HomeMy WebLinkAboutZTA200900020 Legacy Document 2011-06-07 (3)Draft: 01/14/10
Attachment B
ORDINANCE NO. 10 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE IV, PROCEDURE, OF THE CODE OF
THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article IV, Procedure, of the Code of the County of Albemarle is amended and reordained as follows:
By Amending:
Sec. 32.2 When site plan is required; waiver of drawing of site plan
Chapter 18. Zoning
Article IV. Procedure
Sec. 32.2 When site plan is required; waiver of drawing of site plan
A site plan meeting the requirements of section 32 and all other applicable regulations shall be required as
follows:
a. When required. A site plan shall be required for any construction, use, change in use or other
development in all zoning districts; provided that no site plan shall be required for the following:
The construction or location of any single - family detached dwelling on a lot on which not more
than two (2) dwellings are located or proposed to be located if the lot has public street frontage_
or the construction or location of one (1) dwelling unit on a lot that does not have public street
frontage.
2. The construction or location of a two - family dwelling on any lot not occupied by any other
dwellings.
Any structure that is accessory to a single - family detached or two - family dwelling.
4. Any agricultural activity except as otherwise provided in section 5.
Any change in or expansion of a use provided that: (i) the change or expansion does not require
additional parking under section 4.12 of this chapter; (ii) no additional ingress /egress or
alteration of existing ingress /egress is required by the Virginia Department of Transportation
based on the intensification of the use; and (iii) no additional ingress /egress or the alteration of
existing ingress /egress is proposed by the developer. (32.2.1, 1980)
b. Waiver of certain details of site plan by the commission. After providing notice as provided by section
32.4.2.5, the commission may waive certain details of a site plan otherwise required by sections 32.5
and 32.6 in a particular case upon a finding that the details waived would not forward the purposes of
this chapter or otherwise serve the public interest; provided that no such waiver shall be made until the
commission has considered the recommendation of the agent. The agent may recommend approval,
approval with conditions, or denial of the waiver. If the agent recommends approval of the waiver with
conditions, he shall state the relationship of the recommended condition to the provisions of this section.
No condition shall be imposed which could not be imposed through the application of the regulations of
section 32. The waiver shall identify the details otherwise required by sections 32.5 and 32.6 that are
waived. (32.2.2,1980; Amended 5 -1 -87)
Draft: 01/14/10
Attachment B
Waiver of certain details of site plan by the agent. In accordance with the procedures stated in section
2.5 of this chapter, the agent may waive certain details of a site plan otherwise required by sections 32.5
and 32.6 i£ (i) the site review committee finds that all of the details required by sections 32.5 and 32.6
are not necessary for its review of the proposed development; and (ii) the zoning administrator, in
consultation with the county engineer and the manager of zoning enforcement, finds that the details
waived are not necessary to determine that the site is developed in compliance with this chapter and all
other applicable regulations. The waiver shall identify the details otherwise required by sections 32.5
and 32.6 that are waived.
(12- 10 -80, §§ 32.2, 32.2.1, 32.2.2; 5 -1 -87; Ord. 09- 18(1), 1- 14 -09, § 32.2)
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