HomeMy WebLinkAboutZTA201300005 Legacy Document 2013-11-27COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA 2013 -05 Inoperable Vehicles Zoning Ordinance
Amendment and Amendment to Inoperable Vehicle
Regulations in County Code Chapter 9, Motor Vehicles
and Traffic
SUBJECT /PROPOSAL /REQUEST:
Public hearings to amend County Code Chapter 18,
Zoning and County Code Chapter 9, Motor Vehicles and
Traffic, regarding inoperable vehicles
STAFF CONTACT(S):
Foley, Walker, Davis, Kamptner, Graham, McCulley,
Green, Burbage
PRESENTER (S): Amanda Burbage
LEGAL REVIEW: Yes
AGENDA DATE:
November 13, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
The regulation of inoperable vehicles in Albemarle County is currently addressed in two chapters of the County Code:
Chapter 9, Motor Vehicles and Traffic (County Code § 9 -500), and Chapter 18, Zoning (County Code § 18- 4.12.3).
Currently both sections of the County Code allow up to two inoperable vehicles to be kept outside of an enclosed building
or structure, provided that they are shielded or screened from view by covers. In response to concerns raised by
neighborhood groups in the Development Areas regarding the impacts of storing inoperable vehicles outside, Albemarle
County sought the enabling authority to further regulate the keeping of inoperable vehicles under Virginia Code § 15.2 -905
(Attachment C), which was amended effective July 1, 2013. On May 8, 2013, the Board adopted a Resolution of Intent to
amend County Code § 18- 4.12.3 and § 9 -500 to further limit the number of inoperable vehicles that may be kept on
residential properties (Attachment D).
The Planning Commission held work sessions on the zoning text amendment on June 11, August 3 and September 17,
and a public hearing on October 22 (Attachments E, F, G, H and 1). The general consensus of the Commission was that in
residential districts the number of inoperable vehicles should be limited to one, that screening standards should be
established, and that inoperable vehicles be kept behind the front face of the house to limit their visibility from the street.
The Commission favored deferring any changes in the Rural Areas district until staff has had adequate time to assess the
impact of the proposed changes in the residential districts.
At the Commission's October 22 public hearing, the Commission also recommended that inoperable vehicles be relegated
behind houses facing a greenspace or common area in order to limit their visibility from these public areas. Staff does not
support including this recommendation in the zoning text amendment. Staff is concerned that this additional restriction will
be problematic to enforce and will give greenspace more protection than individual private lots. In addition, many homes in
this situation are regulated through private covenants and restrictions. If the storage of inoperable vehicles presents a
problem for lots adjacent to greenspace following the adoption of the proposed ordinances, the issue can be considered in
a future amendment.
STRATEGIC PLAN:
Goal 5. Ensure the health and safety of the community.
DISCUSSION:
The draft ordinances (Attachments A and B) provide the following:
In residential districts, a definition for "cover or covered" excludes covers that are not form - fitted. This will
eliminate the use of the blue plastic tarps for screening.
A definition for "shielded or screened from view" includes a masonry wall, wooden fence, or evergreen
vegetation that sufficiently hides the body of the vehicle from view at ground level from surrounding properties.
Visibility by someone standing at ground level is the standard used in the Virginia Code.
AGENDA TITLE: ZTA 2013 -05 Inoperable Vehicles Zoning Ordinance Amendment and Amendment to Inoperable
Vehicle Regulations in County Code Chapter 9, Motor Vehicles and Traffic
November 13, 2013
Page 2
On properties in residential districts, one inoperable vehicle may be kept outside of an enclosed building,
provided it is covered or screened. The zoning text amendment includes the additional requirement that the
inoperable vehicle be kept behind any face of the house that is oriented toward a street.
On properties in residential districts, up to two inoperable vehicles may be kept for active vehicle restoration
and repair, as required by Virginia Code § 15.2 -905. This provision still requires that the vehicles are covered
or screened and kept behind any face of the house that is oriented toward a street and that any second
vehicle is being used for the restoration or repair of the first vehicle. The ordinances would require the owner
to demonstrate to the zoning administrator that active repair or restoration is ongoing in order for the extra
inoperable vehicle to be kept on the property beyond 180 days.
Licensed businesses regularly engaged in vehicle sales, salvage or repair are exempt pursuant to Virginia
Code.
The amendment to County Code § 9 -500 includes a subsection authorizing the zoning administrator to order
that inoperable vehicles be removed and, if the owner refuses to do so, to have the vehicle towed after
reasonable notice is provided to the owner. This provision is in the current version of County Code § 9 -500
and is enabled by Virginia Code § 15.2 -905.
BUDGET IMPACT:
Staff anticipates an increase in enforcement activity resulting from this amendment. Between 2007 and 2012, the
County averaged 49 inoperable vehicle violations per year (approximately 4 per month) requiring 8 -10 hours of
code enforcement staff time per violation. Code enforcement staff estimates that the proposed changes have the
potential to double the number of violations, an increase in enforcement activity equivalent to an additional 0.25
Full Time Equivalent employee (FTE). Initially, additional complaints are expected to result from heightened public
awareness of the change in regulations. Without additional staffing, this is expected to result in reduced service
levels. Staff is further exploring a ticketing and/ or towing program which could help to streamline the enforcement
process and reduce the amount of staff time required to abate each violation.
RECOMMENDATIONS:
After the public hearing, staff recommends that the Board adopt the proposed Chapter 9 amendment (Attachment H)
and the proposed zoning ordinance amendment (Attachment 1). In addition, staff recommends a delayed effective
date of January 1, 2014 to give the public time to come into compliance with the new regulations.
ATTACHMENTS:
Attachment A: Draft Chapter 9 Inoperable Vehicles Amendment
Attachment B: Draft Chapter 18 Inoperable Vehicles Amendment
Attachment C: Virginia Code � 15.2 -905
Attachment D: Resolution of Intent, May 8, 2013
Attachment E: Action Memo — Planning Commission Work Session, June 11, 2013
Attachment F: Action Memo — Planning Commission Public Hearing, August 6, 2013
Attachment G: Action Memo — Planning Commission Work Session, September 17, 2013
Attachment H: Staff Report — Planning Commission Work Session, October 22, 2013
Attachment I: Action Memo — Planning Commission Work Session, October 22, 2013
Planning Commission minutes: June 11, August 6, September 17 and October 22, 2013
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