HomeMy WebLinkAboutAP200900011 Staff Report 2010-04-30AP200900011 1 January 19, 2010
STAFF PERSONS: Robert Heide / Amelia McCulley
BZA HEARING: February 2, 2010
STAFF REPORT— AP200900011 of Notice of Violation
APPELLANT: Pantops - Lakeridge LLC
In accordance with Albemarle County Code § 18 -34.3, Pantops- Lakeridge LLC (the
Appellant) has appealed the Zoning Administrator's determination of November 12,
2009.
Description of Property: Parcel ID 07800 -00 -00 -05700 is a 253.641 -acre parcel
located past the end of Fontana Drive, behind the Fontana subdivision. The property is
zoned Rural Area (RA), Residential (R1), and Planned Residential Development (PRD)
districts. (See Attachment 1)
Background of Appeal:
In late October 2009, the County received a report regarding a stone crushing
operation. Subsequently, several inspections were conducted and staff found
machinery used for processing gravel from large rock in full operation on the property.
In addition, the property owner confirmed that rock processing was taking place for on
and off -site use, but claimed it was customary and accessory to the development of the
property. Staff allowed processing for on -site use only. All on -site processing and
trucking for off -site use was to cease.
Following the Zoning Administrator's determination that the processing and trucking of
gravel for off -site use was not permitted in the RA, R1 and PRD Zoning Districts, Notice
of Violation (NOV) ZV10200900207 was sent on November 12, 2009. The Appellant
filed its appeal of this NOV on November 13, 2009.
Determination:
The Determination of Zoning Violation for ZV10200900207 cites §§ 10.2, 13.2, and 19.3
of the Zoning Ordinance, which list the "Permitted Uses" in the RA, R1, and PRD Zoning
District, respectively. (See Attachment 2) The determination was that this use was not
permitted in those zoning districts, either as a primary use by -right or as an accessory
use. Because this use was not permitted, it constituted a zoning violation.
Grounds for Zoning Administrator's Decision:
Multiple inspections were conducted over a two -week period, confirming that the activity
was ongoing and intense. On each visit, multiple machines were present and operating.
Large rock was placed on a conveyor and then processed and reduced to gravel. It
would then be loaded into either an articulated dump truck for on -site disposal or into a
road -legal dump truck for off -site use. Weather permitting, the process seemed to last
for most of the day and caused a significant amount of noise and dust. (See Attachment
3)
AP200900011 2 January 19, 2010
Though the appellant suggests that the processing of stone for off -site use is accessory
to construction activity § 3.1 of the Zoning Ordinance gives the following definition of the
term "Accessory Use, Building or Structure ": "A subordinate use, building or structure
customarily incidental to and located upon the same lot occupied by the primary use,
building, or structure, and located upon land zoned to allow the primary use, building or
structure. (Amended 10- 9 -02)" [Emphasis added] The key components to this
definition are: 1) that the use is customary; and 2) that it is incidental to the primary
use.
Webster's Third New International Dictionary defines "customary" as "commonly
practiced, used or observed." Zoning staff consulted others to determine whether this
activity was customarily related to construction. Director Mark Graham and Erosion
Control Officer Kenny Thacker, each with 20- 30 years of experience in construction,
indicated that this activity is not customarily associated with construction. In addition,
zoning officials in all seven (7) other localities consulted indicated that this activity was
not an accessory use to construction. Most concluded that this activity represented a
use similar to a quarry or natural resource extraction and processing.
The second component to this definition is that the accessory use be incidental to the
primary use. Webster's Third New International Dictionary, the reference most used by
the courts, defines "incidental" as: "a subordinate or incidental item." While processing
stone for on -site use may be a subordinate activity, once the stone is processed for off -
site use, its scale and intensity is no longer subordinate to site development
construction activity. At that point, the stone processing becomes a primary use of the
property.
Appellant's Justification For Appeal:
Mr. Hurt represents Pantops — Lakeridge LLC, which is the current property owner.
The Appellant states in the appeal application that the processing of stone "is accessory
to the construction activities related to the installation of the improvements for the
approved road plans for Hyland Ridge Subdivision." Statements made elsewhere
broaden the Appellant's justification to include removal of any excess material from the
site as being accessory to its development.
Staff Response:
In addressing the Appellant's written justification, staff concluded that the stone
processing for on -site use could be considered accessory to that property's
development.
However, processing stone on -site for unrelated off -site development goes beyond what
can be considered "usual or customary" and accessory to development. The character
of such use is far more intense and begins to more closely resemble other uses, such
as Natural Resource Extraction, defined in Albemarle County Code § 18 -3.1 as "The
process by which... gravel... is removed from any open pit ... and produced for sale,
exchange or commercial use or otherwise removed from the site..." (See Attachment 4)
AP20090001 1
3 January 19, 2010
None of the multiple development departments that staff queried throughout Virginia
permitted this level of intense use as accessory to development. In addition, the
Appellant could have transported the indigenous rock to its own quarry, only a few miles
away, for further processing and off -site use.
rnnrhminn-
The permitted use language in each zoning district does not name any type of activity
related to the use described above. Staff has given the benefit of the doubt to the
Appellant regarding what has been deemed as accessory to developing the land.
However, because the processing of stone for off -site use is neither customary nor
incidental to development of the original site, it is a primary use and is therefore not
permitted. (See Attachment 5)
Staff recommends that the BZA affirm the Zoning Administrator's determination.
Attachments:
1. Zoning Map of Pantops - Lakeridge LLC Property
2. Notice of Violation
3. Photos of Violation
4. Natural Resource Extraction definition from the Zoning Ordinance
5. Sections 10.2 (RA), 13.2 (R1), 19.3 (PRD) of the Zoning Ordinance
ATTACHMENT 2
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COUNTY OF ALBEMARLE
Community Development Department i
401 McIntire Road
_ ^Charlottesville, Virginia 22902 -4596 _
FAX (434) 972 -4126 TELEPHONE (434) 296 -5832 TTD (434) 972 -4012
NOTICE OF OFFICIAL DETERMINATION OF VIOLATION
The Date this Notice of Determination is given is November 12, 2009. No: ZVI0200900207
CERTIFIED MAIL, # 917108 2133 3936 2677 2486
Charles W, Hurt c/o
Pantops — Lakeridge, LLC
195 Riverbend Drive
Charlottesville, Virginia 22911
Property: 07800 -00 -00 -05700
Tax Map and Parcel Number
Zoning: Rural Areas [RA] District
Dear Mr. Hurt,
Pantops — Lakeridge, LLC
Owner of Record
This notice is to inform you that the above described property is in violation of the Albemarle County
Zoning Ordinance, This conclusion is based on the fact that a Code Enforcement Officer visited the listed
property on November 6, 2008 and found that the following conditions existed:
The crushing and processing of st6ne for use off site.
The described use or structure did not exist prior to the zoning ordinance(s) it violates. Therefore, it
cannot be considered a legal, but non - conforming use or structure. With that in mind, the following
section(s) of the Zoning Ordinance have been violated:
Section 10.2 Permitted Uses (in Rural Area District);
Section 13.2 Permitted Uses (in Residential R -1 District);
Section 19.3 Permitted Uses (in Planned Residential Development District);
This letter also serves to notify you to stop the activity or use outlined above immediately, Failure to
comply with this notice will result in legal action being taken against you and any other owner or tenant.
In addition, you must bring the property into compliance immediately to avoid court action, Compliance
past this date does not preclude the County from pursuing legal action,
ZV10200900207 Page 2 November 12, 2009
- - -- _ _..._..__ .._ _ ., ._ _
If you are aggrieved by this determination, you have aright to appeal it within thirty (30) days of this
notice, in accordance with Virginia Code § 15.2 -2311. If you do not file a timely appeal, this
determination shall be final and unappealable, An appeal may be taken only by filing with the Zoning
Administrator and the Board of Zoning Appeals a notice of appeal that specifies the grounds for the appeal,
An appeal application must be completed and filed along with the fee of $120.
1f y_qu have any questions, please contact Andrew Kellerman, Code Enforcement Officer,
at 434 -296 -5832 ext. 3415.
i
Amelia McCulley, .1,C.P.
Zoning Administrator
County of Albemarle
i
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ATTACHMENT 3
1/25/2010
ATTACHMENT 4
ALBEMARLE COUNTY CODE
Lot, Interior: Any lot other than a corner lot.
Lot, Width of The average horizontal distance between side lot lines.
Lot of record: The term "lot of record" means a lot shown on a subdivision plat or other lawful
plat or legal description which is lawfully recorded in the Clerk's Office of the Circuit Court of
Albemarle County, Virginia. (Amended 6- 14 -00)
Manufacture or manufacturing: The transformation of materials into an article or a product of
substantially different character or use. (Amended 10 -3 -01)
Manufactured home: A structure subject to federal regulation which is transportable in one or
more sections; is eight (8) body feet or more in width and forty (40) body feet or more in length in
the traveling mode, or is three hundred twenty (320) or more square feet when erected on site; is
built on a permanent chassis; is designed to be used as a single - family dwelling, with or without a
permanent foundation, when connected to the required utilities; and includes the plumbing,
heating, air - conditioning, and electrical systems contained in the structure. The structure and use
identified in this chapter as "mobile home" is a manufactured home. (Added 10 -3 -01)
Medical Center: Establishment wherein medical care is provided on an outpatient basis as
distinguished from a hospital or a professional office.
Mobile Home: (Amended 3 -5 -86; 11- 11 -92; Repealed 10 -3 -01)
Mobile Home Lot: An area of land for the placement of a single mobile home and for the
exclusive use of its occupants.
Mobile Home Park: One (1) or more contiguous parcels of land in which three (3) or more rental
lots are provided for mobile homes. (Amended 3- 5 -86)
Mobile Home Subdivision: A subdivision of land for the purpose of providing lots for sale for
mobile homes.
Monastery: See "Convent." (Added 1 -1 -87)
Museum: An establishment devoted to the procurement, care, study and display of objects of
lasting value or interest. (Added 10 -3 -01)
Natural Resource Extraction: The process by which coal petroleum, natural gas, soil, sand,
gravel, ore, or other minerals is removed from any open pit, borings or any other underground
workings and produced for sale, exchange or commercial use or otherwise removed from the site,
and all shafts, slopes, drifts or inclines leading thereto and including all buildings, structures and
equipment above and below the surface of the ground used in connection with such process.
Natural resource extraction as defined herein shall not be deemed to include: exploratory activities
designed to determine the presence of coal, petroleum, natural gas, soil, sand, gravel, ore, or other
minerals, including but not limited to, excavation, drilling, boring or core boring; the drilling or
boring of wells for the purpose of obtaining water; nor the removal of soil and other related
material as necessary to establish another permitted use upon the same site. (Amended 7 -6 -83)
Nonconforming lot: The term "nonconforming lot" means a lawful lot of record existing on the
effective date of the zoning regulations applicable to the district in which the lot is located, that
does not comply with section 4 of this chapter and the minimum applicable size, frontage, width,
building site or other lot requirements of that zoning district. (Added 6- 14 -00, Amended 12 -2 -09)
Nonconforming Structure: The term "nonconforming structure" means a lawful structure existing
on the effective date of the zoning regulations applicable to the district in which the structure is
18 -3 -12
Zoning Supplement #56,12-2-09
CHAPTER 18
ZONING
SECTION 10
RURAL AREAS DISTRICT, RA
Sections:
ATTACHMENT 5
10.1 INTENT, WHERE PERMITTED (Amended 11 -8 -89; 10 -3 -01)
10.2 PERMITTED USES
10.2.1 BY RIGHT
10.2.2 BY SPECIAL USE PERMIT
10.3 APPLICATION OF REGULATIONS FOR DEVELOPMENT BY RIGHT
10.3.1 CONVENTIONAL DEVELOPMENT (Amended 11 -8-89)
10.3.3 RURAL PRESERVATION DEVELOPMENT (Added 11 -8 -89)
10.3.3.1 DEFINITIONS (Added 11 -8 -89)
10.3.3.2 INTENT; DESIGN STANDARDS (Added 11 -8 -89)
10.3.3.3 SPECIAL PROVISIONS (Added 11 -8 -89)
10.4 AREA AND BULK REGULATIONS
10.5.2 WHERE PERMITTED BY SPECIAL USE PERMIT
10.5.2.2 MATERIALS TO BE SUBMITTED BY THE APPLICANT
10.1 INTENT, WHERE PERMITTED
This district (hereafter referred to as RA) is hereby created and may hereafter be established by
amendment of the zoning map for the following purposes: (Amended 11 -8 -89)
- Preservation of agricultural and forestal lands and activities;
-Water supply protection;
- Limited service delivery to the rural areas; and
- Conservation of natural, scenic, and historic resources. (Amended 11 -8 -89)
Residential development not related to bona fide agricultural /forestal use shall be encouraged to
locate in the urban area, communities and villages as designated in the comprehensive plan where
services and utilities are available and where such development will not conflict with the
agricultural /forestal or other rural objective. Where development does occur, rural residents
should expect to receive a lower level of service delivery than will be provided to residential
developments in designated growth areas. In relation to residential development,
agricultural /forestal activities shall be regulated only to the extent necessary to protect public
health and safety. (Added 11-8- 89; Amended 10 -3 -01)
In regard to agricultural preservation, this district is intended to preserve the county's active farms
and best agricultural and forestal lands by providing lot areas designed to insure the continued
availability of such lands for preferential land use tax assessment in order to enhance the economy,
and maintain employment and lifestyle opportunities. In addition, the continuation and
establishment of agriculture and agriculturally- related uses will be encouraged, and landowners
will be encouraged to employ Virginia State Water Control Board best management practices.
(Amended 1 1 -8- 89)
(§ 10, 1, 12- 10 -80, 11 -8 -89; Ord. 0 1 - 18(6), 10 -3 -01)
18 -10 -1
Zoning Supp. #57,12 -10 -09
It is intended that permitted development be restricted to land which is of marginal utility for
agricultural /forestal purposes, provided that such development be carried out in a manner which is
compatible with other purposes of this district. Roadside strip development is to be discouraged
through the various design requirements contained herein. (Amended 11 -8 -89)
10.2 PERMITTED USES
10.2.1 BY RIGHT
The following uses shall be permitted by right in the RA district, subject to the applicable
requirements of this chapter:
1. 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.
2. Side -by -side duplexes subject to the provisions of section 10.4; provided that density is
maintained and provided that buildings are located so that each unit could be provided with a
lot meeting all other requirements for detached single - family dwellings except for side yards
at the common wall. Other two- family dwellings shall be permitted provided density is
maintained.
3. Agriculture, forestry, and fishery uses except as otherwise expressly provided.
4. Game preserves, wildlife sanctuaries and fishery uses.
5. Wayside stands for display and sale of agricultural products produced on the premises
(reference 5.1.19).
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 11 -1 -89)
10. Temporary sawmill (reference 5.1.15 and subject to performance standards in 4.14).
11. Veterinary services - off -site treatment only.
12. Agricultural service occupation (subject to performance standards in 4.14).
13. Divisions of land in accordance with section 10.3.
18 -10 -2
Zoning Supp. #57, 12 -10 -09
14. Tourist lodging (reference 5.1.17).
15. Mobile homes, individual, qualifying under the following requirements (reference 5.6):
a. A property owner residing on the premises in a permanent home wishes to place a mobile
home on such property in order to maintain a full -time agricultural employee.
b. Due to the destruction of a permanent home an emergency exists. A permit can be issued
in this event not to exceed twelve (12) months. The zoning administrator shall be
authorized to issue permits in accordance with the intent of this ordinance and shall be
authorized to require or seek any information which he may determine necessary in
making a determination of cases "a" and "b" of the aforementioned uses.
16. Temporary mobile home in accordance with section 5.7. (Amended 11 -8 -89)
17. Farm winery (reference 5.1.25). (Added 12- 16 -81)
18. Borrow area, borrow pit, not exceeding an aggregate volume of fifty thousand (50,000) cubic
yards including all borrow pits and borrow areas on any one parcel of record on the adoption
date of this provision (reference 5.1.28). (Added 7 -6 -83)
19. Mobile homes on individual lots (reference 5.6). (Added 11- 11 -92)
20. Commercial stable (reference 5.1.03). (Added 11- 15 -95)
21. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10 -9 -02)
22. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
23. Farm worker housing, Class A (up to ten occupants and up to two sleeping structures)
(reference 5.1.44). (Added 12- 13 -06)
24. County store, Class A (reference 5.1.45). (Added 11- 12 -08)
25. Small wind turbines (reference 5.1.46) (Added 12- 10 -09)
(§ 20- 10.2.1, 12- 10 -80; 12- 16 -81; 7 -6 -83; 11 -1 -89; 11 -8 -89; 11- 11 -92; 5- 12 -93; Ord. 95- 20(5), 11- 15 -95;
Ord. 98 -A(1), § 18- 10.2.1, 8 -5 -98; Ord. 02- 18(6), 10 -9 -02; Ord 04- 18(2), 10- 13 -04; Ord. 06- 18(2), 12-13 -
06; Ord. 08- 18(7), 11-12-08; Ord. 09- I8(11), 12- 10 -09)
10.2.2 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: (Added 10 -9 -02)
1. Community center (reference 5.1.04).
2. Clubs, lodges, civic, patriotic, fraternal (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.
18 -10 -3
Zoning Supp. #57, 12-10-09
7. Day care, child care or nursery facility (reference 5.1.06).
8. (Repealed 3 -5 -86)
9. Mobile home subdivisions (reference 5.5).
10. (Repealed 11- 11 -92)
11. (Repealed 3- 15 -95)
12. Horse show grounds, permanent.
13. Custom slaughterhouse.
14. Sawmills, planing mills and woodyards (reference 5.1.15 and subject to performance
standards in 4.14).
15. Group homes and homes for developmentally disabled persons as described in section 15.1-
486.2 of the Code (reference 5.1.07).
16. (Repealed 11- 15 -95)
17. Commercial kennel (reference 5. 1.11 and subject to performance standards in 4.14).
18. Veterinary services, animal hospital (reference 5. 1.11 and subject to performance standards in
4.14).
19. Private airport, helistop, heliport, flight strip (reference 5.1.01).
20. Day camp, boarding camp (reference 5.1.05).
21. Sanitary landfill (reference 5.1.14).
22. Country store, Class B (reference 5.1.45). (Amended 11- 12 -08)
23. Commercial fruit or agricultural produce packing plants. (Amended 11-8-89)
24. (Repealed 11 -8 -89)
25. Flood control dams and impoundments.
26. (Repealed 11 -8 -89)
27. Restaurants and inns that are:
a. Located within an historic landmark as designated in the comprehensive plan, provided:
(i) the structure has been used as a restaurant, tavern or inn; and (ii) the structure shall be
restored as faithfully as possible to the architectural character of the period and shall be
maintained consistent therewith; or
b. Nonconforming uses, provided the restaurant or inn is served by existing water and
sewerage systems having adequate capacity for both the existing and proposed uses and
facilities without expansion of either system. (Amended 11 -8 -89; 10- 18 -00)
28. Divisions of land as provided in section 10.5.2.1. (Amended 5 -5 -04 effective 7 -1 -04)
18 -10 -4
Zoning Supp. #57, 12 -10 -09
29. Boat landings and canoe livery.
30. Permitted residential uses as provided in section 10.5.2.1. (Amended 5 -5 -04 effective 7 -1 -04)
31. Home occupation, Class B (reference 5.2).
32. Cemetery.
33. Crematorium.
34. (Repealed 3- 21 -01)
35. Church building and adjunct cemetery.
36. Gift, craft and antique shops.
37. Public garage. (Added 3- 18 -81)
38. Exploratory drilling. (Added 2- 10 -82)
39. Hydroelectric power generation (reference 5.1.26). (Added 4- 28 -82)
40. Borrow area, borrow pit not permitted under section 10.2.1.18. (Added 7 -6 -83)
41. Convent, Monastery (reference 5.1.29). (Added 1 -1 -87)
42. Temporary events sponsored by local nonprofit organizations which are related to, and
supportive of the RA, rural areas, district (reference 5.1.27). (Added 12 -2 -87)
43. Agricultural Museum (reference 5.1.30). (Added 12 -2 -87)
44. Theatre, outdoor drama. (Added 6- 10 -92)
45. Farm sales (reference 5.1.35). (Added 10- 11 -95)
46. Off -site parking for historic structures or sites (reference 5.1.38) or off -site employee parking
for an industrial use in an industrial zoning district (reference 5.1.39).
47. Animal shelter (reference 5.1.11). (Added 6- 16 -99).
48. "Pier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
49. Historical centers, historical center special events, historical center festivals (reference
5.1.42). (Added 6 -8 -05)
50. Special events (reference 5.1.43). (Added 7- 13 -05)
51. Farm worker housing, Class B (more than ten occupants or more than two sleeping structures)
(reference 5.1.44). (Added 12- 13 -06)
52. Sale of gasoline and other fuels in conjunction with a country store, Class A or Class B
(reference 5.1.45). (Added 11- 12 -08)
(§ 20- 10.2.2, 12- 10 -80; 3- 18 -81; 2- 10 -82; 4- 28 -82; 7 -6 -83; 3 -5 -86; 1 -1 -87; 12 -2 -87; 11 -8 -89; 6- 10 -92; 11-
11-92; Ord. 95- 20(1), 3- 15 -95; Ord. 95- 20(3), 10- 11 -95; Ord. 95- 20(5), 11- 15 -95; Ord. 98 -A(l), § 18-
10.2.2, 8 -5 -98; Ord. 99- 18(4), 6- 16 -99; Ord. 00- 18(6), 10- 18 -00; Ord. 01- 18(2), 3- 21 -01; Ord. 02- 18(6),
18 -10 -5
Zoning Supp. 449, 11 -12 -08
ALBEMARLE COUNTY CODE
CHAPTER18
ZONING
SECTION 13
RESIDENTIAL - R -1
Sections:
13.1
INTENT, WHERE PERMITTED
13.2
PERMITTED USES
13.2.1
BY RIGHT
13.2.2
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
AFFORDABLE 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 1143, 10 -3 -07
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 11 -1 -89)
10. Tourist lodgings (reference 5.1.17).
11. 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 1 and Tier 11 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 13 (reference 5.2).
18 -13 -2
Zoning Supplement #43, 10 -3 -07
ALBEMARLE COUNTY CODE
10. Churches. (Added 9 -2 -81)
11. Cemeteries. (Added 9 -2 -81)
12. Tier 111 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
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Zoning Supplement 1143, 10 -3 -07
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 1143, 10 -3 -07
ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 19
PLANNED RESIDENTIAL DEVELOPMENT - PRD
Sections:
19.1 INTENT, WHERE PERMITTED
19.2 APPLICATION
19.3 PERMITTED USES
19.3.1 BY RIGHT
19.3.2 BY SPECIAL USE PERMIT
19.4 RESIDENTIAL DENSITIES
19.5 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT
19.6 MINIMUM AREA REQUIREMENTS FOR OPEN SPACE AND
RECREATIONAL USES
19.6.2 RECREATIONAL AREA REQUIREMENTS
19.7 HEIGHT REGULATIONS
19.8 BUILDING SEPARATION
19.9 SETBACK AND YARD REGULATIONS
19.10 MINIMUM OFF - STREET PARKING REGULATIONS
19.11 SIGN REGULATIONS
19.1 INTENT, WHERE PERMITTED
PRD districts may hereafter be established by amendment to the zoning map in accordance with
the provisions set forth generally for PD districts in sections 8.0 and 33.0, and with densities and
in locations in accordance with the comprehensive plan.
The PRD is intended to encourage sensitivity toward the natural characteristics of the site and
toward impact on the surrounding area in land development. More specifically, the PRD is
intended to promote economical and efficient land use, an improved level of amenities,
appropriate and harmonious physical development, and creative design consistent with the best
interest of the county and the area in which it is located.
To these ends, the PRD provides for flexibility and variety of development for residential purposes
and uses ancillary thereto. Open space may serve such varied uses as recreation, protection of
areas sensitive to development, buffering between dissimilar uses and preservation of agricultural
activity.
While a PRD approach is recommended for developments of any density, it is recommended but
not required that the PRD be employed in areas where the comprehensive plan recommends
densities in excess of fifteen (15) dwelling units per acre, in recognition that development at such
densities generally requires careful planning with respect to impact. (Amended 8- 14 -85)
19.2 APPLICATION
Notwithstanding the requirements and provisions of section 8.0, planned development districts,
generally, where certain planned community (PC) or residential planned neighborhood (RPN)
districts have been established prior to the adoption of this ordinance, such districts shall be
considered to have been established as PRD districts under this ordinance and shall be so
designated on the zoning map.
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Zoning Supplement #30, 10 -13 -04
ALBEMARLE COUNTY CODE
19.3 PERMITTED USES
19.3.1 BY RIGHT
The following uses shall be permitted subject to the requirements and limitations of this
ordinance:
1. Detached single - family dwellings.
2. Semi - detached and attached single - family dwellings such as duplexes, triplexes,
quadraplexes, townhouses, atrium houses and patio houses provided that density is
maintained, and provided further that buildings are located so that each unit could be provided
with a lot meeting all other requirements for detached single - family dwellings except for side
yards at the common wall.
3. Multiple- family dwellings.
4. (Repealed 9 -2 -81)
5. Parks, playgrounds, community centers and noncommercial recreational and cultural facilities
such as tennis courts, swimming pools, game rooms, libraries and the like.
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. 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 11 -1 -89)
8. Temporary construction uses (reference 5.1.18).
9. Accessory uses and structures including home occupation, Class A (reference 5.2) and storage
buildings.
10. Homes for developmentally disabled persons (reference 5.1.7).
11. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10 -9 -02)
12. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
(§ 20- 19.3.1, 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)
19.3.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit, provided that no separate
application shall be required for any such use as shall be included in the original PRD rezoning
petition:
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ALBEMARLE COUNTY CODE
1. Day care, child care or nursery facility (reference 5.1.06).
2. Fire and rescue squad stations (reference 5.9).
3. Rest home, nursing home, convalescent home, orphanage or similar institution (reference
5.1.13).
4. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers;
microwave and radio -wave transmission and relay towers, substations and appurtenances
(reference 5.1.12).
5. Home occupation, Class B (reference 5.2).
6. Churches. (Added 9 -2 -81)
7. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11 -7 -84;
Amended 2 -5 -03)
8. Swim, golf, tennis or similar athletic facilities (reference 5.1.16). (Added 9- 13 -89)
9. Professional offices. (Added 6 -8 -94)
10. Tier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
11. Historical centers, historical center special events, historical center festivals (reference
5.1.42). (Added 6 -8 -05)
(§ 20- 19.3.2, 12- 10 -80; 9 -2 -81; 11 -7 -84; 9- 13 -89; 6 -8 -94; Ord. 03- 18(1), 2 -5 -03; Ord. 04- 18(2), 10- 13 -04;
Ord. 05- 18(7), 6 -8 -05)
19.4 RESIDENTIAL DENSITIES
The gross and net residential densities permitted in any PRD district shall be shown on the
approved application plan therefor, which shall be binding upon its approval. The overall gross
density so approved shall be determined by the board of supervisors with reference to the
comprehensive plan, but shall, in no event, exceed thirty-five (35) dwelling units per acre. In
addition, the bonus and cluster provisions of this ordinance shall be inapplicable to any PRD
except as herein otherwise expressly provided.
19.5 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT
19.5.1 Minimum area required for the establishment of a PRD district shall be three (3) acres.
19.5.2 Additional area may be added to an established PRD district if it adjoins and forms a logical
addition to the approved development. The procedure for an addition shall be the same as if an
original application were filed, and all requirements shall apply except the minimum acreage
requirement of section 19.5.1.
19.6 MINIMUM AREA REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL USES
19.6.1 Not less than twenty-five (25) percent of the area devoted to residential use within any PRD shall
be in common open space except as hereinafter expressly provided. (Amended 9- 13 -89)
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Zoning Supplement #36, 6 -8 -05