HomeMy WebLinkAboutZTA201300005 Legacy Document 2013-10-23 (4)Planning Commission — August 6, 2013
Final Action Memo
FINAL ACTIONS
Planning Commission Meeting of August 6, 2013
AGENDA ITEM /ACTION
FOLLOW -UP ACTION
1.
Call to Order.
Meeting was called to order at 6:00 p.m. by Mr.
Morris, Chair. PC members present were Mr.
Loach, Mr. Morris, Mr. Lafferty, Vice - Chair; Mr.
Franco, and Mr. Randolph. Mr. Smith and Mr.
Dotson were absent. Ms. Monteith was absent.
Staff present was Megan Yaniglos, Rebecca
Ragsdale, Amanda Burbage, Amelia McCulley,
David Benish, Sharon Taylor, and Greg
Kamptner.
2.
From the Public: Matters Not Listed for Public
Staff:
Hearing on the Agenda.
None
Doug Arrington, questioned why finishing the
comp plan is more important than figuring out
projects and costs on a doable basis since he felt
that development and planning development
should follow infrastructure. He asked what a
floating district is.
3.
Committee Reports
Staff:
None
None
4.
Consent Agenda
Clerk:
Approval of Minutes: April 16, 2013 and May 28,
Finalize Minutes for signature —
2013
4 -16 -13 & 5 -28 -13
APPROVED CONSENT AGENDA, by a vote of 5:0.
5.
Regular Item
Clerk:
Action Letter — Approved SUB -
SUB- 2013 -00081 Houndstooth — Preliminary
2013 - 00081, by a vote of 5:0
PROPOSED: Request for preliminary subdivision
with the conditions
approval to create five single family lots on 13.76
recommended by staff shown
acres in the Rural Areas.
in Attachment 1.
ZONING CATEGORY /GENERAL USAGE: Rural
Note: A Commissioner noted
Areas (RA)- agricultural, forestall, and fishery uses;
the importance of the meeting
residential density (0.5 unit /acre in development lots)
between the applicant and
SECTION: Chapter 14 Section 206 of the
neighbors to be held soon.
Subdivision Ordinance
This matter does not require
COMPREHENSIVE PLAN LAND USE /DENSITY:
approval by the Board of
Rural Area in Rural Area 1
Supervisors.
ENTRANCE CORRIDOR: No
LOCATION: 2865 Free Union Road (State Route
601)
TAX MAP /PARCEL: 04300 -00 -00 -03800
MAGISTERIAL DISTRICT: Jack Jouett
(Megan Yaniglos)
APROVED OF SUB - 2013 - 00081, by a vote of 5:0
Planning Commission — August 6, 2013
Final Action Memo
with the conditions recommended by staff, as
amended, shown in Attachment 1.
6. Deferred Item
Clerk:
Action Letter — Recommend
ZTA- 2011 -00006 Phase I Noise Amendments
approval of ZTA- 2011 - 00006,
Amend Secs. 4.18.01, Applicability, and Sec. 4.18.05,
by a vote of 5:0, of the draft
Exempt sounds, of Chapter 18, Zoning, of the
ordinance found in Attachment
Albemarle County Code. This ordinance would
D recommended by staff as
amend Sec. 4.18.01 to clarify that the noise
shown in Attachment 2.
regulations in Sec. 4.18 apply to those uses and
RECOMMEND staff to
activities authorized by the Zoning Ordinance and do
consider incorporating the
not apply to exempt sounds under Sec. 4.18.05 and
suggestions /comments in
sounds expressly regulated under County Code § 7-
Chapter 7 Noise Regulations
100 et seq.; and amend Sec. 4.18.05 to state the
as outlined in Attachment 2.
exemptions in a manner consistent with the
The matter will be forwarded to
exemptions in County Code § 7 -106. The full text of
the Board of Supervisors to be
the ordinance is available for examination by the
heard on a date to be
public in the offices of the Clerk of the Board of
determined with a
Supervisors and in the Department of Community
recommendation for approval.
Development, County Office Building, 401 McIntire
Road, Charlottesville, Virginia.
DEFERRED FROM THE JULY 16, 2013 PLANNING
COMMISSION MEETING
(Amelia McCulley)
RECOMMEND APPROVED OF ZTA- 2011 - 00006, by
a vote of 5:0, of the draft ordinance found in
Attachment D recommended by staff shown in
Attachment 2.
RECOMMEND staff to consider incorporating the
suggestions /comments in Chapter 7 Noise
Regulations as outlined in Attachment 2
6a. Public Hearing Items
Clerk:
Action Letter — Recommend
ZTA- 2013 -00004 Family Day Homes
approval of ZTA- 2013 - 00004,
Amend Secs. 3.1, Definitions, 5.1.06, Day care
by a vote of 5:0, of the draft
centers, family day homes, 10.2.1, By right (RA),
ordinance found in Attachment
12.2.1 By right (VR), 13.2.1, By right (R -1), 14.2.1, By
III recommended by staff
right (R -2), 15.2.1, By right (R -4), 16.2.1, By right (R-
shown in Attachment 3.
6), 17.2.1, By right (R -10), 18.2.1, By right (R -15),
The matter will be forwarded to
19.3.1, By right (PRD), 20.3.1, By right (PUD), 20A.6,
the Board of Supervisors to be
Permitted uses (NMD), and 20B.2, Permitted uses
heard on a date to be
(DCD) of, and add Sec. 5.1.06A, Family day homes
determined with a
to, Chapter 18, Zoning, of the Albemarle County
recommendation for approval.
Code. This ordinance would amend Sec. 3.1 to revise
the definition of "family day home," amend Sec.
5.1.06, to reorganize the section and revise it to apply
only to day care centers but not family day homes,
add Sec. 5.1.06A to establish regulations and
performance standards for family day homes
providing care for 6 to 12 children related to traffic
Planning Commission — August 6, 2013
Final Action Memo
generation, parking, entrance and access, State
licensure, and fire official inspections, and establish
procedures for the review and approval of family day
homes, and amend the district regulations delineated
above (10.2.1 through 20B.2) to allow family day
homes as a by right use subject to the substantive
and procedural requirements of Sec. 5.1.06A. A copy
of the full text of the ordinance is on file in the office of
the Clerk of the Board of Supervisors and in the
Department of Community Development, County
Office Building, 401 McIntire Road, Charlottesville,
Virginia. (Rebecca Ragsdale)
RECOMMEND APPROVED OF ZTA- 2013 - 00004, by
a vote of 5:0, of the draft ordinance found in
Attachment III recommended by staff as shown in
Attachment 3.
6b. ZTA- 2013 -00005 Inoperative Vehicle Ordinance
Clerk:
Amend Secs. 3.1, Definitions, 4.12.3, Prohibited
Action Letter — Indefinitely
activities in parking, stacking and loading areas,
deferred ZTA- 2013 - 00005.
4.15.7, Prohibited signs and sign characteristics, of
Staff asked to do further
Chapter 18, Zoning, of the Albemarle County Code.
research on the concerns
This ordinance would amend Sec. 3.1 to add
raised about setbacks, number
definitions related to the regulation of inoperable
of inoperable vehicles, etc. as
vehicles; amend Sec. 4.12.3 regarding parking or
discussed by the Commission.
storing inoperable vehicles, reducing the number of
Staff to schedule PC hearing at
inoperable vehicles from 2 to 1 that may be stored
a date to be determined to
outside of a fully enclosed building on lots less than 5
bring back additional
acres having a Rural Areas or a residential zoning
information.
designation (with a limited exception for active vehicle
restoration or repair), and requiring that businesses
authorized to keep inoperable vehicles outside of a
fully enclosed building do so only in the location
designated for that use on an approved site plan; and
amend Sec. 4.15.7 to clarify the reference to
inoperable vehicles. A copy of the full text of the
ordinance is on file in the office of the Clerk of the
Board of Supervisors and in the Department of
Community Development, County Office Building,
401 McIntire Road, Charlottesville, Virginia.
(Mandy Burbage)
INDEFINITELY DEFERRED ZTA- 2013 - 00005, by a
vote of 5:0. Staff requested to do further research on
several issues and concerns as discussed for further
consideration.
7. Old Business
Staff:
None
None
8. New Business
Staff:
Open House on Critical Slopes to be held on
PC requested time of open
August 13th.
house next Tuesday and where it
is posted on website.
Planning Commission — August 6, 2013
Final Action Memo
9. The Commission adjourned to August 13, 2013,
6:00 p.m., County Planning Commission Meeting,
401 McIntire Road, Charlottesville, Virginia.
The meeting was adjourned at 8:39 p.m.
Attachment 1 — SUB - 2013 -00081 Houndstooth — Preliminary — Conditions of Approval
Attachment 2 — ZTA- 2011 -00006 Phase I Noise Amendment Work Session —
Recommendation
Attachment 3 — ZTA- 2013 -00004 Family Day Homes Work Session — Recommendation
Planning Commission — August 6, 2013 4
Final Action Memo
ATTACHMENT 1 —
SUB - 2013 - 000081 Houndstooth — Preliminary - Conditions of Approval:
The final subdivision plat shall not be signed until the following conditions have been met:
Planning approval to include:
❑ The plat shall be subject to the requirements of Section 14 -303 (Contents of final plat),
as identified on the "Final Subdivision Checklist" which is available from the Community
Development Department;
❑ Fire and Rescue approval of final plat
VDOT approval to include:
❑ Additional detail will be necessary on the road plans for this project. Information such as
the road profile, sight lines, edge or pavement for Free Union Road, drainage
calculations, etc. will need to be included with the road plans.
❑ Reference to sight distance being found adequate by VDOT staff needs to be removed
from future plats and road plans. The surveyor /engineer of record is responsible for
determining sight distance which will be verified during the review process by VDOT.
Engineering approval to include:
❑ The plan must meet all engineering requirements of the Water Protection, Subdivision,
and Zoning Ordinances in addition to all engineering standards detailed in the County's
Design Manual.
Note: A Commissioner noted the importance of the meeting between the applicant and
neighbors to be held soon.
Planning Commission — August 6, 2013
Final Action Memo
ATTACHMENT 2 —
ZTA- 2011 -00006 Phase I Noise Amendment Work Session — Recommendation
Several Commissioners asked staff to consider incorporating the following
suggestions /comments in the Chapter 7 Noise Regulations:
Concern expressed about the audibility enforcement standard saying "from inside a
dwelling unit" and suggested that it say "from inside a habitation unit" instead of calling it
a dwelling and hopefully in most situations noise would not actually interfere with the
behavior and the condition of animals.
Suggestion — "that not within 100 feet of the property line but either inside or in the
proximity to the home" so that essentially someone could use their patio or deck area
that would be along the same lines as the primary dwelling unit.
The Planning Commission, by a vote of 5:0, recommends adoption of the draft ordinance found
in Attachment D as recommended by staff.
ORDINANCE NO. 13 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC 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 II, Basic Regulations, is hereby amended and reordained as follows:
By Amending:
Sec. 4.18.01 Applicability
Sec. 4.18.02 Definitions
Sec. 4.18.05 Exempt sounds
Chapter 18. Zoning
Article II. Basic Regulations
Sec. 4.18.01 Applicability
This section 4.18 shall apply to sound generated from produced by any IaPA use authorized b
this chanter. includina anv use that is exDressly authorized by a Droffer. special use permit.
special use permit condition, or a standard in a code of development, except as otherwise
provided in section 4.18.05 within Albemarle CO Rty, regardless of whether the property in the
receiving zone is within or without Albemarle County.
(Ord. 00- 18(3), 6- 14 -00)
State law reference — Va. Code § 15.2 -2280.
Planning Commission — August 6, 2013
Final Action Memo
Sec. 4.18.02 Definitions
The following definitions shall apply to this section 4.18. The definitions of any sound - related
term not defined herein shall be obtained from the American Standard Terminology if defined
therein.
Aaricultural activitv. The term "aaricultural activitv" means a lawfully permitted activitv Dertainin
to horticulture, viticulture, or gardening including, but not limited to: tilling soil for raising crops:
keening livestock, poultry, or both: operating agricultural industries or businesses, including. but
not limited to, orchards, fruit packing plants, dairies, nurseries, farm sales, farm stands and
farmers' markets: or any combination of the foregoing activities.
Place of public entertainment. The term "Dlace of Dublic entertainment" means a buildina or
her place used primarily as a cinema, theater, amphitheater, concert hall. Dublic hall. dance
hall, restaurant or other place of entertainment open to the public, but not including a music
festival authorized by a special use permit, regardless of whether the payment of money or
other consideration is required for admission.
Sec. 4.18.05 Exempt sounds
The following sounds shall not be subject to this section 4.18:
A. Agricultural activities. Sound produced by an agricultural activity.
AB. Animals. Sounds generated from animals ingli ding but not limited to harking degc
Sound produced by animals including, but not limited to, barking dogs: provided that this
sound is otherwise subject to the animal noise regulations in chapter 4 of the Code.
EC. Ghumh bells r^h. SA•dsgeReFated by GhUFGh or nhimes Bells or chimes
from place of religious worship. Sound produced by bells. chimes or other similar
instruments or devices from a place of religious worship.
GD. Construction, demolition and /or maintenance activities. Sounds generated from Sound
produced by construction, demolition and /or maintenance activities between 7= a.m.
provided that this sound is otherwise subject to the noise regulations in
chapter 7 of the Code.
DE. Emergency operations. Sound mated produced in the performance of emergency
operations including, but not limited to, audible signal devices which are employed as
warning or alarm signals in case of fire, collision or imminent danger, and sounds
generated or sound produced by power generators during power outages and other
emergency situations.
EF. Firearms. Se ends generated from Sound produced by the lawful discharge of a firearm;
provided that this exemption shall not apply to gun ^lu bs gr sheeting ranges nor to a
firearms discharged at a gun club, or a shooting range shooting preserve, or target. trap
or skeet range.
Planning Commission — August 6, 2013 7
Final Action Memo
G. Home appliances. Sound produced by the normal use of home appliances such as
generators, air conditioners, heat pumps, vacuum cleaners, washing machines, dryers
and dishwashers, provided that the appliances are in good repair.
H. Outdoor amplified music or outdoor public address systems. Sound produced by an
outdoor amplified music system or outdoor public address system: provided that sound
from outdoor amplified music at a farm winery is otherwise subject to the farm winery
regulations in section 18- 5.1.25(e), sound produced in conjunction with an outdoor music
festival authorized by special use permit under this chapter shall be subject to the noise
regulations in this chapter, and sound produced by an outdoor amplified music system or
outdoor public address system, including any system used in conjunction with an
agricultural activity, is subject to the noise regulations in chapter 7 of the Code.
R. Parades, fireworks and similar events. L'ni inrds generated from Sound produced by
parades, fireworks, and other events - determi d to be similar by the ZORiRg
administrator prior +hero+„ and other similar events which are officially sanctioned, if
required: provided that the exemption for fireworks shall apply only to fireworks displays
my issued a permit pursuant to chapter 6 of the Code.
J. Person's voice. Sound produced by a person's voice.
K. Place of public entertainment. Sound produced by a radio, tape player, television
receiver, musical instrument, electronic sound amplification equipment, phonograph.
compact disc player. MP3 player, or other similar device intended primarily for the
production or reproduction of sound (hereinafter, collectively and singularly a "device ") a
a place of public entertainment: provided that this sound is otherwise subject to the noise
regulations in chapter 7 of the Code.
GL. Protected expression. And ethe Sound produced by any lawful activity which constitutes
protected expression pursuant to the First Amendment of the United States Constitution,
but not amplified expression.
HM. Public facilities and public uses. Sounds generated frornSound produced by the
operation of a public facility or public use or aGtiVit including, but not limited to, sounds
generated from srheel athletic rentests nr nrartiros e rd an ether wheel activities any
sound which would not be an exempt sound if it was produced by the operation of a non-
public facility or non - public use.
N. School athletic contests or practices, and other school activities: private schools. Sound
produced by private school athletic contests or practices, and other private school
activities.
JO. Silvicultural or agr4GWtu activities. Sounds generated Sound produced during lawfully
permitted bona fide silvicultural or anriG ilti ira' activities including, but not limited to,
logging activities and SGURd° Gai use d by liveste *: provided that this sound is otherwise
subject to the noise regulations in chapter 7 of the Code.
P. Solid waste collection. Sound produced by the collection of solid waste: provided that
this sound is otherwise subject to the noise regulations in chapter 7 of the Code.
Planning Commission — August 6, 2013
Final Action Memo
Q. Telephones. Normal sound produced by landline and wireless telephones.
KR Transienf sel4p & from t Transportation. TraRsi °n+ °°„n,I° g °n °r° Transient sound
produced by transportation including, but not limited to, public and private airports
(except as otherwise regulated), aircraft, railroads and other means of public transit, and
sound produced by motor vehicles and motorcycles.
LS. Warning devices.SGURds generated Sound produced by a horn or warning device of a
vehicle when used as a warning device, including back -up alarms for trucks and other
equipment.
MT. Yard maintenance activities. Sounds generated frern Sound produced by routine yard
maintenance activities including, but not limited to, mowing, trimming, clipping, leaf
blowing and snow blowing provided that this sound is otherwise subject to the noise
regulations in chapter 7 of the Code.
(Ord. 00- 18(3), 6- 14 -00)
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
Clerk, Board of County Supervisors
Ave Nay
Mr. Boyd
Mr. Craddock
Ms. Mallek
Mr. Rooker
Mr. Snow
Mr. Thomas
Planning Commission — August 6, 2013
Final Action Memo
ATTACHMENT 3 —
ZTA- 2013 -00004 Family Day Homes
The Planning Commission, by a vote of 5:0, recommends approval of the draft ordinance in
Attachment III for ZTA- 2013 -00004 Family Day Homes.
Attachment 111
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 home
By Adding:
Sec. 5.1.56 Family day homes
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
Planning Commission — August 6, 2013 10
Final Action Memo
Family day home: A dwelling here Gare nretestien aR d g iiydanne is provided to a group of
family, more than five (5) Ghildren under the age of thirteen (13), eXGlusive of the provider's
haVino fiVe (5) or feWer nhilydren is a siRgle_ family residential use 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 operating service arrangement for children where, during the absence of a parent or
guardian, a person has agreed to assume 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 II. Basic Regulations
Sec. 5.1.06 Day care centers, family day home
Each day care center family day heme shall be subject to the following:
a. No SUGh use shall operate without the required IiGensure by the Virginia Department of
eGial SeN+GS. it shall be the responsibility of the owner eperater to transmit to the
zoning administrator a GGPY of the original liGense. Failure to de so shall be deemed
willful nonnomnlianne with the provisions of this nhanter; 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)
PeriodiG of the p. emises -hall be made by the Albernarle County fire Off
his diSGret'on. Failure to promptly admit the fore effiGial f0F SLIGh iRspeGtieR shall be
deemed willful nonnomnlianne with the provisions of this nhontor- Inspections by fire
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
Planning Commission - August 6, 2013 11
Final Action Memo
deemed to be willful noncompliance with the provisions of this chapter. (Amended 10 -3-
01)
These ppeviSiGRG are supplemeRtary and RGthiRg stated hereiR Shall be deemed to
VmFg'Ria DepartmeRt of Health, Virginia State Fore Marshal, or any other IeGal, state or
federal age 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. Virainia State Fire Marshal. or anv other local. state or federal
agency. (Amended 10 -3 -01)
(§ 5.1.0.6, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01)
Sec. 5.1.56 Family day homes
Each family day home shall be subject to the following:
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 (12) children under the
age of thirteen (13). 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 family day home, excluding
trips associated with the dwelling unit. shall not exceed twenty -four (241
vehicle round trips per day. For the purposes 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(m)(2).
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 zonin
clearance, the zoning administrator shall identify, if necessary 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.
Planning Commission — August 6, 2013 12
Final Action Memo
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
nit to conduct an inspection in a manner authorized by law shall be deemed to
be willful noncompliance with the provisions of this chapter.
6. Waivers or modifications by special exception. Except as provided in
subsection (b)(1). 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 31.5. sub'ec
to the following:
(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 (bl(11 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.
b). Special exception. If the zonina administrator receives a written
objection 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.
Planning Commission — August 6, 2013 13
Final Action Memo
(§ 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)
Sec. 12.2.1 By right
The following uses shall be permitted b ri ht in the VR district, subject to the applicable
requirements of this chapter:
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 E; bjeGt to requirements and limitations of this E)rdinanno
by right in the R -1 district, subject to the applicable requirements of this chapter.
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 s, bjeGt t„ requirements and IimitatieRS of this erdinonno
by riaht in the R -2 district. subiect to the applicable reauirements of this chapter:
14. Family day homes (reference 5.1.56).
Planning Commission — August 6, 2013 14
Final Action Memo
(§ 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 s, bjeGt to req uirements aR d limitations of this errdinonro
by right 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 s, bjeGt to req uirements aR d IimitatiOns of this errdinonno
by riaht in the R -6 district. subiect to the applicable reauirements 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)
Sec. 17.2.1 By right
The following uses shall be permitted E; bjeGt W req uirements aR d IimitatieRs of this Grldinanno
by right in the R -10 district, subject to the applicable requirements of this chapter:
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 s, bjeGt tG req uirements aR d limitations of this Grldinanno
by riaht in the R -15 district. subiect to the applicable reauirements 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
Planning Commission — August 6, 2013 15
Final Action Memo
The following uses shall be permitted s, bjeGt f„ req Uiromonts and limitatigRs E)f this E)rdinonno
by right in the PRD district, subject to the applicable requirements of this chapter:
13. Familv 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 s, bjeGt f„ requirements and limitations of this erdinonro
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:
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 5.1.56).
(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 5.1.56).
Planning Commission — August 6, 2013 16
Final Action Memo
(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
Clerk, Board of County Supervisors
Ave Nay
Mr. Boyd
Mr. Craddock
Ms. Mallek
Mr. Rooker
Mr. Snow
Mr. Thomas
Planning Commission — August 6, 2013 17
Final Action Memo