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HomeMy WebLinkAboutZTA201300005 Legacy Document 2013-11-27 (2)COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Keeping of Inoperable Motor Vehicles (Chapter 18, Zoning and Chapter 9, Motor Vehicles and Traffic) SUBJECT /PROPOSAL /REQUEST: Adopt a Resolution of Intent to amend County Code § 18- 4.12.3, Prohibited activities in parking, stacking and loading areas; and set a public hearing to consider an ordinance to amend County Code Chapter 9, Motor Vehicles and Traffic STAFF CONTACT(S): Messrs. Foley, Davis, Kamptner and Major Lantz; and Ms. McCulley and Ms. Burbage LEGAL REVIEW: Yes AGENDA DATE: May 8, 2013 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: An inoperable vehicle is any motor vehicle, trailer or semitrailer which: (1) is not in operating condition; (2) has been partially or totally disassembled for a period of sixty (60) days or longer by the removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle; or (3) does not display either valid license plates or a valid inspection decal. Certain licensed businesses, such as automobile dealers and scrap dealers, are exempt. The County regulates the storage of inoperable vehicles on property zoned or used for residential purposes, and on property zoned commercial and agricultural under County Code § 9 -500 (police powers) and County Code § 18- 4.12.3 (zoning). The enabling authority under which the County currently regulates inoperable vehicles under its police powers is Virginia Code § 15.2 -904. Section 15.2 -904 allows an unlimited number of inoperable vehicles to be stored on private property outside of a fully enclosed building or structure provided that the vehicles are shielded or screened from view. Section 15.2 -904 also allows localities to limit the number of inoperable vehicles stored outside that are shielded or screened from view by covers. Virginia Code § 15.2 -905 provides broader enabling authority to 17 localities (12 cities and 5 counties). Section 15.2- 905 enables localities to "limit the number of inoperable motor vehicles which any person may keep outside of a fully enclosed building or structure," even if the vehicles are shielded or screened from view by covers or any other means. In response to concerns raised by neighborhood watch groups and homeowners associations in the County's urban and suburban neighborhoods regarding the impacts arising from storing inoperable vehicles outside, the Board sought and obtained enabling authority for Albemarle County to regulate inoperable vehicles under Virginia Code § 15.2 -905. The new enabling authority becomes effective on July 1, 2013. STRATEGIC PLAN: Goal 3. Encourage a diverse and vibrant local economy. Goal 5. Ensure the health and safety of the community. DISCUSSION: Citizen complaints from neighborhood watch groups and homeowners associations informed staff that storing inoperable vehicles outside, whether they are shielded or screened from view or not, is a source of conflict in urban and suburban neighborhoods where lot sizes are small. Although an inoperable vehicle stored outside may not be visible by someone standing at ground level, the vehicles may be nonetheless visible from nearby properties and homes. In addition, staff has found situations where storing inoperable vehicles outside on small lots has caused owners to park their operable vehicles on the public street because there was no room to park on -site. Sometimes these public streets are not designed for on- street parking, creating further conflict. Lastly, because vehicles are not subject to setback requirements under the Zoning Ordinance, inoperable vehicles can be stored very close to the lot line and close to the abutting lot's improvements or active outdoor areas. The proposed ordinance amendments would implement Virginia Code § 15.2 -905 by limiting the number of inoperable vehicles that may be kept outside of an enclosed building or structure, clarify the existing regulations, and ensure that County Code § 9 -500 and County Code § 18- 4.12.3 are consistent with one another. It is staff's opinion that these AGENDA TITLE: Keeping of Inoperable Motor Vehicles (Chapter 18, Zoning and Chapter 9, Motor Vehicles and Traffic) May 8, 2013 Page 2 proposed amendments will allow the County to more effectively address the potential adverse impacts from storing inoperable vehicle outside, particularly in neighborhoods having small lots. Violations of County Code § 9 -500 are enforced by either pursuing a criminal penalty or by the County's removal of the vehicle after reasonable notice is provided to the owner. Violations of County Code § 18- 4.12.3 are enforced by pursuing either a civil penalty or injunctive relief. In its development of the proposed regulations, staff will examine the effectiveness of its current enforcement tools. BUDGET IMPACT: A reduction in the number of inoperable vehicles allowed would cause an increase in the number of zoning violations. However, staff expects the impact to be of such a low level that it can be accommodated with existing staffing levels. Implementation of a towing program would save time and therefore tax dollars spent enforcing continuing inoperable vehicle violations. RECOMMENDATIONS: Staff recommends that the Board adopt the attached resolution of intent to consider amending County Code § 18- 4.12.3, prohibiting activities in parking, stacking and loading areas, and any other related sections determined to be necessary for amendment. Staff also recommends that the Board set the proposed ordinance amending County Code § 9 -500, which will be developed concurrently with the zoning text amendment for County Code § 18- 4.12.3, for a public hearing to be held concurrent with the zoning text amendment. ATTACHMENTS A — Resolution of Intent Return to consent agenda Return to regular agenda