be provided on the property. Not more than twenty-five (25) percent of such area shall be provided within buildings. Unless otherwise specifically permitted due to the peculiar nature of a particular development, such area shall be developed proportionately with facilities appropriate to pre-school and elementary school aged children. The commission shall consider the appropriateness of such area for the intended usage in terms of such factors as location, shape, topographic characteristics, compatibility to adjoining uses, accessibility to residents and ease of supervision. 19 .6.3 In the case of any proposed PRD having a total gross area of not less than 300 acres and a gross residential density of not more than 2 dwelling units per acre, the Board of Supervisors may waive the provision of common open space and recreation area as hereinabove required; provided that not less than 35% 0£ the gross area of such proposed PRD shall be devoted solely to agriculture. For purposes of this section only, the term "devoted solely to agriculture" shall be deemed to include not more than one dwelling unit, which shall be included in the determination of the gross density of the PRD. 19 .7 HEIGHT REGULATIONS Unless otherwise provided at time of establishment of a PRD district, structures may be erected to a height of sixty-five (65) feet; provided, that any structure exceeding thirty-five (35) feet in height shall be setback from any street right-of-way or single-family residential or agricultural district, in addition to minimum yard requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty-five (35) feet. Chimneys, flues, cooling towers, flag poles, radio or communication towers or their accessory facilities are excluded from the height limitation contained herein; the setback requirement of thirty-five (35) feet shall apply. Parapet walls are permitted up to four (4) feet above the limited height of the structure on which the walls rest; the setback requirements herein shall apply to parapet walls. 19.8 BUILDING SEPERATION There shall be a minimum of twenty (20) feet between structures; provided that this provision shall not apply to structures built to a common wall. 19 ,9 SETBACK AND YARD REGULATIONS 19 .9.1 Structures to be located on the outer perimeter of a PRD district shall conform to the setback and yard regulations of the adjoining district. 145 19.9.2 Within the PRD district, the Board of Supervisors shall establish minimum setback and yard requirements at time of establishment of such district. 19.10 MINIMUM OFF-STREET PARKING REGULATIONS Off-street parking and loading space requirements shall be in accordance with Section 4.T?a provided that the Board of Supervisors may vary or waive such requirements at time of establishment of a PRD, district. 19 .11 SIGN REGULATIONS Sign regulations shall be as prescribed in Section 4.1 S. 146