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Home My WebLink AboutZTA200900012 Legacy Document 2010-06-09STAFF: PLANNING COMMISSION: BOARD OF SUPERVISORS: ZTA: Joan McDowell, Principal Planner Rural Areas June 15, 2010, Work Session To Be Determined 200900013 Home Occupations ORIGIN: Resolution of Intent adopted August 5, 2009 (Attachment A) by the Board Supervisors. PROPOSAL: Amend the Albemarle County Zoning Ordinance to combine Home Occupation Class A (currently a by -right use) and Class B (currently by special use permit) permits into a single Home Occupation by -right permit. A single Home Occupation permit would allow greater opportunities for occupants of residences to work from home while maintaining the residential or rural character of the area. Amendments to the supplemental regulations would mitigate impacts of the home occupation. Home occupations would continue to be permitted in all Rural Areas (RA) and Development Areas (DA) zoning districts where they are currently allowed. PUBLIC PURPOSE TO BE SERVED: The Rural Areas Plan recognizes "[T]he increasing frequency of applications for home occupations (class B are permitted by special use permit) has made it clear that the current definitions need clarification to ensure that only appropriate uses are permitted. Restructuring the standards that define which uses are permitted by -right and which require special use permits, based on impacts of individual uses rather than simply location (in a house vs. in a detached structure) and number of employees, could streamline approvals for low impact uses and more effectively manage or prevent high impact uses. These standards could also more clearly define which uses (such as those that approximate contractors' storage yards) would not be permitted as home occupations." Rural Areas Comprehensive Plan Strategies: The County should: 1. Review the Zoning Ordinance to re- evaluate by -right uses and uses by special permit, such as home occupations and farm sales, to encourage uses that promote the preservation of rural lands and activities, including but not limited to farm sales and agricultural service businesses, low- impact forms of recreation, temporary special events, arts and crafts sales, garden centers, and discourage uses that are contrary to the County's growth management policies, including but not limited to swim or tennis clubs, new schools, and off -site parking for industrial districts. ZTA2009 -13 Planning Commission Work Session June 15, 2010 Staff Report Page 1 The Development Areas section of the Land Use Plan also encourages close proximities of residential and to employment. BACKGROUND: In a joint work session with the Planning Commission, the Board of Supervisors approved a Resolution of Intent to allow the development of zoning ordinance amendments for churches and home occupation permits. Initially, both amendments were considered to be only for the Rural Areas zoning district; however, after discussions with the Zoning Text Amendment Committee, it was determined that the amendments to the home occupations regulations would provide clarification for both RA and DA districts. Therefore, the proposed amendments would apply toward all zoning districts that currently allow home occupations. The review of the text amendment for churches has begun and will be scheduled for a Planning Commission work session later this year. Preparation for this text amendment included research from the Planning Advisory Service (PAS), counties and cities in Virginia and in other states. The research indicated that most jurisdictions have one, two, or in a few cases multiple layers of home occupations permit classifications that were based on the potential impacts of the use. Most jurisdictions have two classifications, one by -right and one requiring a legislative decision, and with similar performance standards as in Albemarle's current standards. However, many of these jurisdictions did not share the diversity of topography, lot sizes, and the separation of rural and urban development characterized by Albemarle. In addition, it was not clear if the comparison cities /counties had other performance standards that work in concert with the home occupation regulations, such as a noise ordinance, similar to Albemarle County's regulations. STAFF COMMENT: The following research of Albemarle's zoning records indicates that between 1977 and 2008, 130 special use permit applications were received for Home Occupation Class B permits. Of these applications, woodworking was the most abundant. Only three permits were denied during this time. A summary of Home Occupation Class B permit applications for this period is attached as reference (Attachment B). Of the most recent 50 by -right Class A applications (January — April 2010), the majority were requests for offices and only three applications included customer visits to the property. Ten of the applicants indicated that they would require parking for one truck and six applicants would require parking for a truck and trailer. Home Occupation Class A permits allow up to seven customer visits per week. The Draft Straw Man (Attachment C) includes both existing and proposed ordinance sections, as well as the combined sections that show the changes. In addition, a summary discussion of the proposed changes follows each amended section. Sections III contains the proposed new sections and Section IV contains the unchanged sections. ZTA2009 -13 Planning Commission Work Session June 15, 2010 Staff Report Page 2 Administration / Review Process: The proposed Home Occupation amendments would eliminate the need for a special use permit currently required for Home Occupation Class B permit. Waivers of home occupations that would exceed the performance standards could be requested of the Planning Commission. Staff Recommendation: Staff is seeking Planning Commission feedback and input on the changes identified in this report. Following this work session, staff recommends finalizing the zoning text amendment language and scheduling a public hearing with the Albemarle Planning Commission. Attachments: Attachment A: Resolution of Intent Attachment B: Home Occupation Class B application summary Attachment C: Straw Man (Draft) Attachment D: Current Zoning Ordinance Sections (referenced in report/straw man — Attachment C) ZTA2009 -13 Planning Commission Work Session June 15, 2010 Staff Report Page 3 RESOLUTION OF INTENT WHEREAS, home occupations, Class B, are pennitted by special use permit in the Rural Areas zoning district; and WHEREAS, several standard conditions have been imposed over the years in conjunction with the approval of special use permits for home occupations, Class B; and WHEREAS, the County's and the applicants' resources would be more efficiently used if proposed home occupations, Class B, meeting specified criteria were allowed by right in the Rural Areas zoning district, subject to supplementary regulations under Section 5 of the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Board of Supervisors hereby adopts a resolution of intent to amend Zoning Ordinance § § 5 and 10 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. I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution 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 ZTA 2009 -13 Clerk, Board of County Supervisors Home Occupations Planning Commission Work Session June 15, 2010 Attachment A Home Occupation Class B Applications Total Applications = 130 Applications July 1977— January 2008 APPROVED APPLICATIONS Category of Use Number of Applications Wood Working 22 10 14 Pottery Craft Contractor 16 Engine Repair 3 Office 21 Firearms sale /repair 2 Catering 3 Blacksmith /iron /metal 5 Recording Studio 5 Barber /Beauty 2 Agriculture — retail sales 1 Physical Therapy 1 Expanded contractor /engine repair sp's 2 1 unknown use (not disclosed in record) 1 TOTAL 108 OTHER Withdrawn Applications 9 Deferred Applications 5 Void (error in application) 5 Total 19 Denied TV /Video Repair Amway Sales Porta -potty Storage Total = 3 ZTA 2009 -13 Home Occupations Planning Commission Work Session June 15, 2010 Attachment B Draft Straw Man Planning Commission Work Session June 15.2010 ZTA 2009 -13 Home Occupations I. Section 3 - Definitions: Existing: Home Occupation, Class A: An occupation conducted for profit within a dwelling unit solely by one or more members of the family residing within the dwelling unit; provided that nothing herein prohibits the occupation from engaging other persons who work off -site and do not come to the dwelling unit to engage in the occupation. (Amended 8 -5 -09) Home Occupation, Class B: An occupation conducted within a dwelling unit solely by one or more members of the family residing within the dwelling unit and up to two (2) additional persons not residing within the dwelling unit, with or without the use of one or more accessory structures; provided that nothing herein prohibits the occupation from engaging other persons who work offsite and do not come to the dwelling unit or any accessory structure to engage in the occupation. (Amended 8 -5 -09) Proposed: Home Occupation: An occupation conducted within a dwelling unit solely by one or more members of the family residing within the dwelling unit, with or without the use of one accessory structures and up to two (2) additional persons not residing within the dwelling unit; provided that nothing herein prohibits the occupation from engaging other persons who work offsite and do not come to the dwelling unit or to any accessory structure to engage in the occupation. Text Changes: Home Occupation Uas-s -A: An occupation conducted €er-- r within a dwelling unit solely by one or more members of the family residing within the dwelling unit;, with or without the use of one or more accessory structures and up to two (2) additional persons not residing in the dwelling provided that nothing herein prohibits the occupation from engaging other persons who work off -site and do not come to the dwelling unit or to any accessory structure to engage in the occupation. (Amended 8 5 09) Home Oeeupaiien, Chiss B.-- An o ndueted within a dwelling unit solely by one of mefe members of the family residing within the dwelling unit and up to twe (2) additional per-sons net fesiding within the dwelling tiftit, with of without the use of one of mefe aeeesser-), sti-dettifes; provided that nothing hefein pfohibits the eeeupation ffem engaging other- per-sons who work effsite and do not eeme to the dwelling unit er- any aeeesser-y s4tietur-e to the . 2009 ZTA /Draft Straw Man Planning Commission Work Session 6/ 15 / 10 Attachment C Page 1 Discussion: Currently, Class A home occupation permits are by -right and Class B home occupation permits are allowed by special use permit. Home occupation Class A and Class B permits are proposed to be combined into a single Home Occupation use that would be a by -right uses that would be subject to compliance with supplemental standards (Sec. 5 of the zoning ordinance Attachment D). Zoning Ordinance Section 5 standards can be modified or waived by the Planning Commission; however, the provisions contained within section 3 definitions cannot be waived. The number of employees living in the residence would not be limited by this ordinance, as long as the home occupation was conducted by a family member living in the dwelling unit; however, the number of employees living in a different location would be limited to two. The zoning ordinance does not regulate the number of people allowed to live in a dwelling unit. The limitation on employees living outside the dwelling unit would assist with limiting traffic arriving and leaving the dwelling unit. Home occupations would continue to be permitted in all Rural Areas and Development Areas zoning districts where they are currently allowed (zones allowing dwelling units). II. Section 5 - Supplemental Regulations: With the exception of uses prohibited by this ordinance or any other provision of law, home occupations meeting the following standards of operation shall be considered a permitted use on property lawfully improved with a single - family dwelling unit. Neighborhood Character: Existing: There shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation provided that a home occupation, Class B, may erect one home occupation Class B sign as authorized by section 4.15 of this chapter. Accessory structures shall be similar in facade to a single - family dwelling, private garage, shed, barn or other structure normally expected in a rural or residential area and shall be specifically compatible in design and scale with other development in the area in which located. Any accessory structure which does not conform to the setback and yard regulations for main structures in the district in which it is located shall not be used for any home occupation; Pro op sed: There shall be no adverse change to the outside appearance of the dwelling unit, or accessory building, or other visible evidence of the conduct of such home occupation from a public or private street and from any adjacent properties, provided that a home occupation may 2009 ZTA /Draft Straw Man Planning Commission Work Session 6/ 15 / 10 Attachment C Page 2 erect one home occupation sign as authorized by section 4.15 of this chapter. No more than one sign shall be permitted on the property, regardless of the number of home occupations being conducted. Accessory structures shall be similar in facade to a single - family dwelling, private garage, shed, barn or other structure normally expected in a rural or residential area and shall be specifically compatible in design and scale with other development in the area in which it is located. Any accessory structure which does not conform to the setback and yard regulations for main structures in the district in which it is located shall not be used for any home occupation. Setback regulations for accessory structures shall conform to the setback and yard regulations for main structures in the district in which it is located; however, the zoning administrator may reduce the minimum required setback and yard regulations, but to no less than setback regulations contained in section 4.11.2, upon finding that (i) there is not detriment to the abutting lot; (ii) there is no harm to the public health, safety or welfare; and (iii) written consent has been provided by the owner of the abutting lot consenting to the reduction. Text Changes: There shall be no adverse change in-to the outside appearance of the dwelling unit, buildings- or-pfen*ses accessory building, or other visible evidence of the conduct of such home occupation provided that a home occupation ,, 'mss -;,may erect one home occupation Class B sign as authorized by section 4.15 of this chapter. No more than one sign shall be permitted on the property, of the number of home occupations being conducted. Accessory structures shall be similar in facade to a single - family dwelling, private garage, shed, barn or other structure normally expected in a rural or residential area and shall be specifically compatible in design and scale with other development in the area in which it is located. Any accessory structure which does not conform to the setback and yard regulations for main structures in the district in which it is located shall not be used fef any home ^ " - +; ^"' 11 however, the zoning administrator may reduce the minimum required setback and yard regulations, but to no less than setback regulations contained in section 4.11.2, upon finding t, hat (i) there is not detriment to the abutting lot, ot, (ii) there is no harm to the public health, safety or welfare; and (iii) written consent has been provided by the owner of the abutting lot consenting to the reduction. Discussion: Clarification language has been added to the proposed section, as well as modifications that will combine the two classes of home occupation permits into a single permit. The significant change in this section is that the setback for accessory structures would be regulated according to Section 4.11.2 Accessory Structures in Required Yards in place of the more restrictive yard and main structure setbacks that was previously required. Setbacks for primary structures vary but, in general, the side setbacks range from 15 feet in the Development Areas to 25 feet in the Rural Areas and the rear setbacks range from 20 feet in the Development Areas to 35 feet in the Rural Areas. Accessory structure setbacks would not permit accessory structures that would be used for home occupations in required front yards; side and rear 2009 ZTA /Draft Straw Man Planning Commission Work Session 6/ 15 / 10 Attachment C Page 3 setbacks that are "no closer than (6) feet to the side or rear property lines or, in the case of an alley or shared driveway, no closer than three (3) feet to the edge of the easement or right -of -way of the alley or shared driveway.. ". Section 4.11.2 Accessory Structures in Required Yards is included as Attachment D. The less restrictive setbacks would address a concern that accessory buildings constructed in accordance with accessory setbacks would allow a home occupation to take place within the structure and that other regulations, such as regulations governing noise, would mitigate impacts. Size: Existing: Such occupation may be conducted either within the dwelling or an accessory structure, or both, provided that not more than twenty- five (25) percent of the floor area of the dwelling shall be used in the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet; provided that the use of accessory structures shall be permitted only in connection with home occupation, Class B; Proposed.• Such occupation may be conducted either within the dwelling or an accessory structure, or both concurrently and/or independently, provided that not more than twenty - five (25) percent of the gross floor area of the dwelling and no more than fifty (50) percent of one accessory structure shall be used in the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet. Text Changes: Such occupation may be conducted either within the dwelling or an accessory structure, or both, provided that not more than twenty- five (25) percent of the gross floor area of the dwelling and no more than fifty (50) percent of one accessory structure shall be used in the conduct of the home occupation, including storage, torage, and in no event shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet.; in eefmeefien with heme eeettpafien, Class B; Discussion: The proposed text retains the twenty -five (25) percent of floor area of the dwelling unit and added "gross" floor area for clarification. The maximum square footage of 1,500 was retained with a maximum of 50% of the gross floor area of one accessory structure. Concurrent use of the dwelling and the accessory structure would be possible. Size /area limitations would support the intent of home occupations to retain the residential or rural character of the area in which they are conducted. 2009 ZTA /Draft Straw Man Planning Commission Work Session 6/ 15 / 10 Attachment C Page 4 Sales. Existin —a: There shall be no sales on the premises, other than items hand crafted on the premises, in connection with such home occupation; this does not exclude beauty shops or one -chair barber shops. Proposed.• There shall be no direct sales on the premises, other than items hand crafted on the premises and items that are directly related to the home occupation, such as but not limited to tools for pottery making and frames for artwork _in connection with such home occupation; this does not exclude beauty shops or one -chair barber shops. Text Changes: There shall be no direct sales on the premises, other than items hand crafted on the premises and items that are directly related to the home occupation, such as but not limited to tools for pottery making and frames for artwork;; in connection with such home occupation; this does not exclude beauty shops or one-chair-barber shops. Discussion: In addition to hand crafted items, the proposed text would allow sales of items that have a relationship with the home occupation, such as but not limited to frames for an artist, tools for a potter, and music instruments for music teachers. It was believed that these additional sales would not create any undue negative impacts, as the traffic restrictions for the home occupations would mitigate impacts. It is possible that the sales of products associated with the home occupation would take place at the same time as instruction/classes or through the mail. Parking/ Traffic: Existing: No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street. Proposed: A maximum of 30 vehicle trips per week with no more than 10 vehicle trips on any one day shall be permitted. Any need for parking generated by the conduct of such home occupation shall be met off the street. A total trip consists of one vehicle entering and exiting a site. Text Change A maximum of 30 vehicle trips per week with no more than 10 vehicle trips on any one day shall be permitted aPA-aAny need for parking generated by the conduct of such home occupation shall be met off the street. -A total trip consists of one vehicle entering and exiting a site. 2009 ZTA /Draft Straw Man Planning Commission Work Session 6/ 15 / 10 Attachment C Page 5 Discussion: In seeking to maintain neighborhood character and to not cause greater volumes of traffic than would normally be expected in a residential neighborhood, the number of vehicle trips associated with the home occupation has been proposed to limit what is the expected traffic for a single - family dwelling unit. In addition, the zoning administrator believes that the proposed section brings clarity to the requirement. According to the Virginia Department of Transportation (VDOT), the Institute of Transportation Engineers (ITE) trip generation estimates that the average residential house generates 9.75 trips per day. VDOT states, "If you use the variable of number of people in a house, a detached house generates 2.55 trips per day per person." The proposed traffic limitations for home occupations has been based on the assumption that the owner of the home occupation and employees residing in the home would be working from the home rather that driving to and from places of employment; thus, reductions in daily trips from the occupant/home occupation owner would offset the traffic generated by the home occupation. Zoning Clearance: Existing: 5.2.1 CLEARANCE OF ZONING ADMINISTRATOR REQUIRED Except as herein provided, no home occupation shall be established without approval of the zoning administrator. Upon receipt of a request to establish a home occupation, Class B, the zoning administrator may refer the same to the Virginia Department of Highways and Transportation for approval of entrance facilities and the zoning administrator may determine the adequacy of existing parking for such use. No such clearance may be issued for any home occupation, Class B, except after compliance with section 5.2.3 hereof. (Amended 3- 18 -81) Proposed: Except as herein provided, no home occupation shall be established without approval of the zoning administrator. Upon receipt of a request to establish a home occupation, the zoning administrator may refer the same to the Virginia Department of Highways and Transportation for approval of entrance facilities and the zoning administrator shall determine the adequacy of existing parking for such use. No such clearance shall be issued for any home occupation, except after compliance with section 5.2.3 hereof. Text Changes: Except as herein provided, no home occupation shall be established without approval of the zoning administrator. Upon receipt of a request to establish a home occupation, Clasi--> , the zoning administrator shall may refer the same to the Virginia Department of 2009 ZTA /Draft Straw Man Planning Commission Work Session 6/ 15 / 10 Attachment C Page 6 Highways and Transportation for approval of entrance facilities and the zoning administrator shall- may determine the adequacy of existing parking for such use. No such clearance shad maybe issued for any home occupation, Cam, except after compliance with section 5.2.3 hereof. Discussion: As Home Occupations would be a by -right use with the ability to have employees, commercial parking, use of accessory structures, and customers, the zoning administrator would have the option of requiring a zoning clearance, staff was concerned that in some instances, a zoning clearance may be necessary to ensure that public safety and to ensure that off - street parking was available. III. Proposed NEW. Proposed: Days/hours of operation. Home occupations may operate seven (7) days per week; hours of operation shall be limited to 7 AM to 8 PM for home occupations that have employees, customers, clients and /or students visiting the property Discussion: The current regulations do not address the days and hours of operation. However, conditions of approval for home occupations processed with a special use permit have customarily included maximum days and hours for the operation of the home occupation, especially when the home occupation involved visitors or outside activities that may generate noise. Proposed: Number of Home Occupations: The total number of home occupations on one parcel is not limited, except that the cumulative impact of all home occupations conducted within the dwelling unit or the accessory structure shall not be greater than the impact of one home occupation. Discussion: This section was included in anticipation of more than one home occupation within the dwelling unit and/or the accessory structure. In combination, the home occupations would not be allowed to exceed the limits than would be allowed for a single home occupation, including traffic and the size limitations. Proposed.• Outside Storaw /hazardous materials: There shall be no outside storage of goods, products, equipment, or other materials in the conduct of the home occupation. 2009 ZTA /Draft Straw Man Planning Commission Work Session 6/ 15 / 10 Attachment C Page 7 Discussion: This section was included to restrict storage of home occupation to the inside of the home and/or accessory building. Proposed: Commercial vehicle parking: All need for parking of commercial vehicles generated by a home occupation shall be met off the street. Commercial vehicles greater than twelve thousand (12,000) pounds gross vehicle weight used in the conduct of the home occupation shall be parked in an enclosed building, except where permitted under Section 4.12.3.b.2. No more than two (2) commercial vehicles shall be permitted on -site at any one time. No more than one (1) maximum 24' long trailer shall be permitted on -site at any one time. This provision is not intended to restrict private vehicles not used in the conduct of the home occupation. Discussion: Limits for the number of trucks /trailers that are used in the operation of the home occupation. Currently, one truck and one trailer are permitted with Class A home occupations. IV. Existins - no changes proposed. • All home occupations shall comply with performance standards set forth in section 4.14. • Tourist lodging, nursing homes, nursery schools, day care centers, and private schools shall not be deemed home occupations. • Prior to issuance of clearance for any home occupation, the zoning administrator shall require the applicant to sign an affidavit stating his clear understanding of and intent to abide by the foregoing regulations • Waivers (text below) 5.1 SUPPLEMENTARY REGULATIONS The following supplementary regulations apply to referenced uses in all districts whether or not such uses are permitted by right or by special use permit. These supplementary regulations are in addition to all other requirements of this chapter, the Code, and all other applicable laws. Any requirement of section 5.0 may be modified or waived in an individual case, as provided herein: a. The commission may modify or waive any such requirement upon a finding that such requirement would not forward the purposes of this chapter or otherwise serve the public health, safety, or welfare; or that a modified regulation would satisfy the purposes of this 2009 ZTA /Draft Straw Man Planning Commission Work Session 6/ 1S / 10 Attachment C Page 8 chapter to at least an equivalent degree as the specified requirement; except that, in no case, shall such action constitute a modification or waiver of any applicable general regulation set forth in section 4.0 or any district regulation. In granting such modification or waiver, the commission may impose such conditions as it deems necessary to protect the public health, safety, or welfare. b. The board of supervisors shall consider a modification or waiver of any requirement of section 5.0 only as follows: 1. The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of a denial of the plat, as provided in section 14 -226 of the Code, or the site plan, as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver pertains. A modification or waiver considered by the commission in conjunction with an application for a special use permit shall be subject to review by the board of supervisors. 2. In considering a modification or waiver, the board may grant or deny the modification or waiver based upon the finding set forth in subsection (a), amend any condition imposed by the commission, and impose any conditions it deems necessary for the reasons set forth in subsection (a). 2009 ZTA /Draft Straw Man Planning Commission Work Session 6/ 15 / 10 Attachment C Page 9 County of Albemarle Zoning Ordinance 4.11.2 ACCESSORY STRUCTURES IN REQUIRED YARDS Accessory structures are authorized in required yards as follows: a. Front yards. Accessory structures, including detached garages, are prohibited within the minimum front yard required by the applicable district regulations except as otherwise provided in subsection (c). b. Side and rear yards. Accessory structures are permitted in side and rear yards, provided that they are 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 except as otherwise provided in subsection (c). The zoning administrator may authorize an accessory structure to be located closer to the edge of an alley easement or right -of -way if the county engineer determines that the proposed design incorporates features that assure public safety and welfare. In making the determination, 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 yards. The following accessory structures are permitted in required yards provided that they comply with the visibility clearance requirements of section 4.4: 1. Fences, including free - standing walls enclosing yards and other uncovered areas. 2. Freestanding mail and newspaper boxes. 3. Retaining walls. 4. Shelters for school children traveling to and from school. 5. Public telephone booths, provided that: (i) the telephones are equipped for emergency service to the public without prior payment; (ii) the zoning administrator determines that the location of the booth will not adversely affect the safety of the adjacent street; and (iii) the booth shall be subject to relocation at the expense of the owner, whenever relocation is determined by the zoning administrator to be reasonably necessary to protect the public health, safety and welfare or whenever relocation is necessary to accommodate the widening of the adjacent street. 6. Automated teller machines. d. Accessory structures located closer than three (3).feet to primary structure. Accessory structures for which any part is located closer than three (3) feet to any part of a primary structure shall comply with the minimum applicable yard requirements for a primary structure. ZTA 2009 -13 Home Occupations Planning Commission Work Session June 15, 2010 Attachment D County of Albemarle Zoning Ordinance 4.12 PARKING, STACKING AND LOADING (New sections 4.12 — 4.12.19 adopted 2 -5 -03; old sections 4.12 — 4.13.3 repealed at the same time pursuant to Ord. 03- 18(1)) 4.12.1 PURPOSE AND INTENT These parking, stacking and loading regulations establish minimum standards applicable to new uses, structures or parking areas, or redeveloped sites, for the purposes of: (1) maximizing the safety and functionality of parking areas; (2) providing parking and loading facilities in a reasonable proportion to one or more use's needs; (3) reducing minimum parking requirements to coincide with common usage rather than peak usage; (4) minimizing the visual and environmental impacts of parking areas on adjacent lands; and (5) supporting mass transit opportunities. These regulations also encourage the application of transportation demand management strategies and allow flexibility in design to reduce traffic congestion and the amount of land that must be devoted to parking for commercial, industrial and public facility uses. (§ 4.12.1, 12- 10 -80; 6- 14 -89; Ord. 03- 18(1), 2 -5 -03) 4.12.2 APPLICABILITY The regulations of section 4.12 shall apply as follows: a. General applicability. Except as provided in section 4.12.3, these parking, stacking and loading regulations shall apply to: (1) each new use or structure approved after the date of adoption of these regulations; and (2) each change or intensification of any use that necessitates additional parking, but only to the extent of the additional parking. Each use or structure to which these regulations apply shall be subject to the following: 1. All parking areas having four (4) or more spaces, regardless of whether the number of spaces exceeds the applicable minimum number required by sections 4.12.6 or 4.12.7, and all stacking and loading areas, shall satisfy the minimum specifications for parking area design required in section 4.12.15. 2. Neither a certificate of occupancy nor a zoning compliance clearance shall be issued until the zoning administrator determines that the required parking, stacking and loading improvements have been completed and are operational for the use or structure for which the improvements are required. 3. All parking spaces provided in excess of the minimum number of spaces required by sections 4.12.6 and 4.12.7 shall comply with the requirements of this section 4.12 and section 32. b. Exceptions. These parking, stacking and loading regulations shall not apply to parking, stacking or loading spaces for uses or structures approved by the county in a valid preliminary or final site plan or a valid preliminary or final subdivision plat prior to the date of adoption of section 4.12, regardless of whether those spaces have been constructed or otherwise established. ZTA 2009 -13 Home Occupations Planning Commission Work Session June 15, 2010 Attachment D c. Modification or waiver. The limitation on the maximum number of parking spaces required by subsection 4.12.4(a) and the design requirements in sections 4.12.15, 4.12.16, 4.12.17, 4.12.18 and 4.12.19 may be modified or waived, and in any commercial or industrial zoning district the minimum number of parking spaces required by section 4.12.6 may be modified, in an individual case if the zoning administrator finds that the public health, safety or welfare would be equally or better served by the modification or waiver and that the modification or waiver would not otherwise be contrary to the purpose and intent of this chapter. 1. For each request to modify the minimum number of parking spaces required by section 4.12.6, the developer shall submit a study prepared by a transportation planner, traffic consultant, licensed engineer or architect justifying the modification. The study shall include the following: (i) a calculation of the number of off - street parking spaces required by section 4.12.6; (ii) the total square footage of all uses within the existing and proposed development and the square footage devoted to each type of use therein; (iii) trip generation rates expected for the uses within the existing and proposed development; (iv) data pertaining to a similar use or uses and the associated parking needs; (v) the developer's plan to provide alternative solutions to off - street parking on the lot; (vi) the developer's plan to provide incentives for employees to use transportation modes other than single- occupancy motor vehicles; and (vii) an amended site plan, or if no site plan exists, a schematic drawing, demonstrating that the number of off - street parking spaces required by section 4.12.6 can be established on the lot, and showing which spaces would not be established if the modification is granted. 2. The zoning administrator may modify or waive a design requirement in sections 4.12.15, 4.12.16, 4.12.17, 4.12.18 and 4.12.19 only after consultation with the county engineer, who shall advise the zoning administrator whether the proposed waiver or modification would equally or better serve the public health, safety or welfare. 3. In granting a modification or waiver, the zoning administrator may impose such conditions as deemed necessary to protect the public health, safety or welfare. In granting a request to modify the minimum number of parking spaces required by section 4.12.6, the zoning administrator may also require that the developer reserve an area on the lot equal to the reduced number of parking spaces for a specified period, and under conditions, imposed by the zoning administrator. d. Review of modification or waiver. The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be considered by the commission as part of its review of. (1) a plat, as provided in sections 14 -220 and 14 -225 of the Code; (2) a site plan, as provided in sections 32.4.2.6 and 32.4.3.6; or (3) a special use permit. The board of supervisors shall consider a modification or waiver only as follows: 1. The denial of a modification or waiver, or the approval of a modification or waiver with conditions objectionable to the developer may be appealed to the board of supervisors as an appeal of a denial of the plat, as provided in section 14 -226 of the Code, or the site plan, as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver ZTA 2009 -13 Home Occupations Planning Commission Work Session June 15, 2010 Attachment D pertains. A modification or waiver considered by the commission in conjunction with an application for a special use permit shall be subject to review by the board of supervisors. 2. In considering a modification or waiver, the board may grant or deny the modification or waiver based upon the finding set forth in subsection (c), amend any condition imposed by the commission, and impose any conditions it deems necessary for the reasons set forth in subsection (c). 4.12.3 PROHIBITED ACTIVITIES IN PARKING, STACKING AND LOADING AREAS The following activities are prohibited: a. In any parking, stacking or loading area: 1. Uses. The sale, repair, dismantling or servicing of any vehicle or equipment; the storage of materials, supplies or merchandise; the storage of refuse, recycling or similar disposal containers; or other use that would prevent the parking, stacking or loading area, or any portion thereof, from being used for its intended purpose. This prohibition shall not apply to single - family dwelling units or to temporary uses or activities approved by the zoning administrator. 2. Discontinuation, elimination or reduction of area. The discontinuation, elimination or reduction of a required parking, stacking or loading area, any part thereof, or any required parking spaces, including those in garages or provided for residential uses, so long as the use requiring such area(s) or parking spaces continues, unless an alternative equivalent area complying with these regulations are established as required by this chapter. For any use subject to a site plan, the removal of any parking spaces shall require an amendment to the site plan. b. On any lot, including any parking, stacking or loading area, except where expressly authorized: 1. Parking, storage or use of major recreational equipment. No major recreational equipment shall be used for living, sleeping or other occupancy when parked or stored on any lot or in any other location not approved for such use. For purposes of this section, the term "major recreational equipment" includes, but is not limited to, travel trailers, pickup campers, motorized dwellings, tent trailers, boats and boat trailers, house - boats, and trailers, cases or boxes used for transporting such recreational equipment, whether occupied by the equipment or not. 2. Trucks with minimum gross vehicle weight or major recreational equipment. No truck with a gross vehicle weight of twelve thousand (12,000) pounds or major recreational equipment shall be parked in any residential district other than the rural areas (RA) zoning district, except for purposes of making pickups or deliveries, in any location other than an off - street parking area shown on an approved site plan or subdivision plat. 3. Parking or storage of inoperable vehicles. No inoperable vehicle shall be parked or stored on a lot within any agricultural or residential district, including the rural areas ZTA 2009 -13 Home Occupations Planning Commission Work Session June 15, 2010 Attachment D (RA) zoning district, unless the vehicle is within a fully enclosed building or structure, or 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. ZTA 2009 -13 Home Occupations Planning Commission Work Session June 15, 2010 Attachment D County of Albemarle Zoning Ordinance 4.14 PERFORMANCE STANDARDS No use shall hereafter be established or conducted in any industrial district in any manner in violation of the following standards of performance: 4.14.1 NOISE All sources of noise (except those not under direct control of occupant of use, such as vehicles) shall be subject to and comply with section 4.18. (§ 4.14- 12- 10 -80; Ord. 00- 18(3), 6- 14 -00) 4.14.1.1 (Repealed 6- 14 -00) 4.14.1.2 (Repealed 6- 14 -00) 4.14.2 VIBRATION The produce of displacement in inches times the frequency in cycles per second of earthborne vibrations from any activity shall not exceed the values specified below when measured at the points indicated. 4.14.2.1 METHOD OF MEASUREMENT Earthborne vibrations shall be measured by means of a three component recording system, capable of measuring vibration in three mutually perpendicular directions. The displacement shall be the maximum instantaneous vector sum of the amplitude in the three directions. 4.14.2.2 MEANING OF TERMS Vibrations means the periodic displacement of oscillation of the earth. Area of Measurement At residential At other lot lines Type of vibration district boundaries within district Continuous .00 .015 Impulsive (100 per minute or less) .006.030 Less than 8 pulses per 24 hours .015 .075 4.14.3 GLARE No direct or sky reflected glare, whether from flood lights or from high temperature processes such as combustion, welding or otherwise, so as to be visible beyond the lot line, shall be permitted except for signs, parking lot lighting and other lighting permitted by this ordinance or required by any other applicable regulation, ordinance or law. However, in the case of any operation which would affect adversely the navigation or control of aircraft, the current regulations of the Federal Aviation Administration shall apply. 4.14.4 AIR POLLUTION Rules of the State Air Pollution Control Board shall apply within Albemarle County. Such rules and regulations include coverage of: emission of smoke and other emissions from stationary sources; particulate matter; odor; particulate emission from indirect heating furnaces; open burning; incinerators; and gaseous pollutants. 4.14.5 WATER POLLUTION Rules of the State Water Control Board shall apply within Albemarle County. 4.14.6 RADIOACTIVITY ZTA 2009 -13 Home Occupations Planning Commission Work Session June 15, 2010 Attachment D There shall be no radioactivity emission which would be dangerous to the health and safety of persons on or beyond the premises where such radioactive material is used. Determination of existence of such danger and the handling of radioactive materials, the discharge of such materials into the atmosphere and streams and other water, and the disposal of radioactive wastes shall be by reference to and in accordance with applicable current regulations of the Department of Energy, and in the case of items which would affect aircraft navigation or the control thereof, by applicable current regulations of the Federal Aviation Administration, and any applicable laws enacted by the General Assembly of the Commonwealth of Virginia or the requirements of the Virginia Air Pollution Act, whichever is greater. 4.14.7 ELECTRICAL INTERFERENCE There shall be no electrical disturbance emanating from any lot which would adversely affect the operation of any equipment on any other lot or premises and in the case of any operation which would affect adversely the navigation or control of aircraft, the current regulations of the Federal Aviation Administration shall apply. 4.14.8 CERTIFIED ENGINEER REPORT SUBMITTAL Each future occupant of an industrial character shall submit to the county engineer as precedent to issuance of a zoning compliance clearance a certified engineer's report describing the proposed operation, all machines, processes, products and by- products, stating the nature and expected levels of emission or discharge to land, air and/or water or liquid, solid or gaseous effluent and electrical impulses and noise under normal operations, and the specifications of treatment methods and mechanisms to be used to control such emission or discharge. The county engineer shall review the applicant's submittal and make comment and recommendation prior to final commission action on the site development plan. (Amended 9 -9 -92) ZTA 2009 -13 Home Occupations Planning Commission Work Session June 15, 2010 Attachment D County of Albemarle Zoning Ordinance (Sections selected as they pertain to Home Occupations) 4.15 SIGNS (New sections adopted 7 -8 -92 and 5 -9 -01; old sections repealed at the same time.) 4.15.1 PURPOSE AND INTENT The purposa. The board of supervisors finds that signs are a separate and distinct use of the property upon which they are located and affect the uses and users of adjacent streets, sidewalks and other areas open to the public; and that the unregulated erection and display of signs constitute a public nuisance detrimental to the health, safety, convenience and general welfare of the public. Therefore, the purpose of this section 4.15 is to establish reasonable regulations pertaining to the time, place and manner in which outdoor signs and window signs may be erected and maintained in order to: 1. Promote the general health, safety and welfare, including the creation of an attractive and harmonious environment; 2. Protect the public investment in the creation, maintenance, safety and appearance of its streets, highways and other areas open to the public; 3. Improve pedestrian and vehicular safety by avoiding saturation and confusion in the field of vision that could otherwise result if such signs were not regulated as provided herein; and 4. Protect and enhance the county's attractiveness to tourists and other visitors as sources of economic development. b. The board of supervisors finds that the regulations in this section 4.15 advance the significant governmental interests identified herein and are the minimum amount of regulation necessary to achieve them. c. The regulations in this section 4.15 shall apply to all outdoor signs. d. Signs are classified and regulated in this section 4.15 by their purpose (e.g., anchor sign), physical type (e.g., freestanding sign), location (e.g., off -site sign) and characteristics (e.g., illuminated sign). Each sign subject to this section 4.15 shall comply with all regulations applicable to that sign.e and intent of this section 4.15 include, but are not limited to, the following: (25)Home occupation Class B sign. The term "home occupation Class B sign" means a sign on the premises of a dwelling unit that has an authorized Class B home occupation that only states the name of the person occupying the dwelling and identifies the product or service offered by the home occupation (7) Home occupation class B sign. A home occupation class B sign that does not exceed four (4) square feet in sign area. ZTA 2009 -13 Home Occupations Planning Commission Work Session June 15, 2010 Attachment D 5.2 HOME OCCUPATIONS 5.2.1 CLEARANCE OF ZONING ADMINISTRATOR REQUIRED Except as herein provided, no home occupation shall be established without approval of the zoning administrator. Upon receipt of a request to establish a home occupation, Class B, the zoning administrator shall refer the same to the Virginia Department of Highways and Transportation for approval of entrance facilities and the zoning administrator shall determine the adequacy of existing parking for such use. No such clearance shall be issued for any home occupation, Class B, except after compliance with section 5.2.3 hereof. (Amended 3- 18 -81) 5.2.2 REGULATIONS GOVERNING HOME OCCUPATIONS 5.2.2.1 The following regulations shall apply to any home occupation: a. Such occupation may be conducted either within the dwelling or an accessory structure, or both, provided that not more than twenty- five (25) percent of the floor area of the dwelling shall be used in the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet; provided that the use of accessory structures shall be permitted only in connection with home occupation, Class B; b. There shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation provided that a home occupation, Class B, may erect one home occupation Class B sign as authorized by section 4.15 of this chapter. Accessory structures shall be similar in facade to a single - family dwelling, private garage, shed, barn or other structure normally expected in a rural or residential area and shall be specifically compatible in design and scale with other development in the area in which located. Any accessory structure which does not conform to the setback and yard regulations for main structures in the district in which it is located shall not be used for any home occupation; c. There shall be no sales on the premises, other than items hand crafted on the premises, in connection with such home occupation; this does not exclude beauty shops or one -chair barber shops; d. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street; e. All home occupations shall comply with performance standards set forth in section 4.14; f. Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall not be deemed home occupations. 5.2.2.2 Prior to issuance of clearance for any home occupation, the zoning administrator shall require the applicant to sign an affidavit stating his clear understanding of and intent to abide by the foregoing regulations. (§ 20- 5.2.2, 12- 10 -80; § 18- 5.2.2, Ord. 98 -A(1), 8 -5 -98; Ord. 01- 18(3), 5 -9 -01) ZTA 2009 -13 Home Occupations Planning Commission Work Session June 15, 2010 Attachment D 5.2.3 CERTAIN PERMITS REQUIRED No home occupation, Class B, shall be established until a permit shall have been issued therefor. The provisions of section 5.2.1 of this ordinance shall apply hereto, mutatis mutandis. 5.2.4 REVOCATION The zoning administrator may revoke any clearance or permit issued pursuant to this section, after hearing, for noncompliance with this ordinance or any condition imposed under the authority of this section. ZTA 2009 -13 Home Occupations Planning Commission Work Session June 15, 2010 Attachment D