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HomeMy WebLinkAboutZTA200900005 Legacy Document 2009-04-08COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Resolution of Intent to Amend Zoning Ordinance Sections relating to Enforcement and Administration SUBJECT /PROPOSAL /REQUEST: In order to better administer and enforce the Zoning Ordinance: a) clarify and revise problematic provisions such as the provision of definitions; b) include new provisions such as for enforcement of temporary uses; c) reformat and renumber sections and d) make changes for consistency with the Virginia Code. STAFF CONTACT(S): Ms. McCulley; Mr. Heide, Mr. Newberry, Mr. Kamptner AGENDA DATE: April 14, 2009 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes BACKGROUND: In an effort to improve procedure and provide clarity for administration, staff from Community Development and the County Attorney's Office have compiled a list of frequently used sections of the Zoning Ordinance which warrant amendment. These changes reorganize and reformat the current Ordinance in a way that is more consistent with provisions in the Virginia State Code and also make new provisions for its administration and enforcement. DISCUSSION: The majority of amendments to sections 3.1, 31, 34.3, 36, and 37 involve reformatting, renumbering or renaming to remove inconsistencies, to provide better organization and to further clarify the Ordinance. One such example is included in the amendment to Section 3.1 where language is added to differentiate the way our' County Code" is labeled and defined from Virginia's "State Code." Another addition would explicitly specify that the Building Code for Albemarle County adheres to the "Virginia Uniform Statewide Building Code." Other amendments simplify the administration of site plan bonds, building permits, and certificates of occupancy. One such revision gives the ability to administratively extend bonds for unfinished developments subject to site plan as builders continue to work through the economic downturn. This would have no impact on the requirement for the installation of safety improvements, which may not be bonded. Other related amendments reformat submittal requirements to more clearly outline what information is necessary for staff to begin the review process. Finally, more substantive amendments will update the Ordinance to reflect improvements in our enforcement processes. An example is specific provisions relevant to temporary uses. These sections provide for a reduced appeal period and the hand delivery of determinations made by the Zoning Administrator. A comprehensive list of the considered sections in Chapter 18 is shown in Attachment A. RECOMMENDATION: Staff recommends that the Commission adopt the attached Resolution of Intent to amend the stated sections of Chapter 18. ATTACHMENTS: ATTACHMENT A— Resolution of Intent Attachment A TABLE OF PROPOSED ORDINANCE CHANGES RESOLUTION OF INTENT WHEREAS, the Zoning Administrator is authorized to administer and enforce the Zoning Ordinance; and WHEREAS, in recent years the General Assembly has amended the Virginia Code to enable localities, through their zoning administrators, boards of zoning appeals, and other officers to exercise additional powers and to provide for additional and alternative procedures to administer and enforce their zoning ordinances; and WHEREAS, it is desired to amend the Albemarle County Zoning Ordinance to implement the powers and procedures enabled by the Virginia Code and to make other related changes to the Zoning Ordinance's regulations pertaining to the administration and enforcement of the Zoning Ordinance; and WHEREAS, it also is desired to amend the Albemarle County Zoning Ordinance to further clarify and to reorganize several provisions related to its administration and enforcement. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Planning Commission hereby adopts a resolution of intent to amend sections 3.1, 31, 34.3, 36 and 37 of the Albemarle County Zoning Ordinance, and any other regulations of the Zoning Ordinance deemed appropriate to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date.