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Home My WebLink AboutZTA201300005 Legacy Document 2013-06-18�rRGtNI'' COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ZTA 2013 -05 Inoperable STAFF: McCulley, Burbage, and Kamptner Vehicles PLANNING COMMISSION DATE: June 11, 2013 SUBJECT /PROPOSAL /REQUEST: Work Session — Discussion on amending County Code § 18- 4.12.3, Prohibited activities in parking, stacking and loading areas BACKGROUND: An inoperable vehicle is any motor vehicle, trailer or semitrailer which: (1) is not in operating condition; (2) has been partially or totally disassembled for a period of sixty (60) days or longer by the removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle; or (3) does not display either valid license plates or a valid inspection decal. Certain licensed businesses, such as automobile dealers and scrap dealers, are exempt. The County regulates the storage of inoperable vehicles on property zoned or used for residential purposes, and on property zoned commercial and agricultural under County Code § 9 -500 (police powers) and County Code § 18- 4.12.3 (zoning) (Attachment A: Current Inoperable Vehicle Regulations). The enabling authority under which the County currently regulates inoperable vehicles under its police powers is Virginia Code § 15.2 -904. Section 15.2 -904 allows an unlimited number of inoperable vehicles to be stored on private property outside of a fully enclosed building or structure provided that the vehicles are shielded or screened from view by covers or any other means. Section 15.2 -904 also allows localities to limit the number of inoperable vehicles stored outside that are shielded or screened from view. Currently, the County Code prohibits inoperable vehicles from being parked or stored outside of an enclosed building or structure or otherwise shielded or screened from view on any lot within a residential or agricultural district, and allows up to two inoperable vehicles to be shielded or screened from view by covers. Virginia Code § 15.2 -905 provides broader enabling authority to 17 localities (12 cities and 5 counties) to prohibit the keeping of inoperable motor vehicles outside of a fully enclosed building or structure, or otherwise shielded or screened from view. Both Sections 15.2 -904 and 15.2 -905 provide exceptions for individuals actively engaged in vehicle restoration or repair to keep up to two inoperable vehicles outside of an enclosed building or structure and exempts licensed businesses regularly engaged in automobile repair, sales or salvage from these regulations. In response to concerns raised by neighborhood groups and homeowners associations in the County's urban neighborhoods regarding the impacts arising from storing inoperable vehicles outside, the Board of Supervisors sought and obtained enabling authority for Albemarle County to further regulate inoperable vehicles under Virginia Code § 15.2- 905 (Attachment B: Adopted Legislation to Amend Virginia Code § 15.2 -905). The new enabling authority will become effective on July 1, 2013. On May 8, 2013, the Board adopted a Resolution of Intent to amend County Code § 18- 4.12.3, Prohibited activities in parking, stacking and loading areas, to reflect the impending changes to the State Code (Attachment C: Resolution of Intent, May 8, 2013). DISCUSSION: Citizen complaints from neighborhood groups and homeowners associations informed staff that storing inoperable vehicles outside, whether they are shielded or screened from view or not, is a source of conflict in urban neighborhoods where lot sizes are small. Although an inoperable vehicle stored outside may be screened so as to not be visible by someone standing at ground level, the vehicles may be nonetheless visible from nearby properties and homes. In addition, staff has found situations where storing inoperable vehicles outside on small lots has caused owners to park their operable vehicles on the public street because there was no room to park on -site. Sometimes these public streets are not designed for on- street parking, creating further conflict. Lastly, because vehicles are not subject to setback requirements under the Zoning Ordinance, inoperable vehicles can be stored very close to property lines and close to the abutting lot's improvements or active outdoor areas. The proposed Zoning Ordinance amendments will implement Virginia Code § 15.2 -905 in order to address the impact of storing inoperable vehicles on small lots in residential neighborhoods. The amendments will also correct inconsistencies between County Code § 18- 4.12.3 (Zoning) and County Code § 9 -500 (Motor Vehicles and Traffic) regarding the regulation of inoperable vehicles. Staff recommends prohibiting inoperable vehicles on properties less than five acres and limiting to one the number of inoperable vehicles that may be kept outside of an enclosed building or structure on properties five acres or larger in residential, commercial and agricultural districts. A five acre threshold would protect residential properties within the Development Area as well as in many residential subdivisions in the Rural Area. In staff's research of 14 other localities, two regulate the number of inoperable vehicles based upon the size of the property and five based upon the type of zoning district. (Attachment D: Localities Comparison — Inoperable Vehicle Regulations) In addition, staff is proposing the inclusion of standards that specify how an inoperable vehicle may be "shielded or screened from view" from surrounding properties. Currently, without specific standards, colored plastic tarps may be used as covers for inoperable vehicles and may not provide adequate screening. Proposed standards for screening include a six foot tall by ten foot wide hedge or evergreen planting, an opaque masonry wall or wood fence, or a form - fitted default - free cover specifically designed to shield a vehicle from view. Six of the localities researched included specific screening standards for inoperable vehicles. It is staff's opinion that these proposed amendments will allow the County to more effectively address the potential adverse impacts from storing inoperable vehicle outside, particularly in neighborhoods having small lots. Violations of County Code § 9 -500 are enforced by either pursuing a criminal penalty or by the County's removal of the vehicle after reasonable notice is provided to the owner. Violations of County Code § 18- 4.12.3 are enforced by pursuing civil penalties. In its development of the proposed regulations, staff will examine the effectiveness of the County's current enforcement tools and explore whether a towing program could complement enforcement efforts. FOCUSED DISCUSSION: Staff requests Planning Commission feedback on the following: The threshold for which storing inoperable vehicles outdoors is prohibited. a) Staff recommends that the threshold be based on parcel size, and staff recommends that the threshold be 5 acres in all zoning districts. b) Alternatively, the threshold could be based upon the type of zoning district, such as prohibiting the keeping of inoperable vehicles in any residential district. c) A tiered approach may also be used to restrict the number of inoperable vehicles based upon the type of district and the size of the parcel, such as prohibiting inoperable vehicles in residential districts; allowing one on Rural Area properties smaller than 5 acres; and allowing up to two on Rural Area properties five acres or larger. 2. The introduction of screening standards for keeping inoperative vehicles. a) Staff recommends that acceptable forms of screening include a six foot tall by ten foot wide hedge or evergreen planting, an opaque masonry wall or wood fence, or a form - fitted default -free cover specifically designed to shield a vehicle from view. b) The Planning Commission may wish to modify these standards by prohibiting tarpaulins as acceptable covers for screening inoperative vehicles. RECOMMENDATION: Staff recommends that the Commission direct staff to draft ordinance language and set a date for public hearing. ATTACHMENTS: A: Current Inoperable Vehicle Regulations B: Adopted Legislation to Amend Virginia Code 15.2 -905 C: Resolution of Intent, May 8, 2013 D: Localities Comparison - Inoperable Vehicle Regulations ZTA 2013 -05 Inoperable Vehicles Planning Commission Work Session June 11, 2013