HomeMy WebLinkAboutLZC200700027 Legacy Document 2014-04-08G1131P
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
August 30, 2007
VIA FACSIMILE (817-0977) & FIRST CLASS MAIL
Weather Hill Development, LLC
703 East Jefferson St.
Charlottesville, VA 22902
Williams Mullen
Attn: Kathryn M. Flippen, Esquire
321 E. Main St., Ste 400
Charlottesville, VA 22902
Ladies and Gentlemen:
As requested, we have examined our records with respect to that certain parcel of
land lying in Albemarle County, Virginia currently owned by Randy and Diane Fox, and
currently designated in the real estate tax records of Albemarle County, Virginia, as
Tax Map Parcel 09000-00-00-03100 (hereinafter, referred to as the "Property"). We
are enclosing the following materials.
Sections of the applicable ordinances from the Zoning Ordinance of Albemarle
.County, pertaining to (i) the zoning district affecting the property, including any
applicable overlay districts; (ii) parking requirements; (iii) nonconforming uses
or improvements, and any limits on, rebuilding the improvements following
casualty; and (iv) such other matters as we have deemed material to your
inquiry;
■ Zoning section sheet or tax map indicating the zoning classification for the
Property;
Information on property -specific zoning or other land use approvals, including
staff reports, adopted ordinances, applicable development conditions or other
agreements affecting the use and development of the property;
Kathryn Flippen
August 30, 2007
Page 2
In connection with the Property, I hereby certify and represent the following
statements are true as of the date of this letter:
1. Current Zoning. The property lies within the boundaries of the
County of Albemarle's zoning district. The Property is currently zoned R-1,
Residential and is subject only to the use restrictions generally applicable to that
classification. The property is also located within the Entrance Corridor Overlay
District (EC), however residential properties are not regulated by the EC district.
2. Conformance with Current Zoning Requirements. The current use
and improvements of the Property are in compliance with the Zoning Ordinance
and all applicable codes, rules and regulations of the County of Albemarle. The
Property is not subject to proffered conditions or other special limitations imposed
by the County of Albemarle, in connection with the zoning or rezoning of the
Property.
3. Right to Rebuild Following Casualty. In the event of casualty, the
Property may be rebuilt substantially in its current form (no loss of square footage,
same building footprints) as long as the reconstruction takes place within two years
of destruction per section 6.3 of the zoning ordinance. (see attached)
4. No Further Approvals or Licenses Required. The existing use is
permitted by right within the R-1, Residential zoning district. A special use permit
(SP -2003-48) was granted to allow the home occupation (machine shop) that was
being conducted at the residence. A Home Occupation Class A license (HO -2006-
.229) was approved to allow office use for a painting business. A variance (VA -
.2003 -13) was granted to construct an addition to the main dwelling seven feet from
the property line. We are not aware of any other permit or license required by this
jurisdiction that a purchaser must obtain before it may acquire the Property or
before the Property may be used in a manner described herein.
. 5. Certificates of Occupancy Issued. Certificates of Occupancy
were issued for the structures on the Property. The dwelling received a CO on
July 26, 2000. The addition received a CO on October 29, 2004. Copies are not
available as these records have been purged. They are available on microfilm for
an additional fee of $25.00 per copy.
6. Development Requirements. The Property is subject to certain
development requirements in the R-1, Residential zoning district, as follows:
Parking requirements: Single family dwellings; .2 spaces per
unit.
Kathryn Flippen
August 30, 2007
Page 3
7. Application Pending. An application for rezoning of the Property
(ZMA-2007-005) is currently pending.
8. No Violations. We have no record of any zoning violations on the
property. Our records do not indicate any outstanding balances or unpaid fees.
9. Compliance with Subdivision Regulations. This office does not
regulate the subdivision ordinance for the County. Please contact the Chief of
Current Development, John Shepherd at 434-296-5832,, ext 3242 -for -this - -� - - -
information.
10. Subdivisions. This office does not regulate the subdivision
ordinance for the County. Please contact the Chief of Current Development, John
Shepherd at 434-296-5832, ext. 3242 for this information.
11. Lender's Reliance. Lender may rely on this letter for funding a
loan secured by the Property.
Sincerely,,y,
Ile
William D. Fritz, AICP
Chief of Zoning
Enclosures: Section 13 Regulations for R-1, Residential district
Section 4.12 Parking Requirements
Section 6.3 Nonconforming Structures
Zoning Map
Copy of approval and conditions for SP -2003-48
Copy of approval and conditions for VA -.2003-13
ALBEMARLE COUNTY CODE
is otherwise shielded or screened from view from all public roads and adjoining
properties. No more than two (2) inoperable vehicles may be parked or stored on a lot.
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.
(§ 4.12.5,12-10-80; § 4.13,12-10-80; 1-1-84; 6-10-87; Ord. 03-18(l),2-5-03)
4.12.4 PARKING AREAS
The following requirements shall apply to all parking areas, except as otherwise expressly
provided:
a. Maximum number of spaces. The number of parking spaces in a parking area may not exceed
the number_of.spaces required by this section by more than twenty (20) percent..
b. Spaces to satisfy minimum ADA requirements. The number, location, and dimensions of fully
accessible parking spaces, and the provision of access aisles, curb ramps, signage and other
specifications for those spaces shall be as required by the Americans with Disabilities Act and
the current editions of the Americans with Disabilities Act Accessibility Guidelines and
Virginia Uniform Statewide Building Code.
c. Rounding off to determine minimum number of required parking spaces. When the calculation
of the minimum number of required parking spaces results in something other than a whole
number, the minimum required number of parking spaces shall be rounded off to the closest
whole number.
d. Garages. Garage spaces on a lot may be counted towards the minimum number of required
parking spaces.
(§ 4.12.6.5(part), 12-10-80; 11-16-83; Ord. 01-18(6), 10-3-01, Ord. 03-18(1), 2-5-03)
4.12.5 LOCATION OF PARKING AREAS
The following requirements shall apply to establishing the location of all parking areas, except as
otherwise expressly provided:
a. Parking areas on same lot as primary use; exception. All parking spaces shall be established
on the same lot with the primary use to which it is appurtenant, except as authorized by
section 4.12.8.
b, Determining minimum yard requirements. For the purpose of determining minimum yard
requirements of the various zoning districts, the term "off-street parking space" consists of the
parking space or stall together with the adjacent aisle and turnaround.
(§§ 4.12.3.1, 4.12.3.2, 12-10-80; 6-14-89; Ord. 03-18(1), 2-5-03)
4.12.6 MINIMUM NUMBER OF REQUIRED PARKING SPACES FOR SCHEDULED USES
Except when alternative parking is approved as provided in section 4.12.8, the following schedule
shall apply to determine the number of required off-street parking spaces to be provided in a
particular situation. If a particular use is not scheduled, then section 4.1.2.7 shall apply.
Assisted lnvingfacility. One space per three (3) beds. (Added 2-5-03)
Automated teller machines (ATMs): Two (2) spaces per each outdoor walk-up type; five (5)
stacking spaces per each drive -up type. (Added 2-5-03)
18-4-20
Zoning Supplement 425, 2-5-03
ALBEMARLE COUNTY CODE
Automobile service station and truck repair shop: One (1) space per each employee plus two (2)
spaces per each service stall. In addition, when accessory activities such as the rental of
automobiles, trucks and trailers of all types exist on the site, there shall be provided suitable area
to accommodate the highest number of rental units expected at any one time. (Amended 2-5-03)
Barber shop, beauty shop: One (1) space per two hundred (200) square feet of gross floor area
plus one (1) space per employee.
Boarding hoarse: One (1) space per two (2) beds plus one (1) space per employee, (Amended 2-5-
03)
Building Material Sales: Repealed 2-5-03
Campground: One (1) space per campsite; for group campsites, adequate parking space shall be
-- provided for -buses as determined by the zoning administrator. - - -
Church: In the development areas identified in the comprehensive plan, if the area of assembly
seats more than one hundred persons, one (1) space per three (3) fixed seats or per seventy-five
(75) square feet of area of assembly, whichever shall be greater; if the area of assembly seats one
hundred persons or fewer, one (1) space per four (4) fixed seats or per seventy-five (75) square
feet of area of assembly, whichever shall be greater. In the rural areas identified in the
comprehensive plan, the number of proposed spaces shall be shown in a parking study submitted
by the church; the number of required spaces shall be determined by the zoning administrator, who
shall consider the recommendations in the parking study, traffic generation figures either known to
the industry or estimated by the Institute of Transportation Engineers, peak parking demands, and
other relevant information. Nothing herein requires the parking study to be prepared by a
transportation engineer. (Amended 2-5-03)
Club, lodge: One (1) space per three (3) fixed seats or per seventy-five (75) square feet; whichever
shall be greater. (Amended 2-5-03)
Contractor's (construction office, shop, equipment storage and materials yard): One (1) space per
employee assigned to work on-site plus one (1) space per facility vehicle. (Amended 2-5-03)
Dance Hall: Repealed 2-5-03
Day care center, nursery facilities: One (1) space per ten (10) children enrolled in the major class
or shift plus one (1) space per employee. In addition, a pick-up and drop-off area shall be
provided on the site. (Amended 2-5-03)
Dental clinic: One (1) space per one hundred seventy-five (175) square feet of net floor area.
(Added 2-5-03)
Drive-in lane serving any use: The number of stacking spaces shall be determined by the zoning
administrator using a combination of traffic generation figures either known to the industry or
estimated by Institute of Transportation Engineers. The stacking spaces shall be designed so as
not to impede required parking spaces, pedestrian or vehicular circulation. (Added 2-5-03)
Dive -in restaurant: Eighteen (18) spaces per each one thousand (1,000) square feet of gross floor
area.
Dry cleaning: One (1) space per fifty (50) square feet open to the public plus one (1) space per
employee. (Added 2-5-03)
Dwellings: (Amended 2-5-03)
18-4-21
Zoning Supplement #25, 2-5-03
ALBEMARLE COUNTY CODE
Single family detached (including manufactured homes); Two (2) spaces per unit, except
when the Virginia Department of Transportation requires three (3) spaces to offset the loss of
ancillary onstreet parking because a reduced urban street width has been permitted in
accordance with the "VDOT Subdivision Street Requirements."
Multi family units, including duplexes, single family attached, and townhouses, but excluding
student suites:
Number of Parking
Bedrooms/Unit Spaces/Unit
Any unit of 500 square feet or less 1.25
One (1) bedroom 1.50
Two (2) or more bedrooms 2.00
in addition, if parking is provided on individual lots, such as for duplexes and single - - -
family attached townhouses, rather than in lots or bays that are shared by all units in the
development, then one (1) guest space per four (4) units shall be provided.
Student suites: One and one-quarter (1 1/4) spaces per bedroom.
Multi family dtivellings for the elderly: One and one-quarter (1 1/4) spaces per unit plus one
(1) space per employee on the largest shift; provided that for a congregate care facility, one
(1) space per unit plus one (1) space per employee on the largest shift.
Eating Establishment: Repealed 2-5-03
Fast Food Restaurant: Repealed 2-5-03
Feed and seed store: One (1) space per four hundred (400) square feet of retail sales area.
(Amended 2-5-03)
Financial institution: One (1) space per one hundred fifty (150) square feet of gross floor area.
This requirement may be reduced by twenty-five (25) square feet per drive-in aisle. Each drive-
through lane serving a financial institution shall provide a minimum of five (5) stacking spaces
that shall not impede any required parking or loading spaces or • any pedestrian or vehicular
circulation aisles. (Amended 2-5-03)
Food store: One (1) space per two hundred (200) square feet of gross floor area.
Funeral hone: One (l) space per three (3) fixed seats or per seventy-five (75) square feet area of
assembly, whichever shall be greater. (Amended 2-5-03)
Furniture store and other large sized retail items such as appliances, carpeting, of
frce equipment
or specific building materials: One (1) space per four hundred (400) square feet of retail sales
area.. (Amended 2-5-03)
Gift, craft, antique shop: One (1) space per two hundred (200) square feet of gross floor area;
provided that for any area devoted to furniture, parking shall be one (1) space per foul• hundred
(400) square feet of such area.
Golf Course, Driving Range: Repealed 2-5-03
Greenhouse and nursery:.. (Amended 2-5-03)
Sales area within a greenhouse that is not in conjunction with any other retail sales: One
18-4-22
Zoning Supplement 425, 2-5-03
ALBEMARLE COUNTY CODE
D. Change to more restricted nonconforming use. If a nonconforming use is changed to a
more restricted nonconforming use, the original nonconforming use shall be deemed to be abandoned and
the use shall not thereafter be changed back to the original nonconforming use. For purposes of this
subsection, a more restricted nonconforming use is a use whose character is either less nonconforming than
the original nonconforming use, or that occupies less area of the lot or the structure or structures in which it
is located.
E. Effect of change of ownership. A change of the ownership or occupancy of the
nonconforming use, the structure, or the lot on which the nonconforming use is located, shall not affect the
status of the nonconforming use.
F. Termination of nonconforming status. The nonconforming status of a use shall terminate
and become unlawful if the use is enlarged or extended, or the structure used for the nonconforming use is
enlarged, extended, reconstructed or structurally altered, in a manner not authorized by this section. Upon
termination of the nonconforming status, the use of the lot or structure shall immediately comply with the - -
regulations set forth in this chapter applicable to the district in which the use is located.
G. Discontinuance of a nonconforming use. A nonconforming use and all uses accessory thereto
shall be discontinued, and any use of the structure or lot shall thereafter comply with the regulations set
forth in this chapter applicable to the district in which the use is located, if the nonconforming use is
discontinued for more than two (2) years, regardless of whether the use was continuous or seasonal. The
two (2) -year period shall not be tolled during any period during which a structure in which the
nonconforming use is conducted is extended, enlarged, repaired, reconstructed or altered as provided in this
section 6.2. The continuation of a use that is accessory to the nonconforming use during the two -(2) year
period shall not continue the nonconforming use.
(§§ 6.1.1, 6.1.2, 6.1.3, 6.1.4, 6.1.5, 6.2.1, 6.2.2, 6.4.1, 6.4.3, 6.6.1, 12-10-80, 3-5-86, 9-21-88, 9-9-92; Ord.
00-18(4),6-14-00)
State law reference — Va. Code § 15.2-2307.
6.2.1 (Repealed 6-14-00)
6.2.2 (Repealed 6-14-00)
Sec. 6.3 Nonconforming structures.
A nonconforming structure may continue, subject to the provisions, conditions and prohibitions
set forth herein.
A. Extension or enlargement of a nonconforming structure. A nonconforming structure
shall not be enlarged or extended except in the following circumstances, and provided that the enlargement
or extension complies with all other applicable requirements:
1. Conforming use and compliance with setbacks. The use of the structure
complies with the zoning regulations applicable to the district in which the structure is located, and
otherwise complies with the front yard, rear and side setback requirements applicable to the district in
which the lot is located.
2. Structure where nonconformity is its noncompliance with requirements of
section 4.2 of this chapter. The structure is a nonconforming structure solely on the basis of the
requirements of section 4.2 of this chapter, and qualifies for the exemption provided in section 4.2.6.1 of
this chapter.
18-6-3
Zoning Supplement 49, 6-14-00
ALBEMARLE COUNTY CODE
3. Structure where nonconformity is its noncompliance with front yard setback.
The structure is a nonconforming structure because it does not comply with the front yard setback
requirements of the zoning regulations applicable to the district in which the structure is located; provided
that the proposed enlargement or extension: (i) is no closer to a public street or private road right-of-way
than the existing nonconforming structure; (ii) is a minimum of twenty-five (25) feet from the right-of-way;
and (iii) the applicable rear and side yard setback requirements are complied with, unless they can be
reduced pursuant to section 4.11 of this chapter.
4. Detached single family dwelling where nonconformity is its noncompliance with
setback. The detached single family dwelling is a nonconforming structure because it does not comply with
any setback requirements of the zoning regulations applicable to the district in which the structure is
located, and the zoning district in which the dwelling is located authorizes detached single family dwellings
as a permitted use; provided that the proposed enlargement or extension is: (i) no closer to a public street or
private road right-of-way than the existing nonconforming dwelling; (ii) a minimum of twenty-five (25)
- -- feet from -the right-of-way; (iii) a minimum of six (6) feet from a side or rear property line; and (iv) no -
closer to any other the property line than the existing dwelling.
5. Sanitary facilities. Notwithstanding any other provision of this chapter, the sole
purpose of the enlargement or extension is to house a potable water supply, toilet or other sanitary facilities
in a location approved by the zoning administrator, provided that: (i) the sanitary facilities are not
duplicative of facilities within the existing structure; (ii) the enlargement or extension is limited to only that
area which is necessary to house the sanitary facilities; and (iii) the use of the new area is devoted only to
the sanitary facilities.
B. Repairs, reconstruction or structural alterations of a nonconforming structure. A
nonconforming structure shall not be reconstructed or structurally altered, except in the
following circumstances:
1. Damage caused by factors beyond control of owner or occupant. The
nonconforming structure (other than a nonconforming sign) is damaged as a result of factors beyond the
control of the owner or occupant thereof, provided that: (i) the repairs, reconstruction or structural
alterations commence within one (1) year, and are completed within two (2) years, from the date of such
damage; and (ii) the structure is not enlarged or extended as a result of such repair, reconstruction or
structural alteration.
2. Repair to correct unsafe condition in structure. Notwithstanding any other
provision of this chapter, the nonconforming structure may be repaired to strengthen or restore the structure
or any part thereof to a safe condition that has been declared to be unsafe by a public safety official. The
repairs may include improvements to provide fire safety and handicapped access, as provided in section
4.9, buildings and structures: handicapped access, of this chapter, even though these improvements are not
mandatory.
3. Structural alteration reducing size of nonconforming structure. A
nonconforming structure may be structurally altered to reduce its height or floor area. However, if a
nonconforming structure is altered so as to reduce either the height or the floor area of the structure, the
height or the floor area of the original nonconforming structure shall be deemed to be abandoned and the
structure shall not thereafter be altered to the original nonconforming structure.
4. Structure inhere nonconformity is its noncompliance with requirements of
section 4.2 of this chapter. The structure is a nonconforming structure solely on the basis of the
requirements of section 4.2 of this chapter, and qualifies for the exemption provided in section 4.2.6.1 of
this chapter.
18-6-4
Zoning Supplement #9, 6-14-00
ALBEMARLE COUNTY CODE
C. Relocation of a nonconforming structure. A nonconforming structure shall not be moved
to another location on the same lot or to any other lot unless the structure becomes conforming as a result
of the relocation. ,
D. Replacement of a nonconforming manufactured home. A nonconforming manufactured
home may be replaced with another manufactured home, provided it is labeled in accordance with the
current edition of the Virginia Manufactured Home Safety Regulations, and is installed in accordance with
the current edition of the Virginia Uniform Statewide Building Code, Section 4.1.6 of this chapter shall
apply to the replacement of the manufactured home.
E. Effect of change of ownership. A change of the ownership or occupancy of the
nonconforming structure or the lot on which the nonconforming structure is located shall not affect the
status of the nonconforming structure.
- - F. -- Termination of nonconforming status. The nonconforming status of a structure shall - - -
terminate and become unlawful if the structure is enlarged, extended, repaired, reconstructed, structurally
altered or replaced in a manner not authorized by this section. Upon termination of the nonconforming
status, the structure shall immediately comply with the regulations set forth in this chapter applicable to the
district in which the structure is located.
G. Discontinuance of use of nonconforming structure. Use of a nonconforming structure
shall be discontinued, and the structure shall thereafter comply with the regulations set forth in this chapter
applicable to the district in which the structure is located, if the occupation or use is discontinued for more
than two (2) years, regardless of whether the prior occupancy or use of the structure'was continuous or
seasonal. The two (2)7year period shall be tolled during any periods during which the owner diligently and
in good faith pursues obtaining an occupant or use for the structure and during the period during which the
owner diligently and in good faith extends, enlarges, repairs, reconstructs or alters a structure as authorized
in this section 6.3.
(§§ 6.1.1, 6.1.2, 6.1.3, 6.2.1, 6.2.2, 6.4.2, 6.6.1, 6.6.2, 12-10-80, 9-21-88, 9-9-92; Ord. 00-18(4), 6-14-00)
State law reference — Va. Code § 15.2-2307.
Sec. 6.4 Nonconforming lots.
A nonconforming lot may continue, subject to the provisions, conditions and prohibitions set forth
herein.
A. Physical changes to a nonconforming lot. A nonconforming lot may be changed as
follows:
1. Area or width. The area or width, or both, of a nonconforming lot may be
increased to make the lot less nonconforming.
2. Boundary line adjustments. The boundary of a nonconforming lot may be
adjusted provided that one lot sharing the boundary to be adjusted is a conforming lot and the boundary line
adjustment does not make the conforming lot nonconforming or the nonconforming lot more
nonconforming.
3. Public dedication or eminent domain. The area of a nonconforming lot may be
reduced by dedication for a public purpose or by the exercise of eminent domain.
B. Uses allonved on a nonconforming lot. A nonconforming lot may be used as though it
satisfies the zoning regulation that makes it nonconforming, provided that:
18-6-5
Zoning Supplement #9, 6-14-00
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 13
RESIDENTIAL - R-1
Sections:
13.1
INTENT, WHERE PERMITTED
13.2
PERMITTED USES
13.2.1
BY RIGHT
43.2.2----
BY SPECIAL USE PERMIT _...__
13.3
AREA AND BULK REGULATIONS
13.4
BONUS FACTORS (REFERENCE 2.4)
13.4.1
ENVIRONMENTAL STANDARDS
13.4.2
DEVELOPMENT STANDARDS
13.4.3
LOW AND MODERATE COST HOUSING
13.5
CLUSTER DEVELOPMENT OPTION REGULATIONS
13.1 INTENT, WHERE PERMITTED
This district (hereafter referred to as R-1) is created to establish a plan implementation zone that:
-Recognizes the existence of previously established low density residential districts in
communities and the urban area; (Amended 9-9-92)
-Provides incentives for clustering of development and provision of locational, environmental and
development amenities; and
-Provides for low density residential development in community areas and the urban area.
(Amended 9-9-92)
R-1 districts may be permitted within community and urban area locations designated on the
comprehensive plan. (Amended 9-9-92)
13.2 PERMITTED USES
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)
18-13-1
Zoning Supplement #30, 10-13-04
ALBEMARLE COUNTY CODE
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 I I-1-89)
10. Tourist lodgings (reference 5.1.17).
l l . 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; micro-
wave 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).
18-13-2
Zoning Supplement #30, 10-13-04
ALBEMARLE COUNTY CODE
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)
(§ 20-13.2.2, 12-10-80; 9-2-81; Ord. 04-18(2), 10-13-04; Ord. 05-18(7), 6-8-05))
13.3 AREA AND BULK REGULATIONS
---. AREA AND BULK REGULATIONS
13.4 BONUS FACTORS (REFERENCE 2.4)
13.4.1 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)
13.4.2 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:
The acreage of the land dedicated and accepted shall be multiplied by twice the gross density -
standard level, and the resulting number of dwellings may be added to the site, provided that the
18-13-3
Zoning Supplement 1136, 6-8-05
STANDARD LEVEL
BONUS LEVEL
CONVENTIONAL
CLUSTER
CONVENTIONAL
CLUSTER
REQUIREMENTS
DEVELOPMENT
DEVELOPMENT
DEVELOPMENT
DEVELOPMENT
Gross density
0.97 du/acre
0.97 du/acre
1.45 du/acre
1.45du/acre
Minimum Lot Size
45,000 sq ft
30,000 sq ft
30,000 sq ft.
20,000 sq ft
Minimum
frontage:
public, private
120 feet
100 feet
100 feet
80 feet
Yards, minimum:
Front
25 feet
25 feet
25 feet
25 feet
Side
15 feet
15 feet
15 feet
15 feet
Rear
20 feet
20 feet
20 feet
20 feet
Maximum
Structure height
35 feet
35 feet
35 feet
30 feet
13.4 BONUS FACTORS (REFERENCE 2.4)
13.4.1 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)
13.4.2 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:
The acreage of the land dedicated and accepted shall be multiplied by twice the gross density -
standard level, and the resulting number of dwellings may be added to the site, provided that the
18-13-3
Zoning Supplement 1136, 6-8-05
ALBEMARLE COUNTY CODE
density increase shall not exceed fifteen (15) percent. The dedication shall be accepted by the -
board of supervisors prior to final approval.
For provision of road improvements to secondary or primary roads not otherwise required by this
ordinance or Chapter 14 of the Code of Albemarle, a density increase up to twenty (20) percent
shall be granted, to be agreed upon by the commission and the applicant, based upon the relative
need for transportation improvements in the area. The need for such improvements shall be
established by the Virginia Department of Highways and Transportation. (Amended 8-14-85)
13.4.3 LOW AND MODERATE COST HOUSING
For provision of low or moderate cost housing units as follows, a density increase of thirty (30)
percent shall be granted:
a. At least thirty (30) percent of the number of units achievable under gross density -standard
level shall be developed as low or moderate cost units; and
b. The initial sale price for sale units or the rental rate for a period of five (5) years for rental
units shall qualify as low or moderate cost housing under either the Virginia Housing
Development Authority, Farmers Home Administration or Housing and Urban Development
Section 8; and
c. If rental units, the developer shall enter into an agreement with the County of Albemarle
restricting the rental rates of the low or moderate cost units for a period of five (5) years or
until the units are sold as low or moderate cost units whichever comes first; and
d. If sale units, the developer shall provide the director of planning and community development
with confirmation of the initial sale price for the low or moderate cost units prior to the
issuance of building permits for the bonus units; (Amended 8-14-85)
e. Mobile homes for rent in an approved mobile home park shall be considered rental units
under this section provided they qualify as low or moderate cost housing under the Housing
and Urban Development Section 8 program; (Added 3-5-86)
f. Mobile home lots for rent in an approved mobile home park shall qualify for this bonus
provided the developer shall enter into an agreement with the County of Albemarle that the
lots shall be available for rent to mobile home owners for a period of five (5) years; (Added 3-
5-86)
g. Mobile home lots for sale in an approved mobile home subdivision shall qualify for this
bonus provided the developer shall restrict the use of the lots to mobile homes or other
low or moderate cost housing for a period of five (5) years. (Added 3-5-86)
13.4.4 The cumulative effect of density factors above may not exceed fifty (50) (Amended 8-14-85)
13.5 CLUSTER DEVELOPMENT OPTION REGULATIONS
At the option of the owner, regulations under cluster development provisions in section 13.3 may be
used for cluster development of the land to be subdivided and developed. Use of cluster provisions
shall be subject to other requirements of this ordinance, applicable health requirements and the
provisions of Chapter 14 of the Code of Albemarle. (Amended 8-14-85)
18-13-4
Zoning Supplement #36, 6-8-05
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MEMO[ EmEt NOR ff m—
� a �
\ l � •, p6 a � � e
COUNTY OF ALBEMARLE
Department of Planning & Community Development
401 McIntire Road, Room 218
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 4012
September 16, 2003
_.._...Randy E. Fox...._
1968 Avon Street Ext
Charlottesville, VA 22902
RE: SP -03-48 Randy E. Fox Home Occupation Class B; Tax Map 90, Parcel 31
Dear Mr, Fox:
The Albemarle County Board of Supervisors, at its meeting on September 10, 2003, by a vote of 6:0, approved the
above -noted request. Please note that this approval is subject to the following conditions:
1. There shall be no additional employees at the site outside of family living at 1968 Avon Street
Extended;
2. The applicant will be required to submit a Certified Engineers Report demonstrating
compliance with the performance standards in the Zoning Ordinance Section 4.14;
3. The applicant will revise the conceptual plan received by the Planning Department on
July 15, 2003 to include a statement limiting the number of vehicle trips weekly to 14;
4. A standard entrance permit for a private road entrance shall be required. VDOT
specifications for sight distance shall be required; and
5. No machinery generating noise shall be operated between the hours of 7:00 p,m. and 7:00 a.m.
In the event that the use, structure or activity for which this special use permit is issued shall not be commenced
within twenty-four (24) months after the issuance of such permit, the same shall be deemed abandoned and the
authority granted thereunder shall thereupon terminate. For purposes of this section, the term "commenced" shall
be construed to include the commencement of construction of any structure necessary to the use of such permit
within two (2) years from the date of the issuance.
Please be aware that establishment and operation of a Home Occupations, Class Buse is subject to supplementary
regulations of the Zoning Ordinance (Section 5.2). Copies of the supplementary regulations are attached.
Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning
Department will issue a clearance, you must comply with the conditions in this letter. For further information, please
call Jan Sprinkle at 296-5823.
If you should have any questions or comments. regarding the above -noted action, please do not hesitate to contact
me.
Sincerely,
0rZing. V. Wayne Ci
Director of Fl(
VW C/jcf
ATTACHMENTS
Cc: Amelia McCulley Jack Kelsey
Tex Weaver Steve Allshouse
COUNTY OF ALBEMARLE
Department of Building Code and Zoning Services
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
FAX (434) 972-4126 TELEPHONE (434) 296-5832 TTD (434) 972-4012
March 8, 2004
Diane or Randy Fox
1968 Avon Street Extended
Charlottesville, VA 22902
CORRECTED LETTER
RE: Board of Zoning Appeals Action
VA -2003-013 --Tax Map 90, Parcel 31
Dear Mr. & Mrs. Fox:„
At their meeting on March 2, 2004, the Board of .Zoning Appeals voted (3-1) to approve
your request to decrease the front setback on an internal private road from 25 to 7 feet,
a variance of 18 feet to construct an addition to a dwelling that exists 7.53 feet from the
property line adjacent to a right of way serving 3 lots. This approval is subject to the
following condition:'
This variance is for the construction of the addition as described in this file only.
Any future additions or replacements will be subject to the setback and yard
regulations at the time of application.
If you have any questions, please feel free to contact our office.
Sincerely,
John Shepherd
Manager of Zoning Administration