HomeMy WebLinkAboutZTA201300004 Legacy Document 2013-08-27 (4)Draft: 07/17/13
ORDINANCE NO. 13 -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, are hereby
amended and reordained as follows:
By Amending:
Sec. 3.1
Definitions
Sec. 10.2.1
By right
Sec. 12.2.1
By right
Sec. 13.2.1
By right
Sec. 14.2.1
By right
Sec. 15.2.1
By right
Sec. 16.2.1
By right
Sec. 17.2.1
By right
Sec. 18.2.1
By right
Sec. 19.3.1
By right
Sec. 20.3.1
By right
Sec. 20A.6
By right
Sec. 20B.2
By right
By Amending and Renaming:
Sec. 5.1.06 Day care centers, family day Lome
By Adding:
Sec. 5.1.56 Family day homes
Chapter 18. Zoning
Article 1. General Provisions
Sec. 3.1 Definitions
Family day home: A ,
par-dian diffing a paft of a day. A single family d-welling ha-ving five (5) or- fewer- ehildr-en is a single family
reside 4ia tine child day program offered in the dwelling unit of the provider or the dwelling unit that is the home
of any of the children in care for one (1) through twelve (12) children under the age of thirteen (13), exclusive of
the provider's own children and any children who reside in the home, when at least one child receives care for
compensation. For the purposes of this definition, a child day program is a regularly perating service
arrangement for children where, during the absence of a parent or guardian, a person has agreed to assume
Draft: 07/17/13
responsibility for the supervision, protection, and well -being of a child under the age of thirteen (13) for less than
a twenty -four (24) hour period. (Added 10 -3 -01)
(§ 20 -3.1, 12- 10 -80, 7 -1 -81, 12- 16 -81, 2- 10 -82, 6 -2 -82, 1 -1 -83, 7 -6 -83, 11 -7 -84, 7- 17 -85, 3 -5 -86, 1 -1 -87, 6- 10 -87, 12 -2 -87,
7- 20 -88, 12 -7 -88, 11 -1 -89, 6- 10 -92, 7 -8 -92, 9- 15 -93, 8- 10 -94, 10- 11 -95, 11- 15 -95, 10 -9 -96, 12- 10 -97; § 18 -3.1, Ord. 98-
A(1), 8 -5 -98; Ord. 01- 18(6), 10 -3 -01; Ord. 01- 18(9), 10- 17 -01; Ord. 02- 18(2), 2 -6 -02; Ord. 02- 18(5), 7 -3 -02; Ord. 02- 18(7),
10 -9 -02; Ord. 03- 18(1), 2 -5 -03; Ord. 03- 18(2), 3- 19 -03; Ord. 04- 18(2), 10- 13 -04; 05- 18(2), 2 -2 -05; Ord. 05- 18(7), 6 -8 -05;
Ord. 05- 18(8), 7- 13 -05; Ord. 06- 18(2), 12- 13 -06; Ord. 07- 18(1), 7- 11 -07; Ord. 07- 18(2), 10 -3 -07; Ord. 08- 18(3), 6- 11 -08;
Ord. 08- 18(4), 6- 11 -08; Ord. 08- 18(6), 11- 12 -08; Ord. 08- 18(7), 11- 12 -08; Ord. 09- 18(3), 7 -1 -09; Ord. 09- 18(5), 7 -1 -09; 09-
18(8), 8 -5 -09; Ord. 09- 18(9), 10- 14 -09; Ord. 09- 18(10), 12 -2 -09; Ord. 09- 18(11), 12- 10 -09; Ord. 10- 18(3), 5 -5 -10; Ord. 10-
18(4), 5 -5 -10; Ord. 10- 18(5), 5- 12 -10; Ord. 11- 18(1), 1- 12 -11; Ord. 11- 18(5), 6 -1 -11; Ord. 11- 18(6), 6 -1 -11; Ord. 12- 18(3),
6 -6 -12; Ord. 12- 18(4), 7- 11 -12; Ord. 12- 18(6), 10 -3 -12, effective 1 -1 -13; Ord. 12- 18(7), 12 -5 -12, effective 4 -1 -13; Ord. 13-
18(1), 4 -3 -13; Ord. 13- 18(2), 4 -3 -13; Ord. 13- 18(3), 5 -8 -13)
State law reference - Va. Code § 15.2- 2286(A)(4).
Article IL Basic Regulations
Sec. 5.1.06 Day care centerli, family day home
Each day care center shall be subject to the following:
a.
shall be the responsibility of the ewner�oper-ater- to tfaasfait to the zoning administfatef a eopy of the
or-igiaal heense. Failtife te de so shall be deemed willful fioneomplianee with the pfevisiells of this
State licensure. Each day care center shall acquire and maintain the required licensure from the
Virginia Department of Social Services. The owner or operator of the day care center shall provide a copy
of the license to the zoning administrator. The owner or operator's failure to provide a copy of the license
to the zoning administrator shall be deemed to be willful noncompliance with the provisions of this
chapter. (Amended 10 -3 -01)
b. .
Faihir-e to promptly admit the fire offieial for- sueh inspeetion shall be deemed willful noneomplianee
the provisions of this ehapter-7 Inspections by flre official. The Albemarle County fire official is authorized
to conduct periodic inspections of the day care center. The owner or operator's failure to promptly admit
the fire official onto the premises to conduct an inspection in a manner authorized by law shall be deemed
to be willful noncompliance with the provisions of this chapter. (Amended 10 -3 -01)
C. These . . . i supplementar-y a-ad nothing stmed herein shall be deemed to pr-eelude applieati
State -Fire Marsha other - loeal, state ^r federal ^ Relationship to other laws. The provisions
of this section are supplementary to all other laws and nothing herein shall be deemed to preclude
application of the requirements of the Virginia Department of Social Services. Virginia Department of
Health. Virginia State Fire Marshal, or any other local, state or federal acv. (Amended 10 -3 -01)
(§ 5.1.0.6, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01)
See, 5.1.56 Family day homes
Each family day home shall be subject to the following:
Draft: 07/17/13
a. Care for five or fewer children. Each family day home providing care for five (5) or fewer children under
the age of thirteen (13), exclusive of the provider's own children and any children who reside in the
home, shall be regulated as a single - family residential use.
b. Care for more than five but not more than twelve children. Each family day home providing care for more
than five (5) but not more than twelve (121 children under the age of thirteen (131. exclusive of the
provider's own children and any children who reside in the home, shall be subject to the following:
1. Traffic. The additional traffic generated by a familv day home. excluding trips associated
with the dwelling unit, shall not exceed twenty -four (24) vehicle round trips per day. For
the pumoses of this section. a "vehicle round trip" means one vehicle entering and exiting
the site. The limitation on the number of vehicle round trips per day may be waived or
modified by special exception. In acting on a special exception, the board shall consider
whether the waiver or modification of the number of vehicle round trips per day will
change the character of the neighboring agricultural area or the residential neighborhood, as
applicable, and whether the additional vehicle trips per day will be a substantial detriment
to abutting lots. Notice of the application for a special exception shall be posted as provided
in section 33.4(ml(21.
2. Parking. Each family day home shall provide one (1) parking space plus one (1) parking space
for each additional employee. The parking spaces may be located on -site, on the street where
authorized by law, or in a parking lot safe and convenient to the family day home.
3. Entrance and access. In coniunction with each application for a zoning clearance. the
zoning administrator shall identify, if necessar�, the applicable design and improvements
required that are at least the minimum necessary to protect public health and safety by
providing safe ingress and egress to and from the family day home site, safe vehicular and
pedestrian circulation on the site, and the control of dust as deemed appropriate in the
context of the use. The zoning administrator may consult with the county engineer or the
Virginia Department of Transportation regarding the minimum design and improvements
for the entrance and access.
4. State licensure. Each familv day home shall acauire and maintain the reauired licensure from the
Virginia Department of Social Services. The owner or operator of the family day home shall
provide a copy of the license to the zoning administrator. The owner or operator's failure to
provide a copy of the license to the zoning administrator shall be deemed to be willful
noncompliance with the provisions of this chapter.
5. Inspections by fire official. The Albemarle County fire official is authorized to conduct periodic
inspections of the family day home. The owner or operator's failure to promptly admit the fire
official onto the premises and into the dwelling unit to conduct an inspection in a manner
authorized by law shall be deemed to be willful noncompliance with the provisions of this
chanter•
6. Waivers or modifications by special exception. Except as provided in subsection (b)(11, no
requirement of this section may be waived or modified.
7. Zoning clearance and notice of request. No family day home shall commence without a
zoning clearance issued under section 3 1.5. subject to the following:
Draft: 07/17/13
(a). Notice to abutting lot owners. At least thirty (30) days prior to acting on the zoning
clearance, the zoning administrator shall provide written notice of the application
for a zoning clearance to the owner of each abutting lot under different ownership
than the lot on which the proposed family day home would be located. The notice
shall identify the proposed family day home, its size and capacity, its location. and
whether a special exception under subsection (b)(1) is requested. The notice shall
invite the recipient to submit any comments before the zoning clearance is acted
upon. The notice shall be mailed or hand delivered at least thirty (30) days prior to
the action on the zoning clearance. Mailed notice shall be sent by first class mail.
Notice mailed to the owner of each lot abutting the site shall be mailed to the last
known address of the owner, and mailing the notice to the address shown on the
current real estate tax assessment records of the county shall be deemed to be
compliance with this requirement.
bl. Snecial exception. If the zoning administrator receives a written obiection to the
family day home from the owner of an abutting lot within thirty (30) days after the
notice was mailed or delivered, the zoning clearance shall not be approved until
after the applicant obtains a special exception for the family day home as provided
in sections 33.5 and 33.9. In acting on a special exception, the board shall consider
whether the proposed use will be a substantial detriment to abutting lots.
8. Relationship to other laws. The provisions of this section are supplementary to all other laws and
nothing herein shall be deemed to preclude application of the requirements of the Virginia
Department of Social Services. Virginia Department of Health. Virginia State Fire Marshal, or
any other local, state or federal agency_.
(§ 5.1.0.6, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01)
Article III. District Regulations
Sec. 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:
28. Family day homes (reference 5.1.56).
(§ 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)
See. 12.2.1 By right
The following uses shall be permitted by r� i in the VR district, subject to the applicable requirements of this
chapter:
4
Draft: 07/17/13
19. Family day homes (reference 5.1.56).
(§ 20- 12.2.1, 12- 10 -80; 9 -2 -81; 11 -1 -89; 11- 11 -92; Ord. 02- 18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04; Ord. 10-
18(4), 5 -5 -10)
Sec. 13.2.1 By right
The following uses shall be permitted subject to r °M *^ ^Nd limitations of this or-di anee by right in the R -1
district, subject to the applicable requirements of this chanter:
14. Family day homes (reference 5.1.56).
(§ 20- 13.2.1, 12- 10 -80; 9 -2 -81; 11 -1 -89; 5- 12 -93; Ord. 02- 18(6), 10 -9 -02; Ord. 04-18(2),10-13-04)
Sec. 14.2.1 By right
The following uses shall be permitted by right in the R -2
district, subject to the applicable requirements of this chapter:
14. Family day homes (reference 5.1.56).
(§ 20- 14.2.1, 12- 10 -80; 9 -2 -81; 11 -1 -89; 5- 12 -93; Ord. 02- 18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04)
Sec. 15.2.1 By right
The following uses shall be permitted by in the R -4
district, subject to the applicable requirements of this chapter:
16. Family day homes (reference 5.1.56).
(§ 20- 15.2.1, 12- 10 -80; 9 -2 -81; 11 -1 -89; 5- 12 -93; Ord. 02- 18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04)
Sec. 16.2.1 By right
The following uses shall be permitted subject to r-° °„+^ and limitations of this °rain^„°° by right in the R -6
district, subject to the applicable requirements of this chapter:
17. Family day homes (reference 5.1.56).
(§ 20- 16.2.1, 12- 10 -80; 9 -2 -81; 11 -1 -89; 5- 12 -93; Ord. 02- 18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04)
Draft: 07/17/13
Sec. 17.2.1 By right
The following uses shall be permitted °�� get to r° en4s and limitations of this or- din „°° by right in the R-
10 district, subject to the applicable requirements of this chanter:
17. Family day homes (reference 5.1.56).
(§ 20- 17.2.1, 12- 10 -80; 9 -2 -81; 3 -5 -86; Ord. 03- 18(1), 2 -5 -03; Ord. 04- 18(2), 10- 13 -04)
Sec. 18.2.1 By right
The following uses shall be permitted by right in the R-
15 district, subject to the applicable requirements of this chapter:
17. Family day homes (reference 5.1.56).
(§ 18.2.1, 12- 10 -80; 9 -2 -81; 11 -1 -89; Ord. 02- 18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04)
Sec. 19.3.1 By right
The following uses shall be permitted subject to requirements and lifnit tieos of this or-di ° ^°° by right in the
PRD district, subject to the applicable requirements of this chapter:
13. Family day homes (reference 5.1.56).
(§ 20- 19.3.1, 12- 10 -80; 9 -2 -81; 11 -1 -89; 5- 12 -93; Ord. 02- 18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04)
Sec. 20.3.1 By right
The following uses shall be permitted subjeet to r° nos and lifnitations of this °rain°^°° by right in the
PUD district, subject to the applicable requirements of this chapter:
13. Family day homes (reference 5.1.56).
(§ 20- 20.3.1, 12- 10 -80; 9 -2 -81; 11 -1 -89; 5- 12 -93; Ord 02- 18(6), 10 -9 -02; Ord. 04- 18(2), 10- 13 -04; Ord. 13- 18(2),
4 -3 -13)
Sec. 20A.6 Permitted uses
The following uses shall be permitted in an NMD, subject to the regulations in this section and section 8, the
approved application plan and code of development, and the accepted proffers:
6
Draft: 07/17/13
a. By right uses. The following uses are permitted by right if the use is expressly identified as a by right use
in the code of development or if the use is permitted in a determination by the zoning administrator
pursuant to subsection 8.5.5.2(c)(1):
11. Family day homes (reference 5.1.561.
(Ord. 03- 18(2), 3- 19 -03; Ord 04- 18(2), 10- 13 -04; Ord. 09- 18(9), 10- 14 -09; Ord. 10- 18(4), 5 -5 -10; Ord. 13- 18(2),
4 -3 -13)
Sec. 20B.2 Permitted uses
The following uses shall be permitted in the DCD, subject to the regulations in this section:
D. By right uses; residential. The following residential uses are permitted by right, provided that the first
floor of the building in which the residential use exists is designed for and occupied only by a use
permitted by subsections 20B.2(A), (B), (C) or (E):
8. Family day homes (reference 5.1.561.
(Ord. 08- 18(3), 6- 11 -08; Ord. 10- 18(4), 5 -5 -10; Ord. 13- 18(2), 4 -3 -13)
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
Aye ay
Mr. Boyd
Mr. Craddock
Ms. Mallek
Mr. Rooker
Mr. Snow
Mr. Thomas
Clerk, Board of County Supervisors