HomeMy WebLinkAboutLZC201300007 Legacy Document 2013-06-10��OF ALA,
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832
Fax (434) 972 -4126
June 10, 2013
McGuireWoods LLP
Attn: Ms. Samantha Connelly
Land Use Planner
901 East Cary Street
Richmond, Virginia 23219
Dear Ms. Connelly:
At your request, we have examined our records with respect to the property located at 75
Farfields Lane, also known as Parcel I.D. Number 06900- 00- 00 -052BO ( "Property A ") and the
unaddressed property, also known as Parcel I.D. Number 06900 -00 -00 -05200 ( "Property B ")
(together, the Properties), and we are pleased to advise you that:
a) The Properties are zoned Rural Areas District ( "RA ") under applicable zoning laws
and ordinances. The RA District permits single - family residential and agricultural
uses on the Properties by right as well as other uses, and certain uses by special
permit as contained in Chapter 18, Section 10 of the Albemarle County Zoning
Ordinance (attached). The RA District does not permit conference or educational
retreat uses, nor are these terms defined in the Zoning Ordinance. The Properties are
located in the Entrance Corridor Overlay District ( "EC ") and may require a
Certificate of Appropriateness from the Architectural Review Board for any new
structure, and associated improvements, or any portion thereof, that are visible from
Rockfish Gap Turnpike. There are no other additional zoning restrictions related to
the Properties.
b) The Properties are not subject to conditions or special limitations imposed in
connection with the zoning or rezoning of the Properties.
c) To the best of my knowledge, the current use of the Properties complies with all
applicable zoning laws and ordinances.
d) Property A and Property B are recognized as separate parcels of land under applicable
subdivision laws and ordinances, may be conveyed, leased, or mortgaged as separate
parcels and currently comply with such subdivision laws and ordinances. Property A
- - -- ------------------------------
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�'IRGIl`11P
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832
Fax (434) 972 -4126
and Property B are not subject to conditions or special limitations imposed in
connection with the subdivision or site plan approval of Property A and Property B.
e) There are no outstanding zoning violations on the Properties, and there are no
pending administrative, legislative or judicial proceedings which would in any
manner adversely affect the status of the current zoning.
Very truly yours,
Sarah D. Baldwin
Senior Planner
Designee to the Zoning Administrator
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 10
RURAL AREAS DISTRICT, RA
Sections:
10.1 INTENT, WHERE PERMITTED (Amended 11 -8 -89; 10 -3 -01)
10.2 PERMITTED USES
10.2.1 BY RIGHT
10.2.2 BY SPECIAL USE PERMIT
10.3 APPLICATION OF REGULATIONS FOR DEVELOPMENT BY RIGHT
10.3.1 CONVENTIONAL DEVELOPMENT (Amended 11 -8 -89)
10.3.3 RURAL PRESERVATION DEVELOPMENT (Added 11 -8 -89)
10.3.3.1 DEFINITIONS (Added 11 -8 -89)
10.3.3.2 INTENT; DESIGN STANDARDS (Added 11 -8 -89)
10.3.3.3 SPECIAL PROVISIONS (Added 11 -8 -89)
10.4 AREA AND BULK REGULATIONS
10.5.2 WHERE PERMITTED BY SPECIAL USE PERMIT
10.5.2.2 MATERIALS TO BE SUBMITTED BY THE APPLICANT
10.1 INTENT, WHERE PERMITTED
This district (hereafter referred to as RA) is hereby created and may hereafter be established by
amendment of the zoning map for the following purposes: (Amended 11 -8 -89)
- Preservation of agricultural and forestal lands and activities;
-Water supply protection;
- Limited service delivery to the rural areas; and
- Conservation of natural, scenic, and historic resources. (Amended 11 -8 -89)
Residential development not related to bona fide agricultural /forestal use shall be encouraged to
locate in the urban area, communities and villages as designated in the comprehensive plan where
services and utilities are available and where such development will not conflict with the
agricultural /forestal or other rural objective. Where development does occur, rural residents
should expect to receive a lower level of service delivery than will be provided to residential
developments in designated growth areas. In relation to residential development,
agricultural /forestal activities shall be regulated only to the extent necessary to protect public
health and safety. (Added 11 -8- 89; Amended 10 -3 -01)
In regard to agricultural preservation, this district is intended to preserve the county's active farms
and best agricultural and forestal lands by providing lot areas designed to insure the continued
availability of such lands for preferential land use tax assessment in order to enhance the economy,
and maintain employment and lifestyle opportunities. In addition, the continuation and
establishment of agriculture and agriculturally- related uses will be encouraged, and landowners
will be encouraged to employ Virginia State Water Control Board best management practices.
(Amended 11 -8- 89)
(§ 10.1, 12-10-80,11-8-89; Ord. 01-18(6),10-3-01)
18 -10 -1
Zoning Supp. #65,1-12-11
ALBEMARLE COUNTY CODE
I.
It is intended that permitted development be restricted to land which is of marginal utility for
agricultural /forestal purposes, provided that such development be carried out in a manner which is
compatible with other purposes of this district. Roadside strip development is to be discouraged
through the various design requirements contained herein. (Amended 11 -8 -89)
10.2 PERMITTED USES
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:
1. Detached single - family dwellings, including guest cottages and rental of the same; provided
that yard, area and other requirements of section 10.4, conventional development by right,
shall be met for each such use whether or not such use is on an individual lot subject to
section 10.3.
2. Side -by -side duplexes subject to the provisions of section 10.4; provided that density is
maintained and provided 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. Other two- family dwellings shall be permitted provided density is
maintained.
3. Agriculture, forestry, and fishery uses except as otherwise expressly provided.
4. Game preserves, wildlife sanctuaries and fishery uses.
5. (Repealed 5 -5 -10)
6. Electric, gas, oil and communication facilities excluding 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 16 of the Code of Albemarle and all other
applicable law. (Amended 5- 12 -93)
7. Accessory uses and buildings including major home occupations (reference 5.2A), minor
home occupations (reference 5.2A), and storage buildings. (Amended 1- 12 -11)
8. Temporary construction uses (reference 5.1.18).
9. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and /or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11 -1 -89)
10. Temporary sawmill (reference 5.1.15 and subject to performance standards in 4.14).
11. Veterinary services - off -site treatment only.
12. Agricultural service occupation (subject to performance standards in 4.14).
13. Divisions of land in accordance with section 10.3.
18 -10 -2
Zoning Supp. #65,1 -12 -11
ALBEMARLE COUNTY CODE
14. Bed and breakfast (reference 5.1.48).
15. Mobile homes, individual, qualifying under the following requirements (reference 5.6):
a. A property owner residing on the premises in a permanent home wishes to place a mobile
home on such property in order to maintain a full -time agricultural employee.
b. Due to the destruction of a permanent home an emergency exists. A permit can be issued
in this event not to exceed twelve (12) months. The zoning administrator shall be
authorized to issue permits in accordance with the intent of this ordinance and shall be
authorized to require or seek any information which he may determine necessary in
making a determination of cases "a" and "b" of the aforementioned uses.
16. Temporary mobile home in accordance with section 5.7. (Amended 11 -8 -89)
17. Fann winery uses authorized under section 5.1.25(a) and (b). (Added 12- 16 -81; Amended 5-
5-10)
18. Borrow area, borrow pit, not exceeding an aggregate volume of fifty thousand (50,000) cubic
yards including all borrow pits and borrow areas on any one parcel of record on the adoption
date of this provision (reference 5.1.28). (Added 7 -6 -83)
19. Mobile homes on individual lots (reference 5.6). (Added 11- 11 -92)
20. Commercial stable (reference 5.1.03). (Added 11- 15 -95)
21. Stonnwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10 -9 -02)
22. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
23. Farm worker housing, Class A (up to ten occupants and up to two sleeping structures)
(reference 5.1.44). (Added 12- 13 -06)
24. County store, Class A (reference 5.1.45). (Added 11- 12 -08)
25. Small wind turbines (reference 5.1.46) (Added 12- 10 -09)
26. Farm sales (reference 5.1.47) (Added 5 -5 -10)
27. Farm stands (reference 5.1.47) (Added 5 -5 -10) .
(§ 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)
10.2.2 BY SPECIAL USE PERMIT
The following uses shall be pennitted by special use permit in the RA district, subject to the
applicable requirements of this chapter: (Added 10 -9 -02; Amended 5 -5 -10)
1. Community center (reference 5.1.04).
2. Clubs, lodges, civic, patriotic, fraternal (reference 5.1.02).
3. Fire and rescue squad stations (reference 5.1.09).
4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16).
18 -10 -3
Zoning Supp. #72, 6 -6 -12
ALBEMARLE COUNTY CODE
5. Private schools.
6. 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.
7. Day care, child care or nursery facility (reference 5.1.06).
8. (Repealed 3 -5 -86)
9. Mobile home subdivisions (reference 5.5).
10. (Repealed 11- 11 -92)
11. (Repealed 3- 15 -95)
12. Horse show grounds, permanent.
13. Custom slaughterhouse.
14. Sawmills, planing mills and woodyards (reference 5.1.15 and subject to performance
standards in 4.14).
15. Group homes and homes for developmentally disabled persons as described in section 15.1-
486.2 of the Code (reference 5.1.07).
16. (Repealed 11- 15 -95)
17. Commercial kennel (reference 5.1.11 and subj ect to performance standards in 4.14).
18. Veterinary services, animal hospital (reference 5.1.11 and subject to performance standards in
4.14).
19. Private airport, helistop, heliport, flight strip (reference 5.1.01).
20. Day camp, boarding camp (reference 5.1.05).
21. Sanitary landfill (reference 5.1.14).
22. Country store, Class B (reference 5.1.45). (Amended 11- 12 -08)
23. Connnercial fruit or agricultural produce packing plants. (Amended 11 -8 -89)
24. (Repealed 11 -8 -89)
25. Flood control dams and impoundments.
26. (Repealed 11 -8 -89)
27. Restaurants and inns that are:
a. Located within an historic landmark as designated in the comprehensive plan, provided:
(i) the structure has been used as a restaurant, tavern or inn; and (ii) the structure shall be
restored as faithfully as possible to the architectural character of the period and shall be
maintained consistent therewith; or
18 -10 -4
Zoning Supp. #72, 6 -6 -12
ALBEMARLE COUNTY CODE
b. Nonconforming uses, provided the restaurant or inn is served by existing water and
sewerage systems having adequate capacity for both the existing and proposed uses and
facilities without expansion of either system. (Amended 11 -8 -89; 10- 18 -00)
28. Divisions of land as provided in section 10.5.2.1. (Amended 5 -5 -04 effective 7 -1 -04)
29. Boat landings and canoe livery.
30. Permitted residential uses as provided in section 10.5.2.1. (Amended 5 -5 -04 effective 7 -1 -04)
31. (Repealed 1- 12 -11)
32. Cemetery.
33. Crematorium.
34. (Repealed 3- 21 -01)
35. Church building and adjunct cemetery.
36. Gift, craft and antique shops.
37. Public garage. (Added 3- 18 -81)
38. Exploratory drilling. (Added 2- 10 -82)
39. Hydroelectric power generation (reference 5.1.26). (Added 4- 28 -82)
40. Borrow area, borrow pit not permitted under section 10.2.1.18. (Added 7 -6 -83)
41. Convent, Monastery (reference 5.1.29). (Added 1 -1 -87)
42. Temporary events sponsored by local nonprofit organizations which are related to, and
supportive of the RA, rural areas, district (reference 5.1.27). (Added 12 -2 -87)
43. Agricultural Museum (reference 5.1.30). (Added 12 -2 -87)
44. Theatre, outdoor drama. (Added 6- 10 -92)
45. Farm sales (reference 5.1.35). (Added 10- 11 -95)
46. Off -site parking for historic structures or sites (reference 5.1.3 8) or off -site employee parking
for an industrial use in an industrial zoning district (reference 5.1.39).
47. Animal shelter (reference 5.1.11). (Added 6- 16 -99).
48. Tier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
49. Historical centers, historical center special events, historical center festivals (reference
5.1.42). (Added 6 -8 -05)
50. Special events (reference 5.1.43). (Added 7- 13 -05)
51. Farm worker housing, Class B (more than ten occupants or more than two sleeping structures)
(reference 5.1.44). (Added 12- 13 -06)
18 -10 -5
Zoning Supp. #65, 1 -12 -11
ALBEMARLE COUNTY CODE
52. Sale of gasoline and other fuels in conjumction with a country store, Class A or Class B
(reference 5.1.45). (Added 11- 12 -08)
53. Farm winery uses authorized under section 5.1.25(c). (Added 5 -5 -10)
54. Farmers' markets (reference 5.1.47). (Added 5 -5 -10)
(§ 20- 10.2.2, 12- 10 -80; 3- 18 -81; 2- 10 -82; 4- 28 -82; 7 -6 -83; 3 -5 -86; 1 -1 -87; 12 -2 -87; 11 -8 -89; 6- 10 -92; 11-
11-92; Ord. 95- 20(1), 3- 15 -95; Ord. 95- 20(3), 10- 11 -95; Ord. 95- 20(5), 11- 15 -95; Ord. 98 -A(1), § 18-
10.2.2, 8 -5 -98; Ord. 99- 18(4), 6- 16 -99; Ord. 00- 18(6), 10- 18 -00; Ord. 01- 18(2), 3- 21 -01; Ord. 02- 18(6),
10 -9 -02; Ord. 04- 18(1), 5 -5 -04 effective 7 -1 -04; Ord.04- 18(2), 10- 13 -04; Ord. 05- 18(7), 6 -8 -05; Ord. 05-
18(8), 7- 13 -05; Ord. 06- 18(2), 12- 13 -06; Ord. 08- 18(7), 11- 12 -08; Ord. 10-18(3),5-5-10; Ord. 10- 18(4), 5-
5-10; Ord. 11-18(l),1-12-11)
10.3 APPLICATION OF REGULATIONS FOR DEVELOPMENT BY RIGHT
The following provisions shall apply to any parcel of record at 5:15 p.m., the tenth day of
December, 1980 (reference 6.5). (Amended 11- 8 -89)
10.3.1 CONVENTIONAL DEVELOPMENT (Amended 11 -8 -89; 6- 14 -00)
Regulations in section 10.5 governing development by right shall apply to the division of a parcel
into five (5) or fewer lots of less than twenty -one (2 1) acres in area and to the location of five (5)
or fewer dwelling units on any parcel in existence at the time of adoption of this ordinance
(reference section 1.3). The aggregate acreage devoted to such lots or development shall not
exceed thirty-one (3 1) acres, except in such case where this aggregate acreage limitation is
precluded by other provisions of this ordinance. The second sentence of this provision shall not be
applicable to land divided between the effective date of this ordinance (reference section 1.3) and
November 8, 1989. (Amended 11 -8 -89; 9 -9 -92; 6- 14 -00)
10.3.2 In addition to the foregoing, there shall be permitted by right any division of land into parcels each
of which shall be twenty -one (21) acres or more in area. No such parcel shall be included in
determining the number of parcels which may be created by right pursuant to section 10.3.1;
provided that (a) no such division shall affect the number of parcels which may be divided
pursuant to section 10.3.1; (b) there may be located not more than one (1) dwelling unit on any
parcel created pursuant to this section; (c) at the time of any such division, the owner of the parcel
so divided shall designate the number of parcels into which each parcel so divided may be further
divided pursuant to section 10.3.1 together with aggregate acreage limitations in accordance with
section 10.3.1; and (d) no such division shall increase the number of parcels which may be created
pursuant to section 10.3.1. (Amended 9 -9 -92)
10.3.3 RURAL PRESERVATION DEVELOPMENT (Added 11 -8 -89)
10.3.3.1 DEFINITIONS
The following definitions shall apply to any rural preservation development created under section
10.3.3: (Amended 10 -3 -01)
a. Development Lot: A lot within a rural preservation development, other than a rural
preservation tract, created for the purpose of residential or other permitted usage.
b. Rural Preservation Development: A subdivision of land consisting of development lots
together with a rural preservation tract.
c. Rural Preservation Tract: A lot, the usage and diminishment of which is restricted and
protected by legal arrangements to insure its maintenance and preservation for the purpose of:
18 -10 -6
Zoning Supp. 465,1-12-11
ALBEMARLE COUNTY CODE
preservation of agricultural and forestal land and activity; water supply protection; and /or
conservation of natural, scenic or historic resources.
Q 10.3.3.1, 11 -8 -89; Ord. 01- 18(6), 10 -3 -01)
10.3.3.2 INTENT; DESIGN STANDARDS (Added 11 -8 -89)
The rural preservation development option is intended to encourage more effective land usage in
terms of the goals and objectives for the rural areas as set forth in the comprehensive plan than can
be achieved under conventional development. To this end, application for rural preservation
development shall be reviewed for:
a. Preservation of agricultural and forestal lands and activities;
b. Water supply protection; and/or
c. Conservation of natural, scenic or historic resources.
More specifically, in accordance with design standards of the comprehensive plan and where
deemed reasonably practical by the commission:
d. Development lots shall not encroach into prime, important or unique agricultural or forestal
soils as the same shall be shown on the most recent published maps of the United States
Department of Agricultural Soil Conservation Service or other source deemed of equivalent
reliability by the Soil Conservation Service;
e. Development lots shall not encroach into areas of critical slope or flood plain and shall be
situated as far as possible from public drinking water supply tributaries and public drinking
water supply impoundments;
f. Development lots shall be so situated and arranged as to preserve historic and scenic settings
deemed to be of importance to the general public and natural resource areas whether such
features are on the parcel to be developed or adjacent to such parcel;
18- 10 -6.1
Zoning Supp. #60, 5 -5 -10
ALBEMARLE COUNTY CODE
g. Development lots shall be confined to one area of the parcel and shall be situated so that no
portion of the rural preservation tract shall intrude between any development lots;
h. All development lots shall have access restricted to an internal street in accordance with
Chapter 14 of the Code of Albemarle;
i. Nothing stated herein shall be deemed to obligate the commission to approve a rural
preservation development upon finding in a particular case that such proposal does not
forward the purposes of rural preservation development as set forth hereinabove and that the
public purpose to be served would be equally or better served by conventional development.
10.3.3.3 SPECIAL PROVISIONS
In addition to design standards as set forth in section 10.3.3.2 and other regulation, the following
special provisions shall apply to any rural preservation development:
a. The maximum number of lots within a rural preservation development shall be the same as
may be achievable pursuant to section 10.3.1 and section 10.3.2 and other applicable law.
Each rural preservation tract shall count as one (1) lot. hi the case of any parcel of land
which, prior to application for rural preservation development, has been made subject to a
conservation, open space or other similar easement which restricts development on the parcel,
the total number of lots available for rural preservation development shall not exceed the
number available for conventional development as limited by any such previously imposed
easement or easements;
b. Section 10.3.3.3.a notwithstanding, no rural preservation development shall contain more than
twenty (20) development lots;
c. Provisions of section 10.3.3, rural preservation development, shall be applied to the entire
parcel. Combination of conventional and rural preservation development within the parcel
shall not be permitted, provided that the total number of lots achievable under section 10.3.1
and section 10.3.2 shall be permitted by authorization of more than one (1) rural preservation
tract. Nothing contained herein shall be deemed to preclude the director of current
development and zoning from approving a rural preservation development for multiple tracts
of adjoining land, or on land divided or otherwise altered prior to the effective date of this
provision; provided that, in either case, the provisions of section 10.3.3 shall be applicable;
d. The area devoted to development lots together with the area of roadway necessary to provide
access to such lots shall not exceed the number of development lots multiplied by a factor of
six (6) expressed in acres;
e. No rural preservation development shall contain less than one (1) rural preservation tract. The
director of current development and zoning may authorize more than one (1) rural
preservation tract in a particular case pursuant to the various purposes of rural preservation
development as set forth in section 10.3.3.2 or in accord with section 10.3.3.3.c, as the case
may be;
f. No rural preservation tract shall consist of less than forty (40) acres. Except as specifically
permitted by the director of current development and zoning at time of establishment, not
more than one (1) dwelling unit shall be located on any rural preservation tract or
development lot. No rural preservation tract shall be diminished in area. These restrictions
shall be guaranteed by perpetual easement accruable to the County of Albemarle and the
public recreational facility authority of Albemarle County in a form acceptable to the board.
In accordance with Chapter 14 of the Code of Albemarle, the director of planning and
community development shall serve as agent for the board of supervisors to accept such
easement. Thereafter, such easement may be modified or abandoned only by mutual
agreement of the grantees to the original agreement;
18 -10 -7
Zoning Supp. #77,4-1-13
ALBEMARLE COUNTY CODE
g. Each application for a rural preservation development is subject to the review and approval of
the director of current development and zoning.
(§ 20- 10.3.3.3, 11 -8 -89; § 18- 10.3.3.3, Ord. 98 -A(1), 8 -5 -98; Ord. 04- 18(1), 5 -5 -04 effective 7 -1 -04)
10.4 AREA AND BULK REGULATIONS
Area and bulk regulations within the RA, rural areas, zoning district are as follows:
REQUIREMENTS
DIVISIONS BY
DIVISIONS BY SPECIAL USE
RIGHT
PERMIT
(Amended 8 -14-
(Amended 8- 14 -85)
85)
Gross density
0.5 du/ac
0.5 du /ac
Minimum lot size
2.0 acres
2.0 acres
Minimum frontage
existing public
roads
250 feet
250 feet
Minimum frontage
internal public
or private roads
150 feet
150 feet
Yards, minimum:
Front (existing public roads)
75 feet
75 feet
Front (internal public or
private road)(Amended 11- 13 -91)
25 feet
25 feet
Side
25 feet
25 feet
Rear
35 feet
35 feet
Maximum
structure
height
35 feet
35 feet
(§ 20 -10.4, 12- 10 -80; 8- 14 -85; § 18 -10.4, Ord. 98 -A(l), 8 -5 -98; Ord. 08- 18(7), 11- 12 -08)
10.5 SPECIAL PROVISIONS FOR MULTIPLE SINGLE - FAMILY DWELLING UNITS
10.5.1 LIMITATIONS ON DIVISIONS PERMITTED BY RIGHT
Divisions of land shall be permitted as provided hereinabove; except that no parcel of land of
record on the date of the adoption of this ordinance may be divided into an aggregate of more than
five (5) parcels except as provided in section 10.3.2 and section 10.5.2 hereof nor shall there be
constructed on any such parcel an aggregate of more than five (5) units.
(§ 10.5.1, 12- 10 -80; 11 -8 -89)
10.5.2 WHERE PERMITTED BY SPECIAL USE PERMIT
The board of supervisors may issue a special use permit for more lots than the total number
permitted under sections 10.3.1 and 10.3.2; provided that no such permit shall be issued for
property within the boundaries for the watershed of any public water supply reservoir, and further
provided that no such permit shall be issued to allow more development lots within a proposed
rural preservation development than that permitted by right under section 10.3.3.3(b).
The board of supervisors shall determine that such division is compatible with the neighborhood
as set forth in section 33.8 of this chapter, with consideration of the goals and objectives of the
18 -10 -8
Zoning Supp. #77,4-1-13
ALBEMARLE COUNTY CODE
comprehensive plan relating to rural areas including the type of division proposed and,
specifically, with consideration of the following:
1. The size, shape, topography and existing vegetation of the property in relation to its suitability
for agricultural or forestal production as evaluated by the United States Department of
Agriculture Natural Resources Conservation Service or the Virginia Department of Forestry.
2. The actual suitability of the soil for agricultural or forestal production as the same is shown on
the most recent published maps of the United States Department of Agriculture Natural
Resources Conservation Service or other source deemed of equivalent reliability by the
Natural Resources Conservation Service.
3. The historic commercial agricultural or forestal uses of the property since 1950, to the extent
that is reasonably available.
4. If located in an agricultural or forestal area, the probable effect of the proposed development
on the character of the area. For the purposes of this section, a property shall be deemed to be
in an agricultural or forestal area if fifty (50) percent or more of the land within one (1) mile
of the border of such property has been in commercial agricultural or forestal use within five
(5) years of the date of the application for special use permit. In making this determination,
mountain ridges, major streams and other physical barriers which detract from the
cohesiveness of an area shall be considered.
5. The relationship of the property in regard to developed rural areas. For the purposes of this
section, a property shall be deemed to be located in a developed rural area if fifty (50) percent
or more of the land within one (1) mile of the boundary of such property was in parcels of
record of five (5) acres or less on the adoption date of this ordinance. In making this
determination, mountain ridges, major streams and other physical barriers which detract from
the cohesiveness of an area shall be considered.
6. The relationship of the proposed development to existing and proposed population centers,
services and employment centers. A property within areas described below shall be deemed in
proximity to the area or use described:
a. Within one mile roadway distance of the urban area boundary as described in the
comprehensive plan;
b. Within one -half mile roadway distance of a conummity boundary as described in the
comprehensive plan;
c. Within one -half mile roadway distance of a village as described in the comprehensive
plan.
7. The probable effect of the proposed development on capital improvements programining in
regard to increased provision of services.
8. The traffic generated from the proposed development would not, in the opinion of the
Virginia Department of Transportation:
a. Occasion the need for road improvement;
b. Cause a tolerable road to become a nontolerable road;
c. Increase traffic on an existing nontolerable road.
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ALBEMARLE COUNTY CODE
(§ 20- 10.5.2.1, 12- 10 -80; 11 -8 -89; §18- 10.5.2.1, Ord. 98 -A(1), 8 -5 -98; Ord. 04- 18(1), 5 -5 -04 effective 7 -1-
04; §10.5.2, Ord. 12-18(4),7-11-12; Ord. 12-18(7),12-5-12, effective 4 -1 -13)
State law reference -Va. Code §§ 15.2 -2280, 15.2 -2286
10.5.2.1 (Repealed 7- 11 -12)
10.5.2.2 MATERIALS TO BE SUBMITTED BY THE APPLICANT
The commission and the board of supervisors may require the applicant to submit such
information as deemed necessary for the adequate review of such application provided that such
information shall be directly related to items 1, 2, 3 and 9 of section 10.5.2.1.
(§ 10.5.2.2, 12- 10 -80)
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