HomeMy WebLinkAboutHO201100142 Legacy Document 2011-07-20 (3)ALBEMARLE COUNTY CODE
shall be the distance between the existing permanent structure and the street, road, access
easement or lot line on May 5, 2010 and that distance shall not be thereafter reduced. An
enlargement or expansion of the structure shall be no closer to a street, road, access
easement or lot line than the existing structure.
d. Parking. Notwithstanding any provision of section 4.12, the following minimum parking
requirements shall apply to a farm stand, farm sales use, and farmers' market:
1. Number of spaces. Each use shall provide one (1) parking space per two hundred (200)
square feet of retail area.
2. Location. No parking space shall be located closer than ten (10) feet to any public street
right-of-way.
3. Design and improvements. In conjunction with each application for a zoning clearance,
the zoning administrator shall identify the applicable parking design and improvements
required that are at least the minimum necessary to protect the public health, safety and
welfare by providing safe ingress and egress to and from the site, safe vehicular and
pedestrian circulation on the site, and the control of dust as deemed appropriate in the
context of the use. The zoning administrator shall consult with the county engineer, who
shall advise the zoning administrator as to the minimum design and improvements.
Compliance with the identified parking design and improvements shall be a condition of
approval of the zoning clearance.
(§ 5.1.19, 12-10-80; Ord. 01-18(6), 10-3-01; §5.1.35, Ord. 95-20(3), 10-11-95; § 5.1.36, Ord. 95-20(4), 10-
11-95; § 5.1.47, Ord 10-18(4), 5-5-10)
5.2 HOME OCCUPATIONS IN ZONING DISTRICTS OTHER THAN THE RURAL AREAS
ZONING DISTRICT
Each home occupation authorized in a zoning district other than the rural areas zoning district shall be
subject to the following:
a. Purpose and intent. The purpose for authorizing home occupations in zoning districts other than
the rural areas zoning district is to encourage limited home-based economic development,
balanced with the need to protect and preserve the quality and character of the county's residential
neighborhoods. The regulations in this section are intended to ensure that authorized home
occupations will be compatible with other permitted uses and the residential neighborhood by
regulating the scale, hours, external activities, external appearance and other. impacts that may
arise from a home occupation.
b. Location and area occupied by a home occupation. A home occupation shall be located and sized
as follows:
Class A home occupations. A Class A home occupation shall be conducted entirely
within the dwelling unit, provided that not more than twenty-five (25) percent of the
gross floor area of the dwelling unit shall be used for the home occupation and further
provided that the gross floor area used for the home occupation shall not exceed one
thousand five hundred (1500) square feet.
2. Class B home occupations. A Class B home occupation shall be conducted within the
dwelling unit or an accessory structure, or both, provided that not more than twenty-five
(25) percent of the gross floor area of the dwelling unit shall be used for the home
occupation and further provided that the cumulative gross floor area used for the home
occupation shall not exceed one thousand five hundred (1500) square feet.
18-5-22.18
Zoning Supplement#65, 1-12-11
ATTACHMENT B
ALBEMARLE COUNTY CODE
C. Exterior appearance. The exterior appearance of a parcel with a home occupation shall be subject
to the following:
Class A home occupations. There shall be no change in the exterior appearance of a
dwelling unit or other visible evidence of the conduct of a Class A home occupation.
Class B home occupations. There shall be no change in the exterior appearance of a
dwelling unit or other visible evidence of the conduct of a Class B home occupation,
except that one home occupation sign may be erected as authorized by section 4.15.
Accessory structures shall be similar in fagade to a single-family dwelling, private
garage, shed, barn or other structure normally expected in a residential area and shall be
specifically compatible in design and scale with other residential development in the area
in which it is located. Any accessory structure that does not conform to the applicable
setback and yard requirements for primary structures shall not be used for a home
occupation.
d. Sales. No home occupation shall sell goods to a customer who comes to the site except for goods
that are hand-crafted on-site and goods sold that are directly related to a beauty shop or a one -chair
barber shop home occupation.
e. Traffic generated by a home occupation. The traffic generated by a home occupation shall not
exceed the volume that would normally be expected by a dwelling unit in a residential
neighborhood.
f. Parking. All vehicles used in a home occupation and all vehicles of employees, customers, clients
or students shall be parked on-site.
g. Performance standards. All home occupations shall comply with the performance standards in
section 4.14.
h. Prohibited home occupations. The following uses are prohibited as home occupations: (1) tourist
lodging; (2) nursing homes; (3) nursery schools; (4) day care centers; and (5) private schools.
i. Zoning clearance required. No home occupation shall commence without a zoning clearance
issued under section 31.5, subject to the following:
1. Class A home occupations. Prior to the zoning administrator issuing a zoning clearance
for a Class A home occupation, the applicant shall sign an affidavit affirming his
understanding of the requirements of section 5.2.
2. Class B home occupations. Prior to the zoning administrator issuing a zoning clearance
for a Class B home occupation: (a) there shall be a valid special use permit for the Class
B home occupation; (b) the applicant shall provide the zoning administrator evidence that
the Virginia Department of Transportation has approved the entrance to the site; and (c)
the applicant shall sign an affidavit affirming his understanding of the requirements of
section 5.2.
(§ 20-5.2, 12-10-80; § 5.2.1, 12-10-80, 3-18-81; § 20-5.2.2, 12-10-80; §18-5.2.2, Ord. 98-A91), 8-5-98;
Ord. 01-18(3), 5-9-01; Ord. 11-18(l),1-12-11)
-5.2A HOME OCCUPATIONS IN THE RURAL AREAS ZONING DISTRICT
Each home occupation authorized in the rural areas zoning district shall be subject to the following:
a. Purpose and intent. The purpose for authorizing home occupations in the rural areas zoning
district is to encourage limited home-based economic development, balanced with the need to
protect and preserve the quality and character of the county's agricultural areas and residential
18-5-22.19
Zoning Supplement #65, 1-12-11
ATTACHMENT B