HomeMy WebLinkAboutZTA200900020 Legacy Document 2011-06-07 (2)Draft: 01/14/10
Attachment A
ORDINANCE NO. 10 -14( )
AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, ARTICLE 111, SUBDIVISION
PLAT REQUIREMENTS AND DOCUMENTS TO BE SUBMITTED, AND ARTICLE IV, ON -SITE
IMPROVEMENTS AND DESIGN, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 14,
Subdivision of Land, Article 111, Subdivision Plat Requirements and Documents to be Submitted, and Article
IV, On -Site Improvements and Design, is hereby amended and reordained as follows:
By Amending:
Sec. 14 -316 Approval of entrance onto public streets
Sec. 14 -400 Minimum lot requirements
Sec. 14 -403 Lot frontage
Sec. 14 -404 Lot location to allow access from lot onto street or shared driveway
Chapter 14. Subdivision of Land
Article III. Subdivision Plat Requirements and Documents to be Submitted
Sec. 14 -316 Approval of entrance onto public streets.
The subdivider shall submit, prior to or with the final plat, evidence satisfactory to the agent that the
entrance of the principal means of access for each lot onto any existing or proposed public street complies with
Virginia Department of Transportation standards; provided that this requirement shall not apply to any
subdivision of a parcel where two (2) or more dwellings existed on the parcel on October 14.2009 and one
existing dwelling would be located on each lot created.
(Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05)
Article IV. On -Site Improvements and Design
Sec. 14 -400 Minimum lot requirements.
Each lot within a subdivision shall satisfy the minimum lot requirements established in the zoning
ordinance provided that no street frontage or lot access requirement shall apply to any lot that would be created
from the subdivision of a parcel where two (2) or more dwellings existed on the parcel on October 14.2009 and
one existing dwelling would be located on each lot created.
(§ 18 -29 (part), 9-5-96,8-28-74; § 18 -34 (part), 9-5-96,8-28-74; 1988 Code, §§ 18-29,18-34; Ord. 98 -A(1), 8-
5-98, § 14 -500; Ord. 02- 14(1), 2 -6 -02; Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05)
State law reference -Na. Code §§ 15.2- 2241(3).
Sec. 14 -403 Lot frontage.
Each lot within a subdivision shall have frontage on an existing or proposed street; provided that this
requirement shall not apply to any lot that would be created from the subdivision of a parcel where two (2) or
more dwellings existed on the parcel on October 14, 2009 and one existing dwelling would be located on each
lot created.
Draft: 01/14/10
Attachment A
(§ 18 -30 (part), 9 -5 -96, 8- 28 -74; § 18 -36, 9 -5 -96, 8- 28 -74; 1988 Code, §§ 18 -30, 18 -36; Ord. 98 -A(1), 8 -5 -98, §
14 -504; Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05)
State law reference - -Va. Code § 15.2- 2241(3).
Sec. 14 -404 Lot location to allow access from lot onto street or shared driveway.
Each lot within a subdivision shall be located as follows:
A. Single point of access required. Each lot, other than a corner lot within the development areas,
shall have reasonable access to the building site from only one street, shared driveway or alley established at the
same time as the subdivision; provided that, if the subdivision is in the rural areas, each lot created from the
subsequent division of any lot within the subdivision shall enter only onto such street(s) established at the same
time as the original subdivision and shall have no immediate access onto any other public street.
B. Conditions when single point of access not required. Notwithstanding subsection (A), a lot may
be located so that it has reasonable access to the building site from a public street abutting the subdivision if. (i)
the agent approves a waiver under subsection (C); (ii) the subdivider obtains an entrance permit from the
Virginia Department of Transportation for the access; (iii) the entrance complies with the design standards set
forth in sections 14- 410(F) and 14- 410(G); and (iv) the subdivider demonstrates to the agent prior to approval of
the final plat that the waiver does not violate any covenants to be recorded for the subdivision.
C. Lots exempt from requirements ofsubsections (A) and (B). The requirements of subsections (A)
and (B) shall not apply to the subdivision of a parcel where two (21 or more dwellings existed on the parcel on
October 14, 2009 and one existing dwelling would be located on each lot created.
ED. Standards for waiver. The requirements of subsection (A) may be waived by the agent as
provided in section 14- 224.1. A request for a waiver may be made prior to or with submittal of a preliminary or
final plat, as follows:
1. Information to be submitted. A request shall include a justification for the waiver and a
conceptual plan. The conceptual plan shall: (i) be drawn at a scale no smaller than one (1) inch equals two
hundred (200) feet showing surveyed boundaries of the property or an alternative scale approved by the agent;
(ii) show the topography of the property at the best interval available from the County including delineation of
proposed building sites; (iii) show the locations of streams, stream buffers, critical slopes, floodplains, and
known wetlands; and (v) show the proposed layout of lots, location of existing features such as buildings,
fences, drainfields, existing driveways or other access ways, or other significant features.
2. Consideration and findings. In reviewing a waiver request, the agent shall consider
whether: (i) installing a single point of access would substantially impact environmental resources such as
streams, stream buffers, critical slopes, and floodplain; (ii) construction of a single point of access would
substantially impact features existing on the property prior to October 14, 2009; (iii) granting the waiver would
contribute to maintaining an agricultural or forestal use of the property; and (iv) granting the waiver would
facilitate development of areas identified in the open space plan as containing significant resources. In
approving a waiver, the agent shall find that requiring the extension would not forward the purposes of this
chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public
health, safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land
adjacent thereto.
PE. Terms defined. For purposes of this section, the term "reasonable access" means a location for a
driveway or, if a driveway location is not provided, a location for a suitable foot path from the parking spaces
Draft: 01/14/10
Attachment A
required by the zoning ordinance to the building site; the term "within the subdivision" means within the
exterior boundary lines of the lands being divided.
(§ 18 -36 (part), 9 -5 -96, 8- 28 -74; § 18 -39 (part), 9 -5 -96, 10- 19 -77, 5- 10 -77, 8- 28 -74; 1988 Code, §§ 18 -36, 18-
39; Ord. 98 -A(1), 8 -5 -98, §§ 14- 500(C), 14 -505; Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05; Ord. 09- 14(2), 10-
14-09)
State law reference -Na. Code § 15.2- 2241(5).
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