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HomeMy WebLinkAboutLZC200500024 Legacy Document 2014-04-08 (2)10.2 PERMITTED USES 10.2.1 BY RIGHT [RA] The following uses shall be permitted in any RA district subject to the requirements and limitations of these regulations: 1. Detached single-family dwellings, including guest cottages and rental of the same; provided that yard, area and other requirements of section 10.4, conventional development by right, shall be met for each such use whether or not such use is on an individual lot subject to section 10.3. 2. Side-by-side duplexes subject to the provisions of section 10.4; provided that density is maintained and provided that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Other two-family dwellings shall be permitted provided density is maintained. 3. Agriculture, forestry, and fishery uses except as otherwise expressly provided. 4. Game preserves, wildlife sanctuaries and fishery uses. 5. Wayside stands for display and sale of agricultural products produced on the premises (reference 5.1.19). 6. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 8. Temporary construction uses (reference 5.1.18). 9. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 10. Temporary sawmill (reference 5.1.15 and subject to performance standards in 4.14). 11. Veterinary services - off-site treatment only. 12. Agricultural service occupation (subject to performance standards in 4.14). 13. Divisions of land in accordance with section 10.3. 14. Tourist lodging (reference 5.1.17). 15. Mobile homes, individual, qualifying under the following requirements (reference 5.6): a. A property owner residing on the premises in a permanent home wishes to place a mobile home on such property in order to maintain a full-time agricultural employee. b. Due to the destruction of a permanent home an emergency exists. A permit can be issued in this event not to exceed twelve (12) months. The zoning administrator shall be authorized to issue permits in accordance with the intent of this ordinance and shall be authorized to require or seek any information which he may determine necessary in making a determination of cases "a" and "b" of the aforementioned uses. 16. Temporary mobile home in accordance with section 5.7. (Amended 11-8-89) 17. Farm winery (reference 5.1.25). (Added 12-16-81) 18. Borrow area, borrow pit, not exceeding an aggregate volume of fifty thousand (50,000) cubic yards including all borrow pits and borrow areas on any one parcel of record on the adoption date of this provision (reference 5.1.28). (Added 7-6-83) 19. Mobile homes on individual lots (reference 5.6). (Added 11- 11-92) 20. Commercial stable (reference 5.1.03). (Added 11-15-95) 21. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02) 22. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04) (§ 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) 10.2.2 BY SPECIAL USE PERMIT [RA] The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4: (Added 10-9-02) 1. Community center (reference 5.1.04). 2. Clubs, lodges, civic, patriotic, fraternal (reference 5.1.02). 3. Fire and rescue squad stations (reference 5.1.09). 4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16). 5. Private schools. 6. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances, unmanned telephone exchange centers; microwave and radio -wave transmission and relay towers, substations and appurtenances. 7. Day care, child care or nursery facility (reference 5.1.06). 8. (Repealed 3-5-86) 9. Mobile home subdivisions (reference 5.5). 10. (Repealed 11-11-92) 11. (Repealed 3-15-95) 12. Horse show grounds, permanent. 13. Custom slaughterhouse. 14. Sawmills, planing mills and woodyards (reference 5.1.15 and subject to performance standards in 4.14). 15. Group homes and homes for developmentally disabled persons as described in section 15.1- 486.2 of the Code (reference 5.1.07). 16. (Repealed 11-15-95) 17. Commercial kennel (reference 5. 1.11 and subject to performance standards in 4.14). 18. Veterinary services, animal hospital (reference 5.1.11 and subject to performance standards in 4.14). 19. Private airport, helistop, heliport, flight strip (reference 5.1.01). 20. Day camp, boarding camp (reference 5.1.05). 21. Sanitary landfill (reference 5.1.14). 22. Country store. 23. Commercial fruit or agricultural produce packing plants. (Amended 11-8-89) 24. (Repealed 11-8-89) 25. Flood control dams and impoundments. 26. (Repealed 11-8-89) 27. Restaurants and inns that are: a. Located within an historic landmark as designated in the comprehensive plan, provided: (i) the structure has been used as a restaurant, tavern or inn; and (ii) the structure shall be restored as faithfully as possible to the architectural character of the period and shall be maintained consistent therewith; or b. Nonconforming uses, provided the restaurant or inn is served by existing water and sewerage systems having adequate capacity for both the existing and proposed uses and facilities without expansion of either system. (Amended 11-8-89; 10-18-00) 28. Divisions of land as provided in section 10.5.2.1. (Amended 5-5-04 effective 7-1-04) 29. Boat landings and canoe livery. 30. Permitted residential uses as provided in section 10.5.2.1. (Amended 5-5-04 effective 7-1-04) 31. Home occupation, Class B (reference 5.2). 32. Cemetery. 33. Crematorium. 34. (Repealed 3-21-01) 35. Church building and adjunct cemetery. 36. Gift, craft and antique shops. 37. Public garage. (Added 3-18-81) 38. Exploratory drilling. (Added 2-10-82) 39. Hydroelectric power generation (reference 5.1.26). (Added 4- 28-82) 40. Borrow area, borrow pit not permitted under section 10.2.1.18. (Added 7-6-83) 41. Convent, Monastery (reference 5.1.29). (Added 1-1-87) 42. Temporary events sponsored by local nonprofit organizations which are related to, and supportive of the RA, rural areas, district (reference 5.1.27). (Added 12-2-87) 43. Agricultural Museum (reference 5.1.30). (Added 12-2-87) 44. Theatre, outdoor drama. (Added 6-10-92) 45. Farm sales (reference 5.1.35). (Added 10-11-95) 46. Off-site parking for historic structures or sites (reference 5.1.38) or off-site employee parking for an industrial use in an industrial zoning district (reference 5.1.39). 47. Animal shelter (reference 5.1.11). (Added 6-16-99). 48. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04) 49. Historical centers, historical center special events, historical center festivals (reference 5.1.42). (Added 6-8-05) 50. Special events (reference 5.1.43). (Added 7-13-05) 13.2 PERMITTED [USES R-11 13.2.1 BY RIGHT The following uses shall be permitted subject to requirements and limitations of this ordinance: 1. Detached single-family dwellings. 2. Cluster development of permitted residential uses. 3. Rental of permitted residential uses and guest cottages, provided that yard, area, and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay -out. 4. (Repealed 9-2-81) 5. (Repealed 9-2-81) 6. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 8. Temporary construction uses (reference 5.1.18). 9. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 10. Tourist lodgings (reference 5.1.17). 11. Homes for developmentally disabled persons (reference 5.1.07). 12. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02) 13. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04) (§ 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) 13.2.2 BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4: 1. Community center (reference 5.1.04). 2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02). 3. Fire and rescue squad stations (reference 5.1.09). 4. Swim, golf, tennis, or similar athletic facilities (reference 5.1.16). 5. Private schools. 6. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; microwave and radio -wave transmission and relay towers, substations and appurtenances (reference 5.1.12). 7. Day care, child care or nursery facility (reference 5.1.06). 8. Mobile home subdivisions (reference 5.5). 9. Home occupation, Class B (reference 5.2). 10. Churches. (Added 9-2-81) 11. Cemeteries. (Added 9-2-81) 12. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04) 13. Historical centers, historical center special events, historical center festivals (reference 5.1.42). (Added 6-8-05) 14.2 PERMITTED USES [R-2] 14.2.1 BY RIGHT The following uses shall be permitted subject to requirements and limitations of this ordinance: 1. Detached single-family dwellings. 2. Cluster development of permitted residential uses. 3. Rental of permitted residential uses and guest cottages, provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay -out. 4. (Repealed 9-2-81) 5. (Repealed 9-2-81) 6. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 7. Accessory uses and buildings including home occupations (reference 5.2) and storage buildings. 8. Temporary construction uses (reference 5.1.18). 9. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5, 5.1.12). (Amended 11-1-89) 10. Tourist lodgings (reference 5.1.17). 11. Homes for developmentally disabled persons (reference 5.1.7). 12. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02) 13. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04) (§ 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) 14.2.2 BY SPECIAL USE PERMIT [R-2] The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4: 1. Community center (reference 5.1.4). 2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). 3. Fire and rescue squad stations (reference 5.1.9). 4. Swim, golf, tennis, or similar athletic facilities (reference 5.1.16). 5. Private schools. 6. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; microwave and radio -wave transmission and relay towers, substations and appurtenances (reference 5.1.12). 7. Day care, child care or nursery facility (reference 5.1.6). 8. Mobile home subdivisions (reference 5.5). 9. Rest home, nursing home, convalescent home, orphanage or similar institution (reference 5.1.13). 10. Hospitals. 11. Home occupation, Class B (reference 5.2). 12. Churches. (Added 9-2-81) 13. Cemeteries. (Added 9-2-81) 14. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04) 15. Historical centers, historical center special events, historical center festivals (reference 30.2 AIRPORT IMPACT AREA OVERLAY DISTRICT - AIA 30.2.1 INTENT The airport impact area ("AIA") overlay district is created in recognition of: airport related hazards which may endanger lives and property; obstructions which effectively reduce air space required for take -off/ landing and maneuvering of aircraft, thereby reducing the utility of the Charlottesville -Albemarle Airport and the public investment therein; and noise from aircraft operations which may adversely affect the health of persons and the peaceful use and enjoyment of property. It is the intent of this overlay district to minimize the creation of physical, visual and other obstructions to the safe operations of the airport facility and to minimize adverse air portrelated impact on persons and properties in the vicinity. The AIA overlay district shall consist of the airport protection area, runway protection zone ("RPZ") and the AIA noise impact area. (12-10-80; Ord. 05-18(6), 6-8-05) 30.2.2 APPLICATION The AIA overlay district is hereby created and designated generally on the zoning map and specifically on the Airport Airspace Drawing -Part 77, as amended, and on the Existing Noise Contours Map (2003), of the Charlottesville/Albemarle Airport Master Plan, as amended ("Airport Airspace Drawing -Part 77" and "Existing Noise Contours Map (2003)", respectively). Copies of these documents shall be available in the office of the zoning administrator. (12-10-80; Ord. 05-18(6), 6-8-05) 30.2.3 DEFINITIONS The following definitions shall apply in the interpretation and implementation of this section 30.2: (1) AIA noise impact area. The term "AIA noise impact area" means all land within the 65 DNL contour as delineated on the Existing Noise Contours Map (2003). (Amended 6-8-05) (2) Airport protection area. The term "airport protection area" means the imaginary conical, horizontal, transitional and approach surfaces as delineated and/or described on the Airport Airspace Drawing -Part 77. (Amended 6-8-05) (3) Primary surface. The term "primary surface" means a surface longitudinally centered on a runway. The primary surface for Runway 3-21 extends two hundred (200) feet beyond each end and is one thousand (1,000) feet wide. The elevation of the primary surface is the same as the elevation of the nearest point on the runway centerline. (Amended 6-8-05) (4) Runway protection zone. The term "runway protection zone" means an area at ground level underlying a portion of the FAR Part 77 imaginary runway approach surface and extending to a point on the ground where the elevation of the approach surface reaches fifty (50) feet above the runway end elevation. The runway protection zone is trapezoidal in shape and centered about the extended runway centerline, with dimensions for a particular runway end defined by the type of aircraft and approach visibility minimum associated with that runway end. The runway protection zone typically begins two hundred (200) feet beyond the end of the runway area usable for takeoff and landing, and extends from the ends of the primary surface. At the Charlottesville -Albemarle Airport, the dimensions of the runway protection zone for Runway 3 are one thousand (1,000) feet (inner width), one thousand seven hundred fifty (1,750) feet (outer width) and two thousand five hundred (2,500) feet (length); the dimensions of the runway protection zone for Runway 21 are one thousand (1,000) feet (inner width), one thousand five hundred ten (1,510) feet (outer width) and one thousand seven hundred (1,700) feet (length). (Added 6-8-05) (5) Safety area. The term "safety area" means the airport primary surface and the runway protection zone at each end of the runway as shown on the Airport Lay -Out Plan. (Amended 6-8- 05) (12-10-80; Ord. 05-18(6), 6-8-05) 30.2.4 PERMITTED USES Within the AIA overlay district, uses shall be permitted in accordance with the regulations and requirements of the underlying district except as hereafter expressly provided. 30.2.4.1 PENETRATION PROHIBITED No building, structure, object of natural growth, or use shall be permitted which shall penetrate the airport protection area. Penetration shall include but shall not be limited to any use or activity which would cause the intrusion into any of the imaginary zones of light, glare, smoke, particles, projectiles, radiation or electrical interference. In determination of potential penetration, the zoning administrator shall consult with the Federal Aviation Administration, the Virginia Department of Aviation and the Charlottesville -Albemarle Airport Board.