HomeMy WebLinkAboutZTA200900006 Legacy Document 2009-05-20�� pF Al R��t
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: ZTA2009 -00006
Accessory Structures in required yards
SUBJECT /PROPOSAL /REQUEST:
Amendment to restore front setback for
accessory structures and to establish
minimum separation between accessory
and primary structures.
BACKGROUND:
STAFF: John Shepherd and Stewart Wright
PLANNING COMMISSION DATE: May 19, 2009
BOARD OF SUPERVISORS DATE: TBA
Section 4.11.2.1 was amended in 1983 to increase the accessory structure setback from 5 to 6 feet and to
prohibit the location of such structures in required yards adjacent to streets, roads or access easements in the
Rural Areas or residential districts. This section was again amended in 2002 to allow accessory structures to be
set back 3 feet from alleys and shared driveways to better allow the implementation of the neighborhood model.
The language that previously prohibited accessory structures in required front yards was not included in the
2002 amendment of the section. As a result, accessory may now be located six feet from the front property line
in the RA and residential districts.
Buildings can be considered to be accessory, and eligible for location within 6 feet of a property line, if
detached from the primary structure. The minimum distance of separation is not specified in the ordinance. This
results in porches and garages that are separated by as little as one half an inch from the primary structure to
be located six feet from a property line. While legal, this circumvents the principle that primary structures and
uses should meet primary setbacks.
The Planning Commission held a work session on this proposal on April 21, 2009. The Commission adopted
the Resolution of Intent and advised staff as follows:
• The originally proposed 1 -foot separation between primary and accessory structures should be
increased to 6 feet.
• Signs, which are regulated in section 4.15, should be eliminated from the list of accessory structures
that are allowed in required yards.
• Automated Teller Machines and retaining walls should be added to the list of accessory structures that
are allowed in required yards.
• Dumpsters, which are subject to screening requirements of section 4.12.19 and 32.7.9, should not be
added to the list of accessory structures that are allowed in required yards.
DISCUSSION:
This amendment reorganizes sections 4.11.2, 4.11.2.1, 4.11.2.2 and 4.11.2.3 into two well drafted sections.
The purpose of this amendment is to restore the front setback for accessory structures to that of the required
front yard and to provide a minimum separation between primary and accessory structures of a minimum of six
(6) feet. It adds retaining walls and ATMs to the list of accessory structures that are allowed in required yards.
Finally, it creates a new, separate section that strengthens the regulation of structures located in easements.
Specifically, 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 zoning text
amendment. It is also staff opinion that the front setback maintains a beneficial clear zone between
streets and primary structures. This provision contributes to transportation safety and to 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 also adds Automatic Teller Machines to the accessory structures that are permitted
in required yards. It is staff opinion that ATM machines are comparable to telephone booths which have
been permitted in required yards since 1981.
4. The proposed ZTA adds a provision that requires accessory structures located closer than six feet 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 1/2 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. Staff notes that the proposed 6 -foot separation decreases the
area available for accessory structures located between a primary structure and a side or rear lot line,
thus reducing the current development potential of the affected lots.
5. The proposed ZTA creates a new section, 4.11.4 that prohibits the location of structures in easements
without the written consent of the easement holder.
6. 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.
PUBLIC PURPOSE TO BE SERVED: This proposal restores regulations that provide for a more orderly
development pattern in front yards in the rural and residential districts. It also creates a clear distinction
between primary and accessory structures for the purpose of maintaining setbacks.
ADMINISTRATION/ REVIEW PROCESS: This proposal will not change the review process for the vast
majority of permits for accessory structures. The reduced area available for accessory structures can be
expected to result in a small number of requests for setback variances.
IMPLICATIONS TO STAFFING / STAFFING COSTS: This proposal will have an insignificant effect on
staff time or cost. The limited number of variances resulting from the increased separation will result in
increased staff time and cost to the applicant.
HOUSING AFFORDABILITY: This proposal will have no effect on housing affordability.
RECOMMENDATION: Staff recommends approval of the draft ordinance. (See Attachment A)
ATTACHMENTS:
ATTACHMENT A: Albemarle County Zoning Ordinance Section 4.11.2, dated May 4, 2009
ATTACHMENT B: Resolution of Intent
Draft: 05/04/09
ORDINANCE NO. 09 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE H, 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. 4.11.4 Structures within easements
Chapter 18. Zoning
Article Il. Basic Regulations
10 80; 1 1
!l.- .1
93; 07 18(2),2 G 02)
(12 v
See 4.11.2.2
e
Publie telephone booths
i4ght of , 1;
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way o ° .............
1; i ed tl...t.
e, Yr °..wow ..�4�.
e
Attachment A
Draft: 05/04/09
will iiet aEh,er-sely afket the safety of the adjaeepA highway;
e. Every sueh booth shall be stibjeet te r-eleeatieti a4 the e*peme ef the owlier, whenever sueh releefftie
..
See. 4.11.2.3 Fenees, mailboxes, and simflar- struetures-
Fenees, free standing mail ajid/of newspapff bomes, signs, and shelters fef seheel ehildfefi tfm,eling to an
deemed te inelude ff ee standing Yvalls enele sing 5wds and ether tmeaver-ed areas. (Addition 3 18 84-)
Accessory structures I required yarAs
Accessoi:y structures are authorized in required / • •.
r •r duding detachcd garages, are prohibitod witWn I& 1• l u.0
kont yard regWred by the applicable district regulations excot as otherwise provided in subs ction
• i' and rear yardL Accessory sta_ 1.111 -! in side and re • / l"l Le _
are erected no closer than six (6) fed IQ the side or rear i2rQpcM lines or, in the case of an allgy or a
shared driveway, no clos-c;�See (3) f�� W the Wo of the easement or right-of-way of th
alley or shared driveway excuX as othemise provided in subsection (c). nic-&octor of
and current develQ=ent may ••_." an accessQry stnicture to be locatcd closer to the -•'- • el
or •'h. • the director . detennines that, based =on S "S
recommendation of the county engincer, - . incorporate�atures that assure
public safety _ " and • . - 1 - • l =! 4 _ L " " l e consider the provision • _ . 1. " ! .. - 1
adequate _! •• a] • _— and olhff-safeMlssues deemed 1!"• . /! ••4. - far the condLtiou&
C. Accusory structures 2 •. / '! •/ '/_ G / 1" _1 1. !! a •r structures
in "• _ "1 yards provided l- ey co=Ly withAh- !vi-lty clearance section.
_sp areas.
2. •_l.' mail and newsaager boxes-
3.
Rglaining walls.
_Icjb ". 111_•1" /•1 •_ provided l_e. t: (i) the telephoms are ggUipped-for "•l" ' •.
service • !." public 1l.1. 1zIl1 "! _ the zoning admiiiistratOT •- "ss Le
the location of the booth will not adversely affect the safety of the adjacent str(,��
the booth shall be subject to relocation at the =ease of the owner, whenever relocatiQD-is
detennined by the zoning adn-idni or to be reasonably necessary to mtect the publi-c
health, safety and welfare or whenever relocatiQn is necessary to accommodatt-ft
Attachment A
Draft: 05/04/09
,� •,• • • • �._ • • .• •. • •••�..�
- WN
•�_� t _• .•• ,•_ • �__ �� • • ••u,.r •. •.
(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))
•__11MIMI Ilisp, __ J
1, 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
Ave Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek _
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Clerk, Board of County Supervisors
3 Attachment A
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, 4.1 1.2.1, 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