HomeMy WebLinkAboutZTA200900006 Legacy Document 2009-04-15COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: ZTA2009 -00006 Accessory
Structures in required yards
SUBJECT /PROPOSAL /REQUEST: Resolution of
Intent & Work Session - Discussion of
restoration of front setback for accessory
structures and minimum separation between
accessory and primary structures.
BACKGROUND:
STAFF: John Shepherd and Stewart Wright
PLANNING COMMISSION DATE: April 21, 2009
Section 4.11.2.1 was amended in 1983 to increase the accessory structure setback from 5 to 6 feet and prohibited the
location of such structures in required yards adjacent to streets, roads or access easements in the Rural Areas or
residential districts. To better allow the implementation of the neighborhood model, this section was again amended in
2002 to allow accessory structures to be set back 3 feet from alleys and shared driveways. The language that previously
prohibited accessory structures in required front yards was not included in the 2002 amendment of the section.
DISCUSSION:
This ZTA includes the following revisions to the ordinance.
1. The proposed ZTA restores the requirement that accessory structures shall not be located in required front yards.
It is staff opinion that this provision was inadvertently omitted from the 2002 amendment. It is also staff opinion
that the front setback maintains a clear zone between streets and primary structures. In addition, this provision
contributes to transportation safety and an orderly pattern of development.
2. The proposed ZTA adds retaining walls to the accessory structures that are permitted in required yards. This
codifies our consistent, long- standing administrative practice to allow retaining walls in required yards.
3. The proposed ZTA adds a provision that requires accessory structures located closer than one foot from a primary
structure to comply with the minimum yard requirements for the primary structure. This closes a loophole that has
allowed structures that were detached by as little as'/ inch to be considered to be detached. These "detached "
structures can now be located six feet from a property line. It is staff opinion that such structures that effectively
function as a part of the primary structure are appropriately subject to the applicable primary setback.
4. The proposed ZTA reorganizes and clarifies the existing provisions of section 4.11.2. This amendment will also
provide a clearer understanding of what is allowed and should result in fewer questions of staff. It will also allow for
greater efficiencies in use determinations, plan and plat reviews and enforcement.
RECOMMENDATIONS:
Staff recommends approval of the attached Resolution of Intent. (See Attachment B) Staff asks that the Commission
advise if it recommends revisions to the proposed ZTA and to set this matter for public hearing.
ATTACHMENTS:
ATTACHMENT A: Proposed Albemarle County Zoning Ordinance amendments regarding accessory structures
ATTACHMENT B: Resolution of Intent
Draft: 04/10/09
ORDINANCE NO. 09 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, OF
THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article II, Basic Regulations, of the Code of the County of Albemarle is amended and reordained
as follows:
By Amending and Renumbering (old section number first, followed by name, followed by new
section number):
Sec. 4.11.2 Structures in required yards
Sec. 4.11.2 (part)
Sec. 4.11.2.1 Accessory structures
Sec. 4.11.2 (part)
Sec. 4.11.2.2 Public telephone booths
Sec. 4.11.2 (part)
Sec. 4.11.2.3 Fences, mailboxes
Sec. 4.11.2 (part)
and similar structures
By Adding:
Sec. 4.11.3 Structures within easements
Chapter 18. Zoning
Article II. Basic Regulations
10 80; 1 1 83; Ord. 02
18(2), 2 6 02)
booths
(2
See. 4.11.2.2 Publie telephone
right -e€ way line-ei: right
of way Feservatie e;
.
OIL
Ln
10 80; 1 1 83; Ord. 02
18(2), 2 6 02)
booths
(2
See. 4.11.2.2 Publie telephone
right -e€ way line-ei: right
of way Feservatie e;
.
Attachment A
Draft: 04/10/09
b. The leeatien of evefy booth shall be deteffnined by the zoning administfatef te ensure that the saffle
e. Ever-5, seek beeth shall be subjeet to r-eleeatien at the expease ef the evvnef, whenever- stiek feleeatien
safe� and welfare of whenever- the same shall be neeessary to aeeemmedate the widening ef the
adjaeent highway.
See. 4.11.2.3 Fenees, mailboxes, and similar- struetur-es
Fenees, > signs,
f+em seheel shall be permitted in all distr-iets and shall be exempt f+efn all sethaek and yafd r-equir-emefits
n n shall b
Accessory structures in required yard
Accessory structures are authorized in required yards as follows:
a Front yards Subject to subsection (c) accessory structures including detached garages. are
prohibited within the minimum front yard required by the applicable district regulations
b Side and rear yards. Subject to subsection (c), accessory structures are permitted in side and rear
yards but shall be erected no closer than six (6) feet to the side or rear property lines or, in the case
of an alley or a shared driveway, no closer than three (3) feet to the edge of the easement or right -
of -way of the alley or shared driveway. The director of zoning and current development may
authorize an accessory structure to be located closer to the edge of an alley easement or right -of-
way if the director determines that based upon the written recommendation of the county engineer
the proposed design incorporates features that assure public safety and welfare. The county
engineer shall consider the provision of adequate access to required onsite parking and /or garages,
unimpeded vehicular circulation along the alley, an adequate clear zone along the alley, and other
safety issues deemed appropriate for the conditions.
C. Accessory structures permitted in required vards. Subject to the visibility clearance requirements
of section 4.4, the following accessory structures are permitted in required yards as follows:
1. Fences. including free- standing walls enclosing yards and other uncovered areas.
2. Freestanding mail and newspaper boxes.
3. Retaining walls.
4. Signs.
5. Shelters for school children traveling to and from school.
6 Public telephone booths provided that: (i) such telephones are equipped for emergency
service to the public without prior payment: (ii) the zonjng administrator determines that
the location of the booth will not adversely affect the safety of the adjacent street: and (iiil
the booth shall be subiect to relocation at the expense of the owner, whenever relocation is
determined by the zoning administrator to be reasonably necessary to protect the public
Draft: 04/10/09
health, safety and welfare or whenever relocation is necessary to accommodate the
widening of the adjacent street.
d Accessory structures located closer than one (1) foot to primary structure Accessory structures
for which any part is located closer than one (1) foot to any part of a primary structure shall comply
with the minimum applicable yard requirements for a primary structure.
(12- 10 -80, § 4.11.2 (3- 18 -81), 4.11.2.1 (1 -1 -83, Ord. 02- 18(2), 2- 6 -02), 4.11.2.2 (3- 18 -81), 4.11.2.3
(Added 3- 18 -81))
Sec. 4.11.3 Structures within easements.
No structure shall be permitted within an easement without the express written consent of the easement
holder and only if it is determined that the location of the structure within the easement does not adversely
affect the purpose of the easement The written consent shall be submitted to the department of community
evelopment.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as
recorded below, at a regular meeting held on
Aye Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Clerk, Board of County Supervisors
RESOLUTION OF INTENT
WHEREAS, setback and yard regulations in the Zoning Ordinance establish the minimum distances
from lot lines and street lines to structures; and
WHEREAS, it is desired to amend the setback and yard regulations pertaining to accessory structures in
Zoning Ordinance §§ 4.11.2, 4.11.2.1, 4.11.2.2 and 4.11.2.3 and to add regulations pertaining to the location of
structures within easements. .
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a
resolution of intent to amend Zoning Ordinance §§ 4.11.2, 4.11.2.1, 4.11.2.2, and 4.11.2.3 and any other
regulations of the Zoning Ordinance deemed appropriate to achieve the purposes described herein, and to add
regulations as described above; 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.
Attachment B