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HomeMy WebLinkAboutZTA201300005 Legacy Document 2013-10-23 (8)Draft: 10/07/13 ORDINANCE NO. 13 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND 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 1, General Provisions, and Article II, Basic Regulations, are hereby amended and reordained as follows: By Amending: Sec. 3.1 Definitions Sec. 4.12.3 Prohibited Activities in Parking, Stacking and Loading Areas Sec. 4.15.7 Prohibited Signs and Sign Characteristics Chapter 18. Zoning Article I. General Provisions Sec. 3.1 Definitions Cover or covered. As used in section 4.12.3. in all districts other than the rural areas (RA) district, a form -fitted default -free tarnaulin or other cover specifically designed and manufactured for motor vehicles and which completely shields an inoperable vehicle from view; in the rural areas (RA) district. a tarpaulin or other cover that completely shields an inoperable vehicle from view. Inoperable vehicle: Any motor vehicle, trailer or semitrailer, as those is vehicles are defined in Virginia Code § 46.2 -100, which: (1) is not in operating condition; 3 paftially or- totally disassembled by the removal of tir-es and wheels , the engine, or- other- essen�ial pai4s r-equir- (2) does not display valid license plates if the vehicle is required by State law to display valid license plates: (31 does not display an inspection decal if the vehicle is required by State law to display a valid inspection decal: or 4) displays an inspection decal that has been expired for more than sixty (60) days. -he vehiele identified in th ehaRter -as "inoperative motor -vehicle" i operable vehiele. (Repealed 6- 10 -87; Added 10 -3 -01) Shielded or screened from view. As used in section 4.12.3. the inoperable vehicle is not visible by someone standing at ground level from any vantage point outside of the parcel on which the inoperable vehicle is located because o£ (i) distance, terrain, or one or more buildings between the inoperable vehicle and the parcel boundary: (ii) evergreen vegetation; (iii) an opaque masonry wall: (iv) a treated wood fence of stockade, board and batten . panel or similar type design; or (v) any combination of the foregoing. Draft: 10/07/13 Article II. Basic Regulations Sec. 4.12.3 Prohibited activities in parking, stacking and loading areas The following activities are prohibited: a. In any parking, stacking or loading area: 1. Uses. The sale, repair, dismantling or servicing of any vehicle or equipment; the storage of materials, supplies or merchandise; the storage of refuse, recycling or similar disposal containers; or other use that would prevent the parking, stacking or loading area, or any portion thereof, from being used for its intended purpose. This prohibition shall not apply to single - family dwelling units or to temporary uses or activities approved by the zoning administrator. 2. Discontinuation, elimination or reduction of area. The discontinuation, elimination or reduction of a required parking, stacking or loading area, any part thereof, or any required parking spaces, including those in garages or provided for residential uses, so long as the use requiring such area(s) or parking spaces continues, unless an alternative equivalent area complying with these regulations are established as required by this chapter. For any use subject to a site plan, the removal of any parking spaces shall require an amendment to the site plan. b. On any lot, including any parking, stacking or loading area, except where expressly authorized: Parking, storage or use of major recreational equipment. No major recreational equipment shall be used for living, sleeping or other occupancy when parked or stored on any lot or in any other location not approved for such use. For purposes of this section, the term "major recreational equipment" includes, but is not limited to, travel trailers, pickup campers, motorized dwellings, tent trailers, boats and boat trailers, house - boats, and trailers, cases or boxes used for transporting such recreational equipment, whether occupied by the equipment or not. 2. Trucks with minimum gross vehicle weight or major recreational equipment. No truck with a gross vehicle weight of twelve thousand (12,000) pounds or major recreational equipment shall be parked in any residential district other than the rural areas (RA) zoning district, except for purposes of making pickups or deliveries, in any location other than an off - street parking area shown on an approved site plan or subdivision plat. 3. Parking or storage of inoperable vehicles. No inoperable vehicle shall be parked or stored on a lot within any agr-ieultffal or- residential distfiet, ineluding the Effal areas (RA) zoning distr-iet, unless the vehiele is within a fully enelesed building or- stFuetffe, or- is other-wise shielded or- ser-eened from view parked or- stored on a let. parcel zoned for agricultural, residential, commercial or industrial purposes, except within a fully enclosed building or structure, subject to the following, a. Parcels in the rural areas M) district. On any parcel in the rural areas (RA) district, no more than two 2) inoperable vehicles may be parked or stored outside of a fully enclosed building each vehicle parked or stored outside shall be shielded or screened from view or be covered. b Parcels in any residential districts. On any parcel in a residential district, including the residential sections of any planned development district: 1 Number of vehicles. No more than one (1) inoperable vehicle may be parked or stored outside of a fullv enclosed building and the vehicle parked or stored outside shall be shielded or Draft: 10/07/13 screened from view or be covered: provided that up to two (2) inoperable vehicles may be parked or stored outside of a fully enclosed building if the person demonstrates that he is actively restoring or repairing one of the vehicles within a consecutive one hundred eighty 1801 day period, the second vehicle is being used for the restoration or repair and each vehicle parked or stored outside is shielded or screened from view or is covered: the one hundred eighty (180) day period may be extended by the zoning administrator upon the person demonstrating to the satisfaction of the zoning administrator that more than one hundred eighty (180) days is required to actively restore or repair the vehicle. 2. Location of vehicles. Any inoperable vehicle outside of a fully enclosed building shall be parked or stored only behind a line across the yard established by the exterior walls of the rimary structure on the parcel fronting one or more streets, depicted as the shaded areas shown on Figures 1 through 5. In cases where the exterior walls fronting on a street is not a uniform distance from the street, the line shall be based on the wall or point on the wall that is closest to the street as shown on Fi ug re 5. c. Authorized businesses in commercial. industrial or other districts. Subsections (b)(3)(a) and bl(3)(b) shall not apply to any licensed business regularly engaged in business as an automobile dealer, salvage dealer, scrap processor, or public garage that is operated in compliance with this chapter, including any such business operating as a lawful nonconforming use: provided that on any parcel in any commercial or industrial district, including the commercial and industrial sections of any planned development district, and on any parcel in any other district in which any such a use has been authorized by special use permit, no inoperable vehicle may be parked or stored outside of a fully enclosed building except in the location designated for that use on an approved site plan. 4. Nothing in this subsection shall be construed to authorize or prohibit parking or storing the vehicles and equipment described herein on a street or highway. F Figures 1 through 5 are for illustration purposes only. If there is a conflict or inconsistency between subsection (b)(3)(b)(2) and any a figure, the regulation is controlling. Figure 1. Regular Lot Street Figure 2. Corner Lot Street ® Acceptable Area Acceptable Area Draft: 10/07/13 Figure 3. Double Frontage Lot Street Street WAcceptable Area Figure 4. Lot with Alley Alley Street ® Acceptable Area Draft: 10/07/13 Draft: 10/07/13 Figure S. Corner Lot, Non - parallel Orientation Street r m m Y y+ N Acceptable Area (§ 4.12.5, 12- 10 -80; § 4.13, 12- 10 -80; 1 -1 -84; 6- 10 -87; Ord. 03- 18(1), 2 -5 -03) Sec. 4.15.7 Prohibited signs and sign characteristics Notwithstanding any other provision of this section 4.15, the following signs and sign characteristics are prohibited in all zoning districts: C. Certain sign types. Signs that are: 1. Animated signs, including signs using rare gas illumination, that give the appearance of animation. (Amended 3- 16 -05) 2. Advertising vehicles, where (i) the vehicle is parked so as to be visible from a public right -of -way in a parking space or parking area not authorized by section 4.15.6(21); (ii) the vehicle is an inoperable vehicle; or (iii) the vehicle is incapable of moving on its own or is not self - propelled. (Amended 3- 16-05) 3. Banners, except as an authorized temporary sign under section 4.15.4(d). (Amended 3- 16 -05) 4. Billboards. 5. Flashing signs. 6 Draft: 10/07/13 6. Moving signs, including signs using rare gas illumination, that give the appearance of movement, but not including flags that meet the requirements of sections 4.15.6(18) or 4.15.6(19). (Amended 3 -16- 05) 7. Roof signs. (12- 10 -80; 7 -8 -92, § 4.15.06; Ord. 01- 18(3), 5 -9 -01; Ord. 05- 18(4), 3- 16 -05) State law reference — Va. Code § 15.2 -2280. 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 Ave Nay Mr. Boyd Mr. Craddock Ms. Mallek Mr. Rooker Mr. Snow Mr. Thomas Clerk, Board of County Supervisors