HomeMy WebLinkAboutZTA201400002 PresentationMiscellaneous Administrative Amendments ZTA 2014 -02
1. General Updates and Corrections, such as Cross References within Various Regulations:
Correct cross - references to prior sections (no longer valid or not the correct section) within
regulations. An example is §5.1.45 (a3) relating to country stores, which references §4.1.2 and
§4.1.3 which have been repealed. Update to current county and state agency titles and names,
code references, etc.
2. Standardize use category terms: For example, in the Rural Areas we use the term "church and
cemetery" whereas in the other districts, we only use the term "church." Both should be updated
to reflect RLUIPA terminology "place of religious worship." Another example, in §5.6 the term is
"manufactured home" rather than "mobile home." There are several terms that will need further
consolidation: rest home, convalescent home, nursing home and assisted living.
3. Update and reformat various sections: This includes Sections 1,2,34 and 34A.
4. Utilize tables for use provisions: As was done with the industrial district amendments, utilize use
tables for stating what is permitted by -right and by special use permit. We will not take on the
commercial districts at this time pending a more comprehensive commercial zoning text
amendment that will broaden uses as was done with the industrial districts.
5. Commercial kennels: correct conflict requiring a higher standard (lower maximum sound level)
when using soundproofed confinements as opposed to non - soundproofed confinements. This
provision needs more comprehensive assessment in terms of the standards for setbacks and the
like. This will be done at a later date with public input.
6. Family day homes: Codify Virginia Code provisions, including a) mailing by registered or certified
letter and b) the provision for use of conditions of approval when an objection is received
(effective July 1s)
7. Group home and home for developmentally disabled: Update regulations to reflect VA Code
§15.2 -2291. This includes allowing as a use by- right, group homes as a residential facility
anywhere residential occupancy by a single family is permitted. (See Attachment D for VA Code
provisions.)
8. Temporary Family Health Structures/ Medical cottages: Codify VA Code provisions per §15.2-
2292.1. (See Attachment D for VA Code provisions.)
9. Off -Site Easements Required with Final Site Plan: Previous ordinance language required
confirmation that off -site private easements such as grading, access and the like necessary to
develop the site plan, were available even if not yet recorded. While this didn't cover utilities, it
assured that the relevant property owner(s) had given permission necessary for the plan to be
completed. This provision was inadvertently eliminated in prior ordinance amendments and
should be restored. Temp construction easements and right to grade off -site.
10. Omit Conflicting Provision for Labs by Special Use Permit in CO, Commercial Office: §23.2.2
(13) allows "Laboratories, medical or pharmaceutical" by special use permit. The ordinance
amendments effective 4 -3 -13 allow Laboratories up to 4,000 square feet by -right in a use
category with "Laboratories /Research and Development /Experimental Testing." The prior
provision by special use permit remains and conflicts with this newer by -right provision.
11. Omit Reference to "Condominiums" as a Use in Downtown Crozet District (DCD): §206.2 D (4)
lists as a use by -right "condominiums." Condominiums are a form of ownership and not a land
use. For example, they can exist with anything from single - family detached to multi - family
dwellings. The use categories should address the use, such as single - family detached or multi-
family, and not the form of ownership.
12. Appeals to Board of Zoning Appeals: Update §34.5 relating to the time period in which the Board
must hear an appeal from sixty days to ninety days, to be consistent with VA Code 15.2 -2312.
13. Resubmittal of Similar Denied Variance: Include a provision for variances, a quasi - legislative
application, similar to that for legislative applications. In the case of a denied rezoning or special
use permit application, §33.4s currently limits resubmittal of a substantially similar application to
one year after the date of the denial.
14. Residential 1 (R1) Structure Height: Correct the structure height for cluster bonus to 35 feet,
consistent with the other area and bulk regulations in this district and similar low- density
residential zoning districts (RA, VR, R1, R2, R4 and R6). Section 13.3 Area and Bulk
Regulations lists the maximum structure height of 35 feet for all but bonus level cluster, listed as
30 feet. We consider this to be an inadvertent error and are unaware of any legislative intent nor
any purpose served by a decreased structure height with structures built under the bonus cluster.
15. Revise References from Waivers, Modifications and Variations to Special Exceptions (where
applicable): As a result of the Sinclair case, many previously administrative and Planning
Commission variations and waivers are now subject to a special exception from the Board of
Supervisors. This is to codify this more appropriate term and requirement where applicable. Any
regulation with prescriptive language such as standards or if A then X, if B then Y— can remain
an administrative officer's decision.
16. Revise Regulations relating to Swim, Golf and Tennis Clubs: §5.1.16 "Swimming, Golf, Tennis
Clubs" involves provisions that relate only to swimming pools (2 of the 4 regulations). Because
the section heading includes the other two uses, it becomes problematic as to what applies to
which uses. One of the regulations that applies to all (e) is not practical nor is it necessary
17. Requirements for a 2nd dwelling on a residentially -zoned parcel: The current zoning regulations
utilize two different requirements for the location of a 2nd dwelling on a RA or Residentially -zoned
parcel. In addition, the language is not clear as to which requirements must be met.
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LOCATION OF ADDITIONAL DWELLINGS WHEN ONE EXISTS ON A PARCEL
1. Current Use Provisions:
Rural Areas District:
The following uses shall be permitted by right in the RA district, subject to the applicable
requirements of this chapter:
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.
Residential Districts (VR, R1, R2, R4, R6, R10 and R15)
The following uses shall be permitted by right in these districts, subject to the applicable
requirements of this chapter:
• Detached single - family dwellings.
• 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.
2. Relevant Regulations: (see attached pages taken from RA and R11
a. Zoning - Area and bulk regulations: includes gross density, minimum lot size,
minimum road frontage, yards (setbacks for front, side and rear) and structure height;
b. Zoning - General regulations ( §4.0): includes building site;
c. Subdivision — Road regulations for private and /or public. This includes limited
provision for private roads, construction standards and maintenance agreements.
ALBEMARLE COUNTY CODE
g. Each application for a rural preservation development is subject to the review and approval of
the director of current development and zoning.
(§ 20- 10.3.3.3, 11 -8 -89; § 18- 10.3.3.3, Ord. 98 -A(1), 8 -5 -98; Ord. 04- 18(1), 5 -5 -04 effective 7 -1 -04)
10.4 AREA AND BULK REGULATIONS
Area and bulk regulations within the RA, rural areas, zoning district are as follows:
REQUIREMENTS
DIVISIONS BY
DIVISIONS BY SPECIAL USE
RIGHT
PERMIT
(Amended 8 -14-
(Amended 8- 14 -85)
85)
Gross density
0.5 du/ac
0.5 du/ac
Minimum lot size
2.0 acres
2.0 acres
Minimum frontage
existing public
roads
250 feet
250 feet
Minimum frontage
internal public
or private roads
150 feet
150 feet
Yards, minimum:
Front (existing public roads)
75 feet
75 feet
Front (internal public or
private road)(Amended 11- 13 -91)
25 feet
25 feet
Side
25 feet
25 feet
Rear
35 feet
35 feet
Maximum
structure
height
35 feet
35 feet
(§ 20 -10.4, 12- 10 -80; 8- 14 -85; § 18 -10.4, Ord. 98 -A(1), 8 -5 -98; Ord. 08- 18(7), 11- 12 -08)
10.5 SPECIAL PROVISIONS FOR MULTIPLE SINGLE - FAMILY DWELLING UNITS
10.5.1 LIMITATIONS ON DIVISIONS PERMITTED BY RIGHT
Divisions of land shall be permitted as provided hereinabove; except that no parcel of land of
record on the date of the adoption of this ordinance may be divided into an aggregate of more than
five (5) parcels except as provided in section 10.3.2 and section 10.5.2 hereof nor shall there be
constructed on any such parcel an aggregate of more than five (5) units.
(§ 10.5.1, 12- 10 -80; 11 -8 -89)
10.5.2 WHERE PERMITTED BY SPECIAL USE PERMIT
The board of supervisors may issue a special use permit for more lots than the total number
permitted under sections 10.3.1 and 10.3.2; provided that no such permit shall be issued for
property within the boundaries for the watershed of any public water supply reservoir, and further
provided that no such permit shall be issued to allow more development lots within a proposed
rural preservation development than that permitted by right under section 10.3.3.3(b).
The board of supervisors shall determine that such division is compatible with the neighborhood
as set forth in section 33.8 of this chapter, with consideration of the goals and objectives of the
18 -10 -8
Zoning Supp. #77, 4 -1 -13
ALBEMARLE COUNTY CODE
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
5.1.42). (Added 6 -8 -05)
16. Farmers' markets (reference 5.1.47). (Added 5 -5 -10)
(§ 20- 14.2.2, 12- 10 -80; 9 -2 -81; Ord. 04- 18(2), 10- 13 -04; Ord. 05- 18(7), 6 -8 -05; Ord. 10- 18(4), 5 -5 -10)
14.3 AREA AND BULK REGULATIONS
Area and bulls regulations within the R -2, Residential, district are as follows:
(§ 20 -14.3, 12- 10 -80; Ord. 08- 18(4), 6- 11 -08)
14.4 BONUS FACTORS (REFERENCE 2.4)
14.4.1 ENVIRONMENTAL STANDARDS
For maintenance of existing wooded areas equal to: ten (10) percent to nineteen (19) percent of
the site, a density increase of five (5) percent shall be granted; twenty (20) percent or greater of the
site, a density increase of ten (10) percent shall be granted.
In order to qualify for this bonus, a conservation plan as specified in section 32.7.9 shall be
required. (Amended 9 -9 -92)
For provision of significant landscaping in the form of street trees as specified in section 32.7.9, a
density increase of five (5) percent shall be granted. This bonus shall not be granted if existing
trees along road frontages have been needlessly removed. (Amended 8- 14 -85; 9 -9 -92)
14.4.2 DEVELOPMENT STANDARDS
For serving lots with an internal road system which is the sole access to the existing state -
maintained road system, a density increase of ten (10) percent shall be granted.
For dedication of land to public use not otherwise required by law, density may be increased as
follows:
18 -14 -4
Zoning Supplement #81, 9 -11 -13
STANDARD LEVEL
BONUS LEVEL
CONVENTIONAL
CLUSTER
CONVENTIONAL
CLUSTER
REQUIREMENTS
DEVELOPMENT
DEVELOPMENT
DEVELOPMENT
DEVELOPMENT
Gross density
2 du /acre
2 du/acre
3 du /acre
3 du /acre
Minimum Lot Size
21,780 sq ft
14,500 sq ft
14,520 sq ft.
9,700 sq ft
Minimum
frontage:
public, private
80 feet
70 feet
70 feet
65 feet
Yards, minimum:
Front
25 feet
25 feet
25 feet
25 feet
Side
10 feet
10 feet
10 feet
10 feet
Rear
20 feet
20 feet
20 feet
20 feet
(a) Minimum side yards may be reduced to not less than ten (10) feet in accordance
with section 4.11.3, provided
that minimum side
yards may be reduced to zero (0) feet on one side in zero lot line developments in
accordance with section 4.11.3
and are approved
under chapter 14.
Maximum
Structure height
35 feet
35 feet
35 feet
35 feet
(§ 20 -14.3, 12- 10 -80; Ord. 08- 18(4), 6- 11 -08)
14.4 BONUS FACTORS (REFERENCE 2.4)
14.4.1 ENVIRONMENTAL STANDARDS
For maintenance of existing wooded areas equal to: ten (10) percent to nineteen (19) percent of
the site, a density increase of five (5) percent shall be granted; twenty (20) percent or greater of the
site, a density increase of ten (10) percent shall be granted.
In order to qualify for this bonus, a conservation plan as specified in section 32.7.9 shall be
required. (Amended 9 -9 -92)
For provision of significant landscaping in the form of street trees as specified in section 32.7.9, a
density increase of five (5) percent shall be granted. This bonus shall not be granted if existing
trees along road frontages have been needlessly removed. (Amended 8- 14 -85; 9 -9 -92)
14.4.2 DEVELOPMENT STANDARDS
For serving lots with an internal road system which is the sole access to the existing state -
maintained road system, a density increase of ten (10) percent shall be granted.
For dedication of land to public use not otherwise required by law, density may be increased as
follows:
18 -14 -4
Zoning Supplement #81, 9 -11 -13
LIS > Code of Virginia > 15.2 -2291 http: / /Iegl.state.va.us /cgi- bin /legp5O4.exe ?000 +cod +15.2 -2291
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§ 15.2 -2291. Assisted living facilities and group homes of eight or fewer single - family residence.
A. Zoning ordinances for all purposes shall consider a residential facility in which no more than eight
individuals with mental illness, intellectual disability, or developmental disabilities reside, with one or more
resident counselors or other staff persons, as residential occupancy by a single family. For the purposes
of this subsection, mental illness and developmental disability shall not include current illegal use of or
addiction to a controlled substance as defined in § 54.1 -3401. No conditions more restrictive than those
imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed on
such facility. For purposes of this subsection, "residential facility" means any group home or other
residential facility for which the Department of Behavioral Health and Developmental Services is the
licensing authority pursuant to this Code.
B. Zoning ordinances for all purposes shall consider a residential facility in which no more than eight
aged, infirm or disabled persons reside, with one or more resident counselors or other staff persons, as
residential occupancy by a single family. No conditions more restrictive than those imposed on residences
occupied by persons related by blood, marriage, or adoption shall be imposed on such facility. For
purposes of this subsection, "residential facility" means any assisted living facility or residential facility in
which aged, infirm or disabled persons reside with one or more resident counselors or other staff persons
and for which the Department of Social Services is the licensing authority pursuant to this Code.
(1990, c. 814, § 15.1- 486.3; 1993, c. 373; 1997, C. 587; 1998, C. 585; 2007, C. 813; 2008, C. 601; 2009, cc.
813, 840; 2010, CC. 796, 847; 2012, CC. 476, 507.
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LIS > Code of Virginia > 15.2 -2292
§ 15.2 -2292. Zoning provisions for family day homes.
http://Iegl.state.va.us/cgi-bin/legp5O4.exe?000+cod+15.2-2292
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A. Zoning ordinances for all purposes shall consider a family day home as defined in § 63.2 -100 serving
one through five children, exclusive of the provider's own children and any children who reside in the
home as residential occupancy by a single family. No conditions more restrictive than those imposed on
residences occupied by persons related by blood, marriage, or adoption shall be imposed upon such a
home. Nothing in this section shall apply to any county or city which is subject to § 15.2 -741 or § 15.2 -914.
B. A local governing body may by ordinance allow a zoning administrator to use an administrative process
to issue zoning permits for a family day home as defined in § 63.2 -100 serving six through twelve children,
exclusive of the provider's own children and any children who reside in the home. The ordinance may
contain such standards as the local governing body deems appropriate and shall include a requirement
that notification be sent by registered or certified letter to the last known address of each adjacent
property owner. If the zoning administrator receives no written objection from a person so notified within
thirty days of the date of sending the letter and determines that the family day home otherwise complies
with the provisions of the ordinance, the zoning administrator may issue the permit sought. The ordinance
shall provide a process whereby an applicant for a family day home that is denied a permit through the
administrative process may request that its application be considered after a hearing following public
notice as provided in § 15.2 -2204. The provisions of this subsection shall not prohibit a local governing
body from exercising its authority, if at all, under subdivision A 3 of § 15.2 -2286.
(1994, cc. 781, 798, § 15.1- 486.5; 1997, C. 587.)
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LIS > Code of Virginia > 15.2- 2292.1 http: / /Iegl.state.va.us /cgi- bin /legp5O4.exe ?000 +cod +15.2- 2292.1
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§ 15.2- 2292.1. Zoning provisions for temporary family health care structures.
A. Zoning ordinances for all purposes shall consider temporary family health care structures (i) for use by
a caregiver in providing care for a mentally or physically impaired person and (ii) on property owned or
occupied by the caregiver as his residence as a permitted accessory use in any single - family residential
zoning district on lots zoned for single - family detached dwellings. Such structures shall not require a
special use permit or be subjected to any other local requirements beyond those imposed upon other
authorized accessory structures, except as otherwise provided in this section. Such structures shall
comply with all setback requirements that apply to the primary structure and with any maximum floor area
ratio limitations that may apply to the primary structure. Only one family health care structure shall be
allowed on a lot or parcel of land.
B. For purposes of this section:
"Caregiver" means an adult who provides care for a mentally or physically impaired person within the
Commonwealth. A caregiver shall be either related by blood, marriage, or adoption to or the legally
appointed guardian of the mentally or physically impaired person for whom he is caring.
"Mentally or physically impaired person" means a person who is a resident of Virginia and who requires
assistance with two or more activities of daily living, as defined in § 63.2 -2200, as certified in a writing
provided by a physician licensed by the Commonwealth.
"Temporary family health care structure" mean's a transportable residential structure, providing an
environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i)
is primarily assembled at a location other than its site of installation; (ii) is limited to one occupant who
shall be the mentally or physically impaired person or, in the case of a married couple, two occupants,
one of whom is a mentally or physically impaired person, and the other requires assistance with one or
more activities of daily living as defined in § 63.2 -2200, as certified in writing by a physician licensed in the
Commonwealth; (iii) has no more than 300 gross square feet; and (iv) complies with applicable provisions
of the Industrialized Building Safety Law (§ 36 -7o et seq.) and the Uniform Statewide Building Code (§
36 -97 et seq.). Placing the temporary family health care structure on a permanent foundation shall not be
required or permitted.
C. Any person proposing to install a temporary family health care structure shall first obtain a permit from
the local governing body, for which the locality may charge a fee of up to $100. The locality may not
withhold such permit if the applicant provides sufficient proof of compliance with this section. The locality
may require that the applicant provide evidence of compliance with this section on an annual basis as
long as the temporary family health care structure remains on the property. Such evidence may involve
the inspection by the locality of the temporary family health care structure at reasonable times convenient
to the caregiver, not limited to any annual compliance confirmation.
D. Any temporary family health care structure installed pursuant to this section may be required to
connect to any water, sewer, and electric utilities that are serving the primary residence on the property
and shall comply with all applicable requirements of the Virginia Department of Health.
E. No signage advertising or otherwise promoting the existence of the structure shall be permitted either
on the exterior of the temporary family health care structure or elsewhere on the property.
F. Any temporary family health care structure installed pursuant to this section shall be removed within 60
days of the date on which the temporary family health care structure was last occupied by a mentally or
physically impaired person receiving services or in need of the assistance provided for in this section.
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LIS > Code of Virginia > 15.2- 2292.1 http: / /Ieg1.state.va.us /cgi- bin /legp5O4.exe ?000 +cod +15.2- 2292.1
G. The local governing body, or the zoning administrator on its behalf, may revoke the permit granted
pursuant to subsection C if the permit holder violates any provision of this section. Additionally, the local
governing body may seek injunctive relief or other appropriate actions or proceedings in the circuit court
of that locality to ensure compliance with this section. The zoning administrator is vested with all
necessary authority on behalf of the governing body of the locality to ensure compliance with this section.
(2010, C. 296; 2013, c. 178.)
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