HomeMy WebLinkAboutZTA201200002 Legacy Document 2012-03-23 (2)Draft: 02/17/12
ORDINANCE NO. 12 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, 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 I, General Regulations, Article II, Basic Regulations, and Article III, District Regulations, are hereby
amended and reordained as follows:
By Amending:
Sec. 3.1
Definitions
Sec. 4.2
Critical slopes
Sec. 4.2.1
Building site required
Sec. 4.2.2
Building site area and dimensions
Sec. 4.2.3
Location of structures and improvements
Sec. 4.2.4
Location of septic systems
Sec. 4.7
Open space
Sec. 5.1.43
Special events
Sec. 5.1.44
Farm worker housing
Sec. 10.5.2
Where permitted by special use permit
By Amending and Renaming:
Current New
Sec. 4.1 Area and health regulations related to utilities Water supplies and sewer systems
By Repealing:
Sec. 4. 1.1 Untitled
Sec. 4.1.2 Untitled
Sec. 4.1.3 Untitled
Sec. 4.1.4 Untitled
Sec. 4.1.5 Untitled
Sec. 4.1.6 Untitled
Sec. 4.1.7 Untitled
Chapter 18. Zoning
Article I. General Regulations
Sec. 3.1 Definitions
Alternative onsite sewage system: A treatment works approved by the Virginia Department of Health that is not
a conventional onsite sewage system and does not result in a point source discharge.
Central Seiwrage A sewer-age system eensisting of pipelines or- een"its, pumping stations, for-ee mains
or- sewer-age tfeatment plants, ineluding, but not hinited to, septie tanks an&er- dr-ain fields, or- any of thei*,-
Draft: 02/17/12
Code. designed to sen,e thfee (3) or- more ewmeetions, used for- een"eting or- t-Feating sewage whieh is required to
approved by the board of . . ifstiant to Title 15.2, Chapter- 2 1, AAiele 4 of the
Conventional onsite sewa e system: A treatment works approved by the Virginia Department of Health
consisting of one or more septic tanks with gravity, pumped, or siphoned conveyance to a gravity distributed
subsurface drainfield.
Critical slopes: Slopes of twenty -five (25) percent or greater as determined by reference to either current
topographic mapping available from the county or a more accurate field survey certified by a professional
surveyor or engineer.
Onsite sewage system: A conventional onsite sewage system or an alternative onsite sewage system.
Subsurface drainfield: A system installed within the soil and designed to accommodate treated sewage from a
treatment works.
Treatment works: Any device or system used in the storage, treatment, disposal or reclamation of sewage or
combinations of sewage and industrial wastes, including but not limited to pumping mower and other equipment
and appurtenances, septic tanks, and any works, including land, that are or will be (i) an integral part of the
treatment process or (ii) used for ultimate disposal of residues or effluents resulting from such treatment.
Article 11. Basic Regulations
Sec. 4.1 Area and health regulations related to utilities Water supplies and sewer systems (Amended 6 -3-
81)
the
well, springs
or other sottree and
>
Title 15.2, Chapter
2 1, Artiele 6 the Code.
of
Conventional onsite sewa e system: A treatment works approved by the Virginia Department of Health
consisting of one or more septic tanks with gravity, pumped, or siphoned conveyance to a gravity distributed
subsurface drainfield.
Critical slopes: Slopes of twenty -five (25) percent or greater as determined by reference to either current
topographic mapping available from the county or a more accurate field survey certified by a professional
surveyor or engineer.
Onsite sewage system: A conventional onsite sewage system or an alternative onsite sewage system.
Subsurface drainfield: A system installed within the soil and designed to accommodate treated sewage from a
treatment works.
Treatment works: Any device or system used in the storage, treatment, disposal or reclamation of sewage or
combinations of sewage and industrial wastes, including but not limited to pumping mower and other equipment
and appurtenances, septic tanks, and any works, including land, that are or will be (i) an integral part of the
treatment process or (ii) used for ultimate disposal of residues or effluents resulting from such treatment.
Article 11. Basic Regulations
Sec. 4.1 Area and health regulations related to utilities Water supplies and sewer systems (Amended 6 -3-
81)
Draft: 02/17/12
a. Whenever- a stme4we is damaged as a result of faetor-s beyond the eonti-7oi Of the E)Wfler- aflEVEW Oeetlprffit
shall be oonuneneed within twelve (12) niontlis and eompleted within twenty fouf (24) nlofAks ffem
date of sueh damage; a-ad pfovided fiff4heF thA sueh stFuetwe shall not be r-epaiFed and/or- r-eeons4ueted in.
Stieh fflaffilff aS tO r-easonAly eatise an ifieFeaSe in wa4ff usage a-n&or- sewage disposal demand; OF
system, exelusive of eonneetion fees, exeeeds the eost of installing effi on site well and/or septie system; oF
Serviee AtithOFity finds that the eapaeity of the publie wateF and/or- seweFage system is inadequate -
sen,e the PFOPOsed development.
Exeept fof (a) above, the �ffegOifig PFOViSiORS Shall HOt PFE)vide Felief ffofn § § 4. 1.1 thr-otigh 4.1.7. (Added 1 3
4.1.1 For- a pafeel served by both a eei4fal wateF supply and a eentral se-wer system, the minimim area
is of the disc iet in whieh sue sueh p eel is 1,.eate,1 shall pl1
4.1.2 F-OF a paFeel sepved by eit-heF a eentr-al wateF StIpply of a eel4fal sewer- system, theFe shall be
pFovided a mininitim aFea Of fOFt-Y thousand (40,000) square feet per- eommer-eial or- ifididst-Fial
establishment or- per- dwelling unit as the ease may be,
4.1.3 F-OF a paFeel sef-ved by fieitheF a eefitml wateF StIpply HOF a eef4ml seweF System, there shall be
pFovided a ininimum of sixty thousand (60,000) square feet per- eoffiffler-eial of ifl"str-ial
establishment or- per- dwelling unit as the ease may be,
4.1.4 The provisions of seetions 4.1.2 and 4.1 * 3 notwithstanding, in siaek eases where a greater- minimum
r-eg-diations shall apply.
4.1.5 In the ease of wmsual soil oonditions or- other- physieal faeter-s w-hieh may impair- the health an
safiat-y of the neighbor-hood, upon the r-eeotmnefidation of the Vir-ginia DepaAment of Health, the
eonffnission I . the area r-equir-ements for- uses u4ilizing other- than a p4lie sewer- system.
4.1.6 For- lots not sen,ed by a eentfa4 sewef: system, no building peffnit sha4l be issiaed for- afly buildi
stmetffe, the use of w-hieh involves sewage disposal, withotA vffitten approval ffofn the loeal oi�Pkal
of the Vif:ginia Pepaftmen4 of Health of the loeation a-ad area for- both original and ftAwe
r-eplaeemefA septie disposal fields adequate to serve suehuse. Fof: fesidential usage, a4 a minim-um,
eaeh septie disposal field shall eonsist of suitable soils of ade"ate area to aeeoffffnodate sewage
rlo...,,-E,v efA of Health. (Amended 11 1 C 49)
4.1.7 In a eltister- developmefft, open spaee may be used for- septie field loea4ion only aftef the septie field
of 14ea i, (Added 6 3 41 )
The water supply and sewer system serving either a development or any individual lot shall comply with the
following:
a. Public water supply and public sewer system within the services areas of the Albemarle County Service
Authority. Within the services areas of the Albemarle County Service Authority (the "service areas "j
each development and each lot shall be served by the public water supply and the public sewer system.
Draft: 02/17/12
Within the service areas. no building hermit shall be issued for anv structure if its use reauires increased
water consumption and/or sewage disposal, unless the structure will be connected to the public water
supply and/or the public sewer system. Connection to the public water supply and/or the public sewer
system is not required in the following circumstances:
1. Existing structure damaged. When an existing structure is damaged as a result of factors
beyond the control of its owner and/or occupant, the structure may be repaired or reconstructed
provided that the repair or reconstruction is commenced within twelve (12) months and
completed within twenty -four (24) months after the date of the damage, and further provided
that the structure is not repaired or reconstructed so as to increase the number of water supply or
sewage fixtures.
2. Cost of connection to public water sunnly or public sewer system exceeds cost of onsite sewage
system. When the Albemarle County Service Authority finds that the cost of connecting the
proposed development or lot to the public water supply and/or the public sewer system,
exclusive of connection fees, exceeds the cost of installing an on -site well and/or an onsite
sewage system.
3. Capacity ofnublic water supply or public sewer system is inadequate. When the Albemarle
County Service Authority finds that the capacity of the public water supply and/or the public
sewer system is inadequate to serve the proposed development or lot.
4. Nonconforming use or structure. The structure is used for a nonconforming use and satisfies the
requirements of section 6.2(C) or the structure is nonconforming and satisfies the requirements
of section 6.3.
b. Water suppl y and sewer system when development or lot not connected to the public water sunnly
and /or the public sewer system. When a development or a lot is not or will not be connected to the
public water supply and/or the public sewer system, the following shall apply, except when an existing
structure is damaged as provided in section 4.1(al(11:
1. Lots served by an alternative onsite sewage system. On anv lot served by an alternative onsite
sewage system because there are unusual soil conditions or other physical factors that may
impair the functioning of a conventional onsite sewage system, no building permit shall be
issued for any structure, the use of which requires sewage disposal, without the Virginia
Department of Health's approval of the location and area for the alternative onsite sewage
system and the Virginia Department of Health's determination that the lot also has adequate
area for the equivalent of a replacement conventional onsite sewage system that is adequate to
serve the use.
2. Lots served by a conventional onsite sewage system. On anv lot served by a conventional onsite
sewage system, no building permit shall be issued for any structure, the use of which requires
sewage disposal, without the Virginia Department of Health's approval of the location and area
for both an original and a replacement subsurface drainfield that is adequate to serve the use.
For residential uses, each subsurface drainfield shall have suitable soils of adequate area to
accommodate sewage disposal from a three (3) bedroom dwelling as determined by the current
regulations of the Virginia Department of Health.
Sec. 4.2 Critical slopes
These provisions in this section through section 4.2.5 implement the comprehensive plan by
protecting and conserving steep hillsides together with public drinking water supplies and flood plain areas and
in gnit: °r °r because of the increased potential for soil erosion, sedimentation, water pollution and septie
dispesA sewage disposal problems associated with the developme disturbance of these areas deser -ibe in the
Draft: 02/17/12
eempr-eheasive plar as critical slopes. 14 is hereby °,.,,,....:z °a thM sueh sue development ° The disturbance of
critical slopes may result in: rapid and/or large -scale movement of soil and rock; excessive stormwater run -off,
siltation of natural and man -made bodies of water; loss of aesthetic resource; and in the event of septic
onsite sewage system failure, a greater travel distance of septic effluent, all of which constitute potential dangers
to the public health, safety and /or welfare. These pr-evi The regulations in sections 4.2.1, 4.2.2, 4.2.3 and
4.2.4 are intended to direct building and septic onsite sewage system locations to terrain more suitable to
development and to discourage development on critical slopes, and to supplement other regulations regarding
the protection of public water supplies and the encroachment of development into flood plains. (Amended 11-
15-89)
A4ier-e medifieation of regulations is sought ptifsthmt to seetion 4.2.5, sueh FeEIttest shall address eaeli eaneeffl
speeified in seetio„ 4.2. Each request to waive or modify any requirement of sections 4.2.1, 4.2 2 4.23 or 4.2.4
under section 4.2.5 shall be by special exception under section 31.8. (Added 11- 15 -89)
Sec. 4.2.1 Building site required
No lot er -pafeel shall have less than one (1) building site, subject to the following::
a. Composition of building site. A building site shall be composed of a contiguous area of land and may_
not contain any area of land that is: (i) in critical slopes: (ii) within the flood hazard overlay district: (iii)
under water during normal hydrological conditions: (iv) within two hundred (2001 horizontal feet of the
one hundred year flood plain of any public water supply reservoir: and (v) within a stream buffer under
chapter 17 of the Code, provided that nothing contained herein shall be deemed to prohibit or impair
the program authority from exercising its discretion as authorized in chapter 17. F-of -P rp is
site" seetion, the tefm "building
(25) per-eent as determined by r-efer-enee to either- tapegr-aphie "adr-angle maps of the Geolegieal SuFvey
U. S. Department of hAer-ier- (eenteur- interval twentY E20] feet) or- a sE)ufee detefmined by the eounty
°° ., °
UP
TfM7'Z[7 tl'!1'FiS!!!!�!!!�f!!!l��177:
MIM
b. Special exception. Notwithstanding section 4.2.5. anv reauirement of section 4.2.1(a) may be waived or
modified by special exception under section 31.8 upon the board of supervisors' consideration of
whether (i) the parcel has an unusual size, topography, shape, location or other unusual physical
condition: or (ii) development in a stream buffer on the parcel was authorized as provided in section 17-
321 of the Code.
Sec. 4.2.2 Building site area and dimensions
Each building site shall be subject to the following minimum area and dimension requirements: (Amended 10-
17-01)
a. Uses not served by a public or central seiveffige sewage system. Building sites for uses not served by a
public or central sewerage sewage system shall be subject to the following: (Amended 11- 15 -89; 10 -17-
01)
Draft: 02/17/12
Dwelling units. Each building site for a dwelling unit shall have an area of thirty thousand
(30,000) square feet or greater and shall be of such dimensions that no one dimension exceeds
any other by a ratio of more than five (5) to one (1) as described by a rectangle inscribed within
the building site. The building site shall have adequate area for locating two (2) septie dr-ai
fields subsurface drainfields approved by the Virginia Department of Health pursuant to seetimn
4.1 of this „hapter. regardless of whether the lot will be served by an alternative onsite sewage
system or a conventional onsite sewage system. (Amended 11- 15 -89; 10- 17 -01)
2. Development subject to section 32 of this chapter. Each building site in a development subject
to section 32 of this chapter shall have an area of thirty thousand (30,000) square feet or greater
and shall be of such dimensions that no one dimension exceeds any other by a ratio of more
than five (5) to one (1) as described by a rectangle inscribed within the building site. The
building site shall have adequate area for all buildings and structures, two (2) septic a -ai fi
subsurface drainfields approved by the Virginia Department of Health pufsuant to section 4.' of
this ehapter-• regardless of whether the lot will be served by an alternative onsite sewage system
or a conventional onsite sewage system, parking and loading areas, storage yards and other
improvements, and all earth disturbing activity related to the improvements. (Added 11- 15 -89;
Amended 10- 17 -01)
Special exception. Notwithstanding section 4.2.5 , the
dir-eeter- of planning and eemmunity development may modify or- waive the rectangular shape
required by subsections (1) and (2) if-, may be waived or modified by special exception under
section 31.8 ' , ,
dir-eeter- of planning and eemmunity development finds-, upon the board of supervisors'
consideration of the recommendation from the Virginia Department of Health and based e
information provided by the developer shy; that: (i) the parcel has an unusual size,
topography, shape, location or other unusual physical condition; (ii) no reasonable alternative
building site exists; and (iii) modifying or waiving the rectangular shape would result in less
degradation of the parcel or adjacent parcels than if those dimensions were adhered to. (Added
10- 17 -01)
b. Uses served by a central seweFage sewage system. Building sites for uses served by a central sewerage
sew system shall be demonstrated by the applicant to have adequate area, as follows: (Amended 10-
17-01)
Residential development. Each building site in a residential development shall have adequate
area for all dwelling unit(s) together with an area equivalent to the sum of the applicable
required yard areas for the applicable zoning district and, if parking is provided in bays, the
parking area. (Added 11- 15 -89; Amended 10- 17 -01)
2. Development subject to section 32 of this chapter. Each building site in a development subject
to section 32 of this chapter shall have adequate area for all structures, parking and loading
areas, storage yards and other improvements, and all earth disturbing activity related to the
improvements. (Added 11- 15 -89; Amended 10- 17 -01)
(4.2.2, 12- 10 -80; § 4.2.2, 4.2.2.1, 11- 15 -89; Ord. 01- 18(7), 10- 17 -01)
C:7
Draft: 02/17/12
Sec. 4.2.3 Location of structures and improvements
Except as otherwise „°,.mit4 °a ,.,,fstt i# to provided in section 4.2.2, the evil on ^r this section shall
to the location of any structure for which a permit is required under the Uniform Statewide Building
Code and to any improvement shown on a site developmei# plan pursuant to section 32-.0 of this chapter.
(Amended 11- 15 -89; 10- 17 -01)
(§ 4.2.3, 12- 10 -80, 11- 15 -89; Ord. 01- 18(7), 10- 17 -01)
4.2.3. fa. No structure or improvement shall be located on any lot or- par-eel in any area other than a
building site. (Amended 11- 15 -89)
4�2b. No s*...,,.tufe of imp - ovemen4 „^r- ° No structure, improvement or land disturbing activity to
establish such the structure or improvement shall be located on critical slopes of l?' efity five
(25) per^ °M* ^ r°°* °r except as otherwise permitted under sections 4.2.5.4.2.6 and 4.3.81.
Sec. 4.2.4 Location of septie systems onsite sewage systems (Amended 11- 11 -87)
In the review for and issuance of a permit for the installation of a septie system an onsite sewage system, the
Virginia Department of Health shall should be mindful of the intent of this section 4.2, and particularly mindful
of the intent to discourage onsite sewage systems on slopes of twenty
(20) percent or greater. Septie system leea4 ^„ shall be restF ete *^ Any onsite sewage system shall be located
within a building site. (Amended 11 -1 -87; 9 -9 -92)
Sec. 4.7 Open space
Open space shall be established, used, designed and maintained as follows:
a. Intent. Open space is intended to provide active and passive recreation, protect areas sensitive to
development, buffer dissimilar uses from one another and preserve agricultural activities. The
commission and the board of supervisors shall consider the establishment, use, design and maintenance
of open space in their review and approval of zoning map amendments. The subdivision agent and the
site plan agent (hereinafter, collectively referred to as the "agent ") shall apply the following principles
when reviewing open space provided on a subdivision plat or site plan.
b. Uses permitted. Open space shall be maintained in a natural state and shall not be developed with any
improvements, provided that the agent may authorize the open space to be used and improved for the
following purposes: (i) agriculture, forestry and fisheries, including appropriate structures; (ii) game
preserves, wildlife sanctuaries and similar uses; (iii) noncommercial recreational uses and structures;
(iv) public utilities; (v) individual wells and *ream eat works with substfff °° arainfie ds (r-efer-
seetion 4.1.7)
(vi) in a cluster development, onsite sewage systems if the Department of Health
determines that there are no suitable locations for a subsurface drainfield on a development lot; and (vii)
stormwater management facilities and flood control devices.
Design. Open space shall be designed as follows:
1. Lands that may be required. The agent may require that open space include: (i) areas deemed
inappropriate for or prohibited to development including, but not limited to, land in the one-
hundred year flood plain and significant drainage swales, land in slopes of twenty -five (25)
percent or greater, public utility easements for transmission lines, stormwater management
facilities and flood control devices, and lands having permanent or seasonally high water tables;
(ii) areas to satisfy section 4.16, and (iii) areas to provide reasonable buffering between
dissimilar uses within the development and between the development and adjoining properties.
fd
Draft: 02/17/12
Redesign during review. The agent may require the redesign of a proposed development to
accommodate open space areas as may be required under this section 4.7, provided that the
redesign shall not reduce the number of dwelling units permitted under the applicable zoning
district.
Limitation on certain elements. If open space is required by this chapter, not more than eighty
(80) percent of the minimum required open space shall consist of the following: (i) land located
within the one - hundred year flood plain; (ii) land subject to occasional, common or frequent
flooding as defined in Table 16 Soil and Water Features of the United States Department of
Agriculture Soil Conservation Service, Soil Survey of Albemarle County, Virginia, August,
1985; (iii) !a-ad slopes of twenty five (25) pereent or emer critical slopes; and (iv) land
devoted to stormwater management facilities or flood control devices, except where the facility
or feature is incorporated into a permanent pond, lake or other water feature deemed by the
agent to constitute a desirable open space amenity.
d. Ownership of open space. Open space may be privately owned or dedicated to public use. Open space in
private ownership shall be subject to a legal instrument ensuring the maintenance and preservation of the
open space that is approved by the agent and the county attorney in conjunction with the approval of the
subdivision plat or site plan. Open space dedicated to public use shall be dedicated to the county in the
manner provided by law. Open space dedicated to public use shall count toward the minimum required
open space.
(12- 10 -80, §§ 4.7, 4.7.1, 4.7.2, 4.7.3, 4.7.4; 6 -3 -81, 11- 15 -89; Ord. 09- 18(1), 1- 14 -09, § 4.7)
Sec. 5.1.43 Special events
Each special event authorized by section 10.2.2(50) shall be subject to the following:
a. Eligibility and applicability. Special events may be authorized on those parcels in the Rural Areas (RA)
zoning district on which there is an existing and ongoing by -right (section 10.2. 1) primary use. A
special event special use permit issued under section 10.2.2(50) and this section shall not be required for
special events associated with farm wineries or historical centers, or for events determined by the zoning
administrator to be accessory to a primary use of the parcel.
b. Information to be submitted with application for special use permit. In addition to any information
otherwise required to be submitted for a special use permit, each application for a special use permit
shall include the following:
Concept plan. A preliminary schematic plan (the "concept plan ") satisfying section 32.4.1. The
concept plan shall identify the structure(s) to be used for the special event, include the area of
the structure(s) in which the proposed special events will be conducted, the parking area, and
the entrance to the site from the street. The concept plan shall address, in particular, provisions
for safe and convenient access to and from the street, the location of the parking area, the
location of portable toilets if they may be required, proposed screening as required by this
section for parking areas and portable toilets, and information regarding the exterior appearance
of the proposed site. Based on the concept plan and other information submitted, the board of
supervisors may then waive the requirement for a site plan in a particular case, upon a finding
that the requirement of a site plan would not forward the purposes of this chapter or otherwise
serve the public interest.
2. Information from the Virginia Department of Health. The applicant shall submit written
comments from the Virginia Department of Health regarding the private water supply and the
septie disposal system onsite sewage system that will serve the proposed special event site, the
8
Draft: 02/17/12
ability of the water supply and the septa. disposal system onsite sewage system to handle the
proposed events, and the need to improve the supply or the system in order to handle the
proposed events.
Building and fire safety. The building official and the county department of fire and rescue
shall review and comment on the application, identifying all Virginia Uniform Statewide
Building Code and Virginia Statewide Fire Prevention Code issues and requirements.
C. Zoning eenipliaree clearance. The applicant shall obtain a zoning ewe clearance under section
31.5 prior to conducting a special event. A single zoning clearance may be obtained for one (1) or more
such special events in a calendar year as follows:
The zoning administrator may issue a single zoning ^^m�e clearance for more than one (1)
special event if. (i) the application submitted by the applicant includes the required information
in subsection 5.1.43(c)(3) for each special event to be covered by the zoning eemplianee
clearance: (ii) the zoning administrator determines that each special event is substantially
similar in nature and size; and (iii) the zoning administrator determines that a single set of
conditions that would apply to each such special event may be imposed with the zoning
ewe clearance.
2. The applicant shall apply for a zoning ewe clearance at least thirty (30) days prior to the
date of the first special event to be authorized by the zoning epee clearance. The
application shall be submitted to the zoning administrator, who shall forward copies of the
application to the county police department, the county building official, the county department
of fire and rescue, and the local office of the Virginia Department of Health. As part of his
review, the building official shall determine whether the structure(s) proposed to be used for the
special events satisfies the requirements of the Virginia Uniform Statewide Building Code for
that use.
The application shall describe the nature of each special event to be authorized by the zoning
ewe clearance, the date or dates and hours of operation of each such special event, the
facilities, structures to be used, and the number of participants and support staff expect to attend
each special event.
4. Upon a determination that all requirements of the zoning ordinance and all conditions of the
special use permit are satisfied, and imposing all conditions of such approval required by the
offices identified in subsection 5.1.43(c)(2), the zoning administrator shall issue a zoning
ewe clearance for one or more special events. The validity of the zoning wee
clearance shall be conditional upon the applicant's compliance with all requirements of the
zoning ordinance, all conditions of the approved special use permit, the approved concept plan
or site plan, and all conditions imposed by the zoning wee clearance.
d. Special events sites and structures. In addition to all other applicable requirements of this chapter,
special events sites and structures shall be subject to the following:
Structures used for special events. Each structure used for a special event shall satisfy the
following: (i) the structure shall have been in existence on the date of adoption of this section
5.1.43, provided that this requirement shall not apply to accessory structures less than one
hundred fifty (150) square feet in size; (ii) the structure shall be a lawful conforming structure
and shall support or have supported a lawful use of the property; and (iii) modifications to farm
buildings or farm structures as those terms are defined in Virginia Code § 36 -97 shall allow the
structure to revert to an agricultural use, as determined by the building official.
CN
Draft: 02/17/12
2. Minimum yards. Notwithstanding any other provision of this chapter, the minimum front yard
shall be seventy -five (75) feet. The minimum side yard shall be twenty -five feet (25) feet. The
minimum rear yard shall be thirty-five (35) feet. All yards shall be measured from structures
and off - street parking areas. These minimum yard requirements shall apply to all accessory
structures established after the effective date of this section 5.1.43 and all tents, parking areas
and portable toilets used in whole or in part to serve special events.
Parking. The number of off - street parking spaces for a special event shall be as required in
section 4.12.6. Notwithstanding section 4.12.15(a) through (g), the additional parking area(s)
for special events shall consist of or be constructed of pervious materials including, but not
limited to stabilized turf, approved by the county engineer. Asphalt and impervious materials
are prohibited. If the parking area is on grass or in a field, the applicant shall reseed and restore
the parking area site as required by the zoning administrator. In addition to the requirements of
section 4.12.5, the parking area shall be onsite and screened from abutting parcels by
topography, structures or new or existing landscaping. Notwithstanding section 4.12.16(d) and
(e), the delineation of parking spaces and the provision of bumper blocks shall not be required.
4. Water and sewer. The private water supply and septie disposal syste onsite sewage system
serving a special event shall be approved by the Virginia Department of Health.
Streets and access. Streets serving the site shall be adequate for anticipated traffic volume for a
special event. Access from the street onto the site shall be adequate to provide safe and
convenient access to the site, and applicant shall install all required improvements and provide
adequate sight distance in order to provide safe and convenient access.
e. Special events operations. In addition to all other applicable requirements of this chapter, special events
operations shall be subject to the following:
1. Number ofparticipants. The number of participants at a special event at any one time shall not
exceed one hundred fifty (150) persons
2. Number of special events per year. The special use permit shall identify the number of approved
special events per calendar year, which number shall not exceed twenty -four (24).
Signs. Permanent and temporary signs advertising a special event shall be permitted as
provided in sections 4.15.4 4.15.4A and 4.15.8.
4. Food service. No kitchen facility permitted by the Virginia Department of Health as a
commercial kitchen shall be allowed on the site. A kitchen may be used by licensed caterers for
the handling, warming and distribution of food, but not for cooking food, to be served at a
special event.
5. Portable toilets. If required, portable toilets are permitted on the site, provided that they comply
with the yard requirements in section 5.1.43(d)(2) and shall be screened from that parcel and
any street by topography, structures or new or existing landscaping.
f. Prohibition of development to a more intensive use. A parcel subject to a special events special use
permit shall not be subdivided so as to create one or more parcels, including the parent parcel, of less
than twenty -one acres in size without first amending the special use permit to expressly authorize the
subdivision. If a parcel is so subdivided without first amending the special use permit, special events
shall thereafter be prohibited on the resulting parcels unless a new special use permit is obtained.
(Ord. 05- 18(8), 7- 13 -05)
1111
Draft: 02/17/12
Sec. 5.1.44 Farm worker housing
Each farm worker housing facility shall be subject to the following:
a. Concept plan to be submitted with application for farm worker housing. Before applying for the first
building permit for a farm worker housing, Class A, facility, or in addition to any other information
required to be submitted for a farm worker housing, Class B, special use permit, the applicant shall
submit a concept plan meeting the requirements of section 5.1.44(b).
b. Contents of concept plan. The concept plan shall show the following: (i) the boundary lines of the farm
(may be shown on an inset map if necessary); (ii) the location and general layout of the proposed
structures at a scale of not more than one (1) inch equals forty (40) feet; (iii) vehicular access,
travelways and parking for the facility; (iv) topography (with a contour interval of no greater than ten
(10) feet); (v) critical slopes; (vi) streams, stream buffers and floodplains; (vii) source(s) of water for
fire suppression; (viii) building setback lines as provided in subsection 5.1.44(g) below; and (ix) outdoor
lighting. The concept plan also shall include a written description of each structure's construction and
materials used, and the number of persons to be housed in the farm worker housing facility.
Notice of receipt of concept plan to abutting owners. The zoning administrator shall send notice of the
receipt of a concept plan as follows:
Farm worker housing, Class A, facility: For each concept plan received for a farm worker
housing, Class A, facility, the zoning administrator shall send notice to the owner of each lot
abutting the parcel for which a concept plan has been received within ten (10) days after
submittal of the concept plan deemed by the zoning administrator to be complete. The notice
shall include a copy of the concept plan and shall advise each recipient of the right to submit
written comments within ten (10) days of the date of the notice and the right to request planning
commission review as provided in section 5.1.44(d). Notice mailed to the abutting owner shall
be mailed to the last known address of the owner, and mailing the notice to the address shown
on the current real estate tax assessment records of the county shall be deemed compliance with
this requirement. The failure of an abutting owner to receive the notice required by this section
shall not affect the validity of an approved concept plan or zoning eamplianee clearance.
2. Farm worker housing, Class B, facility: For each concept plan received for a farm worker
housing, Class B, facility, notice to the owner of each lot abutting the parcel for which a concept
plan has been received shall be provided in conjunction with the notice required for the special
use permit.
..
ed. Review and action on concept plan. A concept plan shall be reviewed and acted upon as follows:
Farm worker housing, Class A, facility. For a farm worker housing, Class A, facility, the
concept plan shall be approved by the zoning administrator , as the
ease may be5 before any building permit is issued for the facility. The concept plan shall be
approved by the zoning administrator ^r the ,,,.ri,m i if it satisfies all applicable
11
ed. Review and action on concept plan. A concept plan shall be reviewed and acted upon as follows:
Farm worker housing, Class A, facility. For a farm worker housing, Class A, facility, the
concept plan shall be approved by the zoning administrator , as the
ease may be5 before any building permit is issued for the facility. The concept plan shall be
approved by the zoning administrator ^r the ,,,.ri,m i if it satisfies all applicable
11
Draft: 02/17/12
requirements of the , or-di anee .-ad the design is deteFFAinea to not be . 4 staff is
this chapter. , the zoning
r-eeommeadations of the zoning administfa4or-, the dir-eetor- of planning and other- offieials. in
r-&view of the appliea4ioa.
2. Farm worker housing, Class B, facility. For a farm worker housing, Class B, facility, the
concept plan shall be reviewed and acted upon in conjunction with the special use permit.
fe. Farm worker housing facilities; permissible structures. Farm worker housing facilities shall not use
motor vehicles or major recreational equipment, as that term is defined in section 4.12.3(b)(1) of this
chapter, to provide for sleeping, eating, food preparation, or sanitation (bathing and /or toilets).
gf. Minimum yards. Notwithstanding any other provision of this chapter, the minimum front yard shall be
seventy -five (75) feet. The minimum side and rear yards shall be fifty (50) feet. All yards shall be
measured from the farm worker housing structures.
hg. Zoning eentphanee clearance. The owner shall obtain a zoning ewe clearance from the zoning
administrator as provided in section 31.2.3.2 31.5 of this chapter before a farm worker housing facility
is occupied, subject to the following additional requirements:
The applicant shall apply for a zoning ewe clearance at least thirty (30) days prior to the
first expected occupation of the farm worker housing facility. The application shall be
submitted to the zoning administrator.
2. The zoning eemplianee clearance application shall include all of the following information:
a. Written approval of the farm worker housing facility as a migrant labor camp under 12
VAC 5- 501 -10 et seq., the food preparation area, the private water supply, and the
onsite sewage system by the Virginia Department of Health.
b. Approval of the access to the site from a public street by the Virginia Department of
Transportation; provided that nothing herein shall be deemed to require that a
commercial entrance be constructed unless such an entrance is required by the Virginia
Department of Transportation.
Written approval of the adequacy of the access to the site for emergency vehicles by the
fire marshal.
d. Written approval of the adequacy of the structures intended for human habitation by the
building official.
Upon the zoning administrator's determination that all requirements of the zoning ordinance are
satisfied, that all conditions of the special use permit authorizing a farm worker housing, Class
B, facility, are satisfied, and upon receipt of the approvals and documents required in section
5.1.44(hg)(2), the zoning administrator shall issue a zoning clearance for the
facility.
i;h. Use of farm worker housing facility by workers and their families only. A farm worker housing facility
shall be occupied only by persons employed to work on the farm on which the structures are located for
seasonal agriculture work and their immediate families as provided herein. For p=oses of this section
12
Draft: 02/17/12
5.1.44, the term "immediate families" means the natural or legally defined off - spring, grandchild
grandparent, or parent of the farm worker.
ji. Use of farm worker housing facility when not occupied. When not occupied by seasonal farm workers,
farm worker housing facilities may be used for any use accessory to a primary agriculture use.
(Ord. 06- 18(2), 12- 13 -06)
Article III. District Regulations
Sec. 10.5.2 Where permitted by special use permit
10- 3 -2. 1 The board of supervisors may atAhef4e the isst+ re° e issue a special use permit for more lots than the
total number permitted under sections 10.3.1 and seetien 10.3.2; provided that no such permit shall be issued for
property within the boundaries for the watershed of any public water
supply reservoir, and further provided that no such permit shall be issued to allow more development lots within
a proposed rural preservation development than that permitted by right under section 10.3.3.3(b). (Added l 1 -8-
89; Amended 5 -5 -04 effective 7 -1 -04)
The board of supervisors shall determine that such division is compatible with the neighborhood as set forth in
section 31..4.4 31.6.1 of this chapter,, with "' to consideration of the goals and objectives of the
comprehensive plan relating to rural areas including the type of division proposed and,, specifically, as to this
°my, with rye consideration of the following: (Amended 11 -8 -89)
The size, shape, topography and existing vegetation of the property in relation to its suitability for
agricultural or forestal production as evaluated by the United States Department of Agriculture Soil
Natural Resources Conservation Service or the Virginia Department of Forestry.
2. The actual suitability of the soil for agricultural or forestal production as the same she is shown on
the most recent published maps of the United States Department of Agriculture Soil Natural Resources
Conservation Service or other source deemed of equivalent reliability by the SeA Natural Resources
Conservation Service.
The historic commercial agricultural or forestal uses of the property since 1950, to the extent that is
reasonably available.
4. If located in an agricultural or forestal area, the probable effect of the proposed development on the
character of the area. For the purposes of this section, a property shall be deemed to be in an
agricultural or forestal area if fifty (50) percent or more of the land within one (1) mile of the border of
such property has been in commercial agricultural or forestal use within five (5) years of the date of the
application for special use permit. In making this determination, mountain ridges, major streams and
other physical barriers which detract from the cohesiveness of an area shall be considered.
5. The relationship of the property in regard to developed rural areas. For the purposes of this section, a
property shall be deemed to be located in a developed rural area if fifty (50) percent or more of the land
within one (1) mile of the boundary of such property was in parcels of record of five (5) acres or less on
the adoption date of this ordinance. In making this determination, mountain ridges, major streams and
other physical barriers which detract from the cohesiveness of an area shall be considered.
6. The relationship of the proposed development to existing and proposed population centers, services and
employment centers. A property within areas described below shall be deemed in proximity to the area
or use described:
13
Draft: 02/17/12
a. Within one mile roadway distance of the urban area boundary as described in the
comprehensive plan; (Amended 11 -8 -89)
b. Within one -half mile roadway distance of a community boundary as described in the
comprehensive plan; (Amended 11 -8 -89)
C. Within one -half mile roadway distance of a village as described in the comprehensive plan.
(Amended 11 -8 -89)
7. The probable effect of the proposed development on capital improvements programming in regard to
increased provision of services.
8. The traffic generated from the proposed development would not, in the opinion of the Virginia
Department of Transportation: (Amended 11 -8 -89)
a. Occasion the need for road improvement;
b. Cause a tolerable road to become a nontolerable road;
C. Increase traffic on an existing nontolerable road.
MMI
Ur 111, 1011
.�:see�errirs �sr�:sr.�r�e�s:re:�E�a�:
elonstmetion phase of any development;
i .
d. The
dr-ain
field to
proximity of any paved (pe
' 'Fvieus) area, straletufle,
or-
any
>
> the
pr-oximity of any disturbed °
fl. The per-eentage and length of all slopes subjeet to distur-banee dufiag elanstruetion or- upon
after- deve opmer..
h. The degree to w-hieh original topography of vegetative sever- ha-ve been altered in antileipation E)
filing for- any peffnit her-etmder-;
E The ex4epA to whileh the sta-Hdar-lds of Chapter- 17 et seq. of the Code of Albemafle ean only
14
Draft: 02/17/12
(§ 20- 10.5.2.1, 12- 10 -80; 11 -8 -89; §18- 10.5.2.1, Ord. 98 -A(1), 8 -5 -98; Ord. 04- 18(1), 5 -5 -04 effective 7 -1 -04)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance 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
Ave Nay
Mr. Boyd
Mr. Dumler
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
W,
Clerk, Board of County Supervisors