HomeMy WebLinkAboutZTA201200002 Legacy Document 2012-04-17COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
MEMORANDUM
TO: File
FROM: Glenn Brooks, County Engineer
DATE: April 2, 2012
RE: ZTA201200002 & STA201200001 Water /Sewer Regulations
The Albemarle County Planning Commission, at its meeting on March 20, 2012, by a vote of 7:0,
recommended approval of the above -noted Zoning Text Amendment & Subdivision Text Amendment to
the Board of Supervisors.
The Board is scheduled to hold a public hearing on this item at its May 2nd meeting.
ZTA- 2012 -00002 Water /Sewer Regulations — Recommended Revisions to Zoning Ordinance
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
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
Water supplies and sewer
Alternative onsite sewaae 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.
Conventional onsite sewaae 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 aravity
distributed subsurface drainfield.
Critical slopes: Slopes of twenty -five (25) percent or greater as determined by reference to either curren
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: Anv device or system used in the storaae. treatment. disposal or reclamation of sewaae
or combinations of sewaae and industrial wastes, including but not limited to pumpina, power and other
..pment 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 II. Basic Regulations
Sec. 4.1 ^Yea and health regulatinnc rel ;itpd to utilities Water supplies and sewer systems
(Amended 6 -3 -81)
The felle\ 'Rg regulatieno shall apply to all d'str*GtS: shall not apply to the following situations and
It IS SpeGifiGally intended that the pub!'G water supply and pLjb!'G sewerage systern be utilized within the
serviGe areas ef the Albernarle County ServiGe Authority. Within SUGh serviGe areas, previs . ns of seGtion
6.0 and oth— ....... f seGt'c)n 4.1 notwithstanding, ne building permit shall be issued fer any building
or structure, including moble homes, the use of which requires increased water consumption and/or
sewage disposal, unless the building or structure shall be provided with public water and/or public
sewerage system service. This norms mctonnes: requirement, however,
thereof, a. Whenever a structure is damaged as a result of factors beyond the control of the owner and/or
OGGUpant and/or reGonstwGtion shall be GornmenGed within twelve (12) months and Gernpleted within tweRty
four (24) months from the date Of SUGh SUGh strUGture Fnay be repaired and/or reGonstrUGted provided that SUGh repai
damage; and provided further that SUGh strUGture shall Ret be
demand; er
-b. The d-.'reGtor of planning and GGI`nrnunity development On Gensultation with the Albemarle Geunty
ServiGe Authority finds that the GGSt Of GonneGting the proposed development te the pub!'G watef
—R.A.diler sewerage system, exGlusive Of GonneGtion fees, eXGeeds the Gost of installing an en Site well
and /or septic system• or
c. The director of planning and community develo ment On consultation with the Albemarle Count!�
Service Authority fonds that the capacity of the public water and/or sewerage systern to
serve the proposed development
EXGept for (a) ----QQt�\\ above, the foregoing provisions shall not provide relief from §§ 4.1.1 threugh 4.1.7. (Added
ii 3 96)
T
4.1.1 Fer a parc;e! served by beth a Gentral water supply and a Gentral sewer System, the minimum
area requirements of the'dictrist in which s,,nh parnel is Ipnate'd shall apply
4.1.2 For a parcel served by either a central water supply or a central sewer systern, there shall be
provided a minimurn area of forty thousand (40,000) square feet per commercial or
establishment or per dwelling unit as the nose may b
4.1.3 For a parcel served by neither a central water supply nor a ceRtral sewer systern, there shall
be provided a minimum of sixty thousand (60,000) square feet per GOFArnerGoal or industrial
establishment or per dwelling unit as the race may be
4.1.4 The prevismens of seGtions 4.1.2 and 4.1.3 notwithstanding, in SUGh Gases where a greater
a is required by the regulations of the distriGt on whiGh the parGe! 06 IOGated, Said
distrint regulations shall apply,
4.1.5 in the case of unusual som! conditions or other physical factors which may impair the health
and safety of the neighborhood, upon the recommendation of the Virginia Department o
Health, the commission may increase the area requirements for uses utilizing other than —a
public sewer system
4.1.6 For lots not served by a Gentral sewer system, no building permit shall be issued for any
building or struGture, the use Of WhiGh invelves sewage disposal, without written approval
from the IOGal OffiGe of the Virginia Department of Health ef the IGGation and area for both
eriginal and future replaGernent septiG disposal fields adequate to serve SUGh use. For
resideRtial usage, at a minimum, eaGh septiG dispesal field shall Gonsist ef suitable soils of
adequate area to aGGE)Mmodate sewage disposal from a three (3) bedreom dwelling as
determined by current regulations of the Virginia Department of Health. (Amended 11 -1 5-89�
4.1,
septic field locations on such lot are determined to be inadequate by the local office of the
Virrrin'a Department of Health (Added 6-3-81)
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 "), each development and each lot shall be served by the public water supply and
the public sewer system. Within the service areas, no building permit shall be issued for any
structure if its use requires 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. Existina structure damaged. When an existing structure is damaged as a result of factors
evond 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 (121
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 supply 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 instaUngm on -site well
and /or an onsite sewage system.
3. Capacity of public 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. Nonconformina 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 supply and sewer system when development or lot not connected to the public water
supply 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
1. Lots served by an alternative onsite sewage system. On any lot served by an alternative
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.
2. Lots served by a conventional onsite sewaae 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 oriainal and a replacement subsurface
drainfield that is adequate to serve the use. For residential uses, each subsurface
rainfield shall have suitable soils of adequate area to accommodate sewage disposal
from a three (3) bedroom dwelling as determined by the current reaulations of the Virginia
Department of Health. e e
Sec. 4.2 Critical slopes
These provisions in this section through section 4.2.5 °r° ^re�+eli +^ implement the comprehensive plan
by protecting and conserving steep hillsides together with public drinking water supplies and flood plain
areas and iR reee ^r .tip^ of because of the increased potential for soil erosion, sedimentation, water
pollution and ° ° ^+ drspesal sewage disposal problems associated with the development disturbance of
those areas rJesorihelf in the oom^reheosive plan as critical slopes. it is hereby re^000ized that such
de„elopmeY + ^' 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 septiG systern 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. Th °O° proviso ^ ° The regulations in sections 4.2.1. 4.2.2. 4.2.3 and 4.2.4 are intended to direct
building and septiG system 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)
Whpre MA-diferVatieR of regulatiGRG 06 SGUght PUFSUaRt te serm.e.e.n. 4.2.5, SUGh request shall address P--;;P-.h
per, ^err, speGified On section 4.2. Each request to waive or modify any requirement of sections 4.2.1.
4.2.2, 4.2.3 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 or parcel shall have less than one (1) building site, subject to the following:.
a. Composition of buildina 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 exercisina its discretion as authorized
in chanter 17. Fn�e°°° �e�rthe "h� iirlir,° �, + °» shall rnean /�entiguo is ,r
[20] feet) gr se, 1rr---e determined by the GGYnty engineer to be of
accuracy, exclusive of:
b. Special exception. Notwithstanding section 4.2.5, any requirement 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 sewerage 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)
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) septi^ drain fi subsurface drainfields approved by the Virginia Department of
Health oursuant to s +ion 4.1 of this „h,r, + °r if the lot will be served by a conventional
onsite sewage system. (Amended 11- 15 -89; 10- 17 -01)
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) septi^ drain fi subsurface drainfields approved by the Virginia Department of
Health pursuant +° s °n+i°n 4.1 of this nhapte f if the lot will be served by a conventional
nsite 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)
WdWGatien or waive Special exception. Notwithstanding section 4.2.5 of this ^haptef,
the director of plannin and ^ nity d8 8lGPRgeRt m edif er waive the rectangular
shape required by subsections (1) and (2) 4-, may be waived or modified by special
exception under section 31.8 ,f .,f+ ^r F8G80VORg the r ^AdatiA —A froRq the v,r ^in,.,
Dep rfm8W Gf Health the dir ^..f.,r of plaRRORg Rd GE)MMURity rl 8„8I.,.,.,g8Rt fiR ds U
he board of supervisors' consideration of the recommendation from the Virginia
Department of Health and based on information provided by the developer h win ; 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 sewerage sewage system. Building sites for uses served by a central
sewerage 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)
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)
Sec. 4.2.3 Location of structures and improvements
Except as otherwise permitted pursuant to provided in section 4.2.2, the ^r^Vici^^ this section &haf4
any a Imes 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 d^VRt 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—q,.14a. No structure or improvement shall be located on any lot or panel in any area other than a
building site. (Amended 11- 15 -89)
42 No StrUGtUre or improvement nor e No structure, improvement, or land disturbing
activity to establish such the structure or improvement shall be located on critical slopes
^f f,.,^nf„_f,,,^ (25) r, ^r^ ^n+ ^r create f except as otherwise permitted under sections 4.2.5.
4.2.6 and 4.3.81.
Sec. 4.2.4 Location of cep± ?c syste:::c onsite sewage systems (Amended 11- 11 -87)
In the review for and issuance of a permit for the installation of a-sepfi^ system an onsite sewage system,
the Virginia Department of Health shaf4 hs ould be mindful of the intent of this, section 4.2, and particularly
mindful of the intent to discourage ' ^ ^ ^ +,nn ^f Septic tanks and/or drain f,^Iri& nsite sewage systems on
slopes of twenty (20) percent or greater. SePtiG systern iGGat on shall be restri t + Any onsite sewage
system shall be located within the appKeved 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 _AndJ treaRtmew ,. eFks with
subsu; ice d ds ,menGe section 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:
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.
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) land in slopes of twenty five (25) percent of
der critical sloes; 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.
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 septic disposal s„s+ °m onsite sew aae system that will serve the proposed special
event site, the ability of the water supply and the septic disposal systern onsite sewage
fit_ m 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.
Zoning eeMnlianG clearance. The applicant shall obtain a zoning Gemplia nGe 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 esMplianGe 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 ^^me 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 compliaRGe clearance.
The applicant shall apply for a zoning G8 clearance at least thirty (30) days prior
to the date of the first special event to be authorized by the zoning Esrnp4ianGe 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 G8 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.
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 Een}pfianGe clearance for one or more special events. The validity of the zoning
Eeraplianr -A 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
GE)MpliaRae 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.
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.
Water and sewer. The private water supply and septic disposal systern onsite sewage
ss r 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 of participants. 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).
3. 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.
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)
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 ^^c )Mpl"unnce clearance.
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 or the planning GOMMISSIOn-,
aS the se may be before any building permit is issued for the facility. The concept plan
shall be approved by the zoning administrator °r the ^nmmi^ ^inn if it satisfies all
applicable requirements of the ZE)RORg nrr_in.,nne .,n,- the rye ^inn i^ rye +ermine, +e ne+ he
of iho+nntial detriment +o ab ttinn n eel^ this chapter. In ' n the n on+ rJnn the
nnn ^ideratinn to the rennmmendatinn^ of the zoning administrator the direntnr of
e
evidenne as it deems nenessary for a proper review of the applina +inn
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.
f -. 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.
# .q. Zoning cce clearance. The owner shall obtain a zoning 2 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 GG 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.
The zoning ^ ^"'cvplianGe 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 sePtiG disposal syster" 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.
C. 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(140(2), the zoning administrator shall issue a
zoning cc clearance for the facility.
+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
purposes of this section 5.1.44, the term "immediate families" means the natural or legally defined
ff- spring, grandchild, grandparent, or parent of the farm worker.
ii. 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
10w5 -2T The board of supervisors may authorize the ;ss, -A^^° ^f issue a special use permit for
more lots than the total number permitted under sections 10.3.1 and 68GtiGR 10.3.2; provided that no such
permit shall be issued for property within the boundaries for the watershed of any public drinking water
supply impoundment 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 11 -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 31.2.4.1 31.6.1 of this chapter, with F8f8F8RG8 tG consideration of the goals and objectives
of the comprehensive plan relating to rural areas including the type of division proposed and; specifically,
as to th;cs 9R „"l„ with reference to 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
,9sil 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 shall be is
shown on the most recent published maps of the United States Department of Agriculture '9si4
Natural Resources Conservation Service or other source deemed of equivalent reliability by the
994 Natural Resources Conservation Service.
3. 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:
a. Within one mile roadway distance of the urban area boundary as described in the
comprehensive plan; (Amended 11 -8 -89)
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;
Cause a tolerable road to become a nontolerable road;
C. Increase traffic on an existing nontolerable road.
G. amount of r Inihinh i.gill exist after development;
d. The proximity of any paved (per.i _. ....,_ry ous) area, structure, or drain field to any
or intermittent stream or impoundment; or during the construction phase, the
p rnvi m' +v of any 'st rd rbe area +o any such stream
am or impoundment;
N rd
e. The type and Gharar.teristir-_q- ef sells inGluding suitability for septiG fields and erodability;_[
e
shall evict after development;
The estimated duration an'd timing of the nonstrUn +inn phase of any preposerd
7 'development and extent to whinh suinh 'd-ura +inn and timing are unprerdin +ohle•
h. The degree to which original topography or vegetative cover have been altered in
an+'n'pa +'nn of filing for any permit hereunder;
i The extent to which the standards of Chapter 17 e+ seq. of the Conde of Albemarle can
only he met through the urea +inn of ar +ifinial rdeyines o rd whinh evrines �niill•
i Require perie din inspen +inn and/or m. iAtenanGe•
Are SUSGeptible to failure er everflew fer r, in-eff with any one hundred
year er more intense storm
(§ 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
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd
Mr. Dumler
Ms. Mallek
Mr. Rooker
Mr. Snow
Mr. Thomas
STA- 2012 -00001 Water /Sewer — Recommended Revisions to Subdivision Ordinance
ORDINANCE NO. 12 -14( )
AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, ARTICLE I, GENERAL
PROVISIONS, ARTICLE III, 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 I, General Provisions, Article III, 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, are hereby amended and reordained as follows:
By Amending:
Sec. 14 -106 Definitions
Sec. 14 -309 Soil evaluations
By Amending and Renaming:
Sec. 14 -310 Health director approval of individual private wells and /or septic systems
Sec. 14 -415 Central water supplies and sewerage systems
Sec. 14 -416 Individual private wells and septic systems
Chapter 14. Subdivision of Land
Article I. General Provisions
Sec. 14 -106 Definitions
The following definitions shall apply in the interpretation and enforcement of this chapter:
Alternative onsite sewage system. The term "alternative onsite sewage system' means 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.
Conventional onsite sewage system. The term "conventional onsite sewage system" means a treatment
works approved by the Virginia Department of Health consisting of one or more septic tanks with aravity.
pumped, or siphoned conveyance to a aravity distributed subsurface drainfield.
nsite sewaae system. The term "onsite sewage system" means a conventional onsite sewage system or
an alternative onsite sewage system.
Subsurface drainfield. The term "subsurface drainfield" means a system installed within the soil and
designed to accommodate treated sewage from a treatment works.
Treatment works. The term "treatment works" means 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, bower 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 III. Subdivision Plat Requirements and Documents to be Submitted
Division 2. Documents and Information to be Submitted with Preliminary or Final Plat
Sec. 14 -309 Soil evaluations.
The subdivider shall submit to the agent with each final plat the results of percolation tests or
other methods of soil evaluation used to determine the suitability of the soil for septi„ sySte s with
ee^veinti^^ai drain, fi°ids, Of 68p -.6; subsurface drainfields, if conventional onsite sewage systems
are proposed to be used in the development of the subdivision, and the results are requested by the
agent. These results shall be forwarded by the agent to the health director.
(9 -5 -96, 8- 28 -74; 1988 Code, § 18 -23; Ord. 98 -A(1), 8 -5 -98; Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05)
State law reference - -Va. Code §§ 15.2- 2241(3), 15.2 -2262.
Sec. 14 -310 Health director approval of individual private wells and /or septic SySte onsite
sewage systems.
If required as a condition of final plat approval, a final plat shall not be approved if individual
private wells are proposed for the subdivision until written approval has been received from the health
director by the agent. A final plat shall not be approved if 68ptiG GYGt8 onsite sewage systems are
proposed for the subdivision until written approval has been received from the health director by the
agent provided further that if the subdivision will be served by conventional onsite sewage systems as
fellows:
A. The health director shall determine the suitability of the soil of each lot of the subdivision
for which septiG systerns with a Gonyentionai drain, field conventional onsite sewage systems will be
constructed, and shall submit his opinion to the agent.
B. The health director may require as a condition of his approval of the installation of &8p#G
systems conventional onsite Sewage systems and miha1°i .,
^eeessary fr the ';A+i6fAGtE)r„ iRstally +i.,r, .,f
tlsept+s systems, that individual lots be graded and drained so as to assure the effective removal of
surface water from each lot.
C. Special lots shall not be subject to this section unless the special lot is created for a water
supply or waste disposal purpose.
(Ord. 98 -A(1), 8 -5 -98; Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05; Ord. 11- 14(1), 6 -1 -11)
State law reference --Va. Code §§ 15.2- 2242(2), 15.2 -2262.
Article IV. On -Site Improvements and Design
Division 3. Water, Sewers and Other Improvements
Sec. 14 -415 Central water supplies and sewerage systems.
A subdivision for which public water and /or sanitary sewerage service is not reasonably available
as provided in section 14 -414, and which will have twenty -five (25) or more lots of two (2) acres or less,
may be served by a central water supply or central sewerage system, or both, if authorized by the board
of supervisors under chapter 16 of the Code, as follows:
urru�it
A. A subdivision whose net average lot size Is less than forty thousand (40,000) square f
shall have both a Gentral water systern and a Gentral sewerage systern. A subdivision whose net average
'At 160-78 .06; -h8tW88R feFty theysand (40,000) squaFe feet and sixty theysand r � ' feet,
c;hAll�'c°°t pr Pert�a- watersyste ArFentral sewerage syst '
8A. The design and construction of each central water system and central sewerage system
required by this section shall be approved by the Virginia Department of Health, or its local office, the
Virginia Department of Environmental Quality, and the board of supervisors. Each system shall
complement or supplement existing or proposed county utilities to the extent that the agent finds existing
public utilities to be inadequate.
GB. Neither a central water system nor a central sewerage system shall be required: +) for
feet; Subdivi_sioiR whose net average lot size Is greater than sixty thousand (60,000) square or if the
subdivider establishes to the satisfaction of the county engineer that the soils and parent materials of all
of the lots created for the purpose of transfer of ownership are such that waste disposal methods for the
entire property are satisfactory to the health director, and that no well pollution can occur from the
proposed lot configuration.
PC. No final plat for a subdivision served by a central water system and /or a central sewerage
system shall be approved until the requirements of Chapter 21 of Title 15.2 of the Code of Virginia have
been satisfied.
(9 -5 -96, 8- 28 -74; 1988 Code, § 18 -23; Ord. 98 -A(1), 8 -5 -98, § 14 -517; Ord. 05- 14(1), 4- 20 -05, effective 6-
20-05)
State law reference - -Va. Code § 15.2- 2241(4).
Sec. 14 -416 Individual private wells and
A subdivision for which public water and /or public sewerage service is not reasonably available
as provided in section 14 -414, and for which a central water supply and /or a central sewerage system is
not authorized under section 14 -415, shall be served by individual private wells or se tiG systerns having
nsite sewage systems, or both, and shall meet all requirements of the health
department and be approved by the health director.
(§ 18 -23 (part), 9 -5 -96, 8- 28 -74; § 18 -27, 9 -5 -96, 8- 28 -74; 1988 Code, §§ 18 -23, 18 -27; Ord. 98 -A(1), 8 -5-
98, § 14 -518; Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05)
State law reference - -Va. Code § 15.2- 2241(3).
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
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd
Mr. Dumler
Ms. Mallek
Mr. Rooker
Mr. Snow
Mr. Thomas