HomeMy WebLinkAboutZTA201300004 Legacy Document 2013-08-27 (5)ALBEMARLE COUNTY CODE
(§ 33.4, Ord. 12-18(7),12-5-12, effective 4 -1 -13 (§ 33.2,12-10-80) (§ 33.4,12- 10 -80; Ord. 03-18(2),3-19-
03) (§ 33.5, 12- 10 -80; Ord. 03- 18(2), 3- 19 -03) (§ 33.6, 12- 10 -80) (§ 33.7, 12- 10 -80, 6- 19 -96; Ord. 01-
18(6), 10 -3 -01) (§ 33.8, 12- 10 -80, 6- 19 -96) (§ 33.8.1, 12- 10 -80, 6- 19 -96; Ord. 01- 18(6), 10 -3 -01) (§
33.8.2, 12- 10 -80, 6- 19 -96) (§ 33.8.3, 12- 10 -80, 6- 19 -96))
State law reference — Va. Code §§ 15.2 -2204, 15.2 -2285, 15.2- 2286(A)(3), (4), (7), (B).
33.5 UNIFORM PROCEDURES FOR SPECIAL EXCEPTIONS
Each application for a special exception shall be subject to the following:
a. Matters requiring a special exception. Notwithstanding any other section of this chapter:
Any request for a waiver, modification, variation or substitution permitted by this chapter
shall be considered and acted upon by the board of supervisors, provided that no special
exception shall be required for the development and construction of residential dwellings
at the use, height and density permitted by right in the applicable district as provided by
Virginia Code § 15.2- 2288.1.
2. Any requirement for a decision by the commission required by this chapter shall be
considered and acted upon by the board of supervisors. For the purposes of this section, a
decision by the commission does not include the consideration and action by the
commission on a preliminary or final site plan under section 32 of this chapter or any
variation or exception provided in section 32.
b. Application. Each application for a special exception shall be made as provided by, and include
the information required by, the applicable section of this chapter authorizing the waiver,
modification, variation or substitution. An application shall be deemed to be officially submitted
when the applicant has submitted all of the required information as determined by the director of
planning.
C. Public hearings. Before the board of supervisors acts on a special exception that would increase
by greater than fifty (50) percent the bulk or height of an existing or proposed building within one-
half mile of an adjoining locality, the commission shall hold at least one public hearing before
making its recommendation to the board on each application. The board shall hold at least one
public hearing before approving an application.
d. Notice of public hearings. Notice of public hearing before the commission and the board of
supervisors on an application for which a public hearing is required under subsection (c) shall be
provided as required by Virginia Code § 15.2- 2204(C).
e. Time for decision. Each application for a special exception shall be acted on by the board of
supervisors within ninety (90) days following the first meeting of the commission after it was
referred to the commission, according to the schedule established and administered by the director
of planning, or concurrently with a zoning map amendment, special use permit, or site plan appeal,
whichever is longer.
f. Recommendation by planning commission. For those applications considered by the commission,
the commission shall either recommend approval of the application as proposed, approval of the
application with changes to be made prior to action on the application by the board of supervisors,
or disapproval. The commission's recommendation should include its recommendations on the
proposed conditions.
g. Action by the board of supervisors. The board of supervisors may either approve the application,
deny the application, or defer action to allow changes to be made prior to final action by the board.
In approving the application, the board may impose conditions as provided in section 33.9.
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h. Judicial review. Any action contesting a decision of the board of supervisors under this section
shall be as provided in Virginia Code § 15.2- 2285(F).
(§ 33.5, Ord. 12- 18(7), 12 -5 -12, effective 4 -1 -13; § 31.8, Ord. 12- 18(1), 2 -8 -12)
State law reference — Va. Code § 15.2- 2286(A)(3), 15.2- 2288.1.
33.6 ZONING TEXT AMENDMENTS AND ZONING MAP AMENDMENTS; RELEVANT
FACTORS TO BE CONSIDERED; EFFECT OF APPROVAL
A zoning text amendment or a zoning map amendment shall be subject to the following:
a. Basis to act. The board of supervisors may amend, supplement, or change the zoning regulations,
district boundaries, or classifications of property whenever the public necessity, convenience,
general welfare, or good zoning practice requires. The commission shall consider these bases
when making a recommendation on an application.
b. Factors to be considered when acting. The commission and the board of supervisors shall
reasonably consider the following factors when they are reviewing and acting upon zoning text
amendments and zoning map amendments: (i) the existing use and character of property; (ii) the
comprehensive plan; (iii) the suitability of property for various uses; (iv) the trends of growth or
change; (v) the current and future requirements of the community as to land for various purposes
as determined by population and economic studies and other studies; (vi) the transportation
requirements of the community; (vii) the requirements for airports, housing, schools, parks,
playgrounds, recreation areas and other public services; (viii) the conservation of natural
resources; (ix) the preservation of flood plains; (x) the protection of life and property from
impounding structure failures; (xi) the preservation of agricultural and forestal land; (xii) the
conservation of properties and their values; and (xiii) the encouragement of the most appropriate
use of land throughout the county.
Additional factors to be considered when acting; application to establish planned
development district. In addition to the other factors relevant to the consideration of a
zoning map amendment, the commission and the board of supervisors shall consider the
following when reviewing an application to establish a planned development district: (i)
whether the proposed planned development satisfies the purpose and intent of the planned
development district; (ii) whether the area proposed to be rezoned is appropriate for a
planned development under the comprehensive plan; and (iii) the relation of the proposed
planned development to major roads, utilities, public facilities and services.
2. Additional factors to be considered when acting; application to amend existing planned
development district. In addition to the other factors relevant to the consideration of a
zoning map amendment, including those in subsections (b) and (b)(1), the commission
and the board of supervisors shall consider the following when reviewing an application
to amend an existing planned development district: (i) whether the proposed amendment
reduces, maintains or enhances the elements of a planned development set forth in section
8.3; and (ii) the extent to which the proposed amendment impacts the other parcels within
the planned development district.
C. Effect of approval. The board of supervisors' approval of a zoning map amendment shall
constitute acceptance of the proffers and also, for any application to establish or amend a planned
development district, approval of the application plan, all standards of development, the code of
development, and any waivers or modifications it has approved by special exception as provided
under section 8.2. The district designation, the accepted proffers, and, if applicable, the approved
application plan, standards of development, and code of development, and, if applicable, the
special exception shall be included as part of the zoning regulations applicable to parcel(s) that
were the subject of the zoning map amendment.
(§ 33.6, Ord. 12- 18(7), 12 -5 -12, effective 4 -1 -13; § 33.9, 12- 10 -80)
State law reference — Va. Code §§ 15.2 -2284, 15.2 -2285, 15.2- 2286(A)(7).
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