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Home My WebLink AboutZTA201200005 Executive Summary Zoning Text Amendment 2012-04-24COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing for ZTA 2012- 005 Rural Areas District Transient Lodging (Bed and Breakfast Use) SUBJECT /PROPOSAL /REQUEST: Zoning Text Amendment to Amend the Regulations Pertaining to Tourist Lodging within the Rural Areas Zoning District STAFF CONTACT(S): McCulley, MacCall, Cilimberg and Kamptner AGENDA DATE: April 24, 2012 ACTION: X INFORMATION: ATTACHMENTS: Yes BACKGROUND: Tourist lodging is currently allowed only as an accessory use to a single - family dwelling (actually used as such) in the Rural Areas district, Village Residential and every Residential zoning district. Up to five (5) rooms are available for transient lodging through an accessory tourist lodging use. Inns are permitted to have six (6) or more rooms, but only through a special use permit within an historic landmark. Because the current amendment changes the tourist lodging regulations only in the Rural Areas district, we have created the new term "bed and breakfast" to address this use for this district. On March 20th, the Commission adopted the resolution of intent for this ordinance amendment (Attachment A). This ordinance amendment provides increased flexibility in the provision of transient lodging in the Rural Areas zoning district. In our work with the Rural Areas portion of the Comprehensive Plan review, we heard that the current regulations are overly restrictive as compared to other localities and that they do not adequately serve our rural economy. As an illustration of the impact on agribusiness, farm wineries cited examples where despite having appropriate accommodations, they could not qualify under the current regulations to provide lodging onsite for the bridal party. The proposed ordinance establishes necessary submittal information because the proposed regulations will be somewhat more complex to administer than the current ordinance. It also clarifies several terms and codifies existing practice. The existing regulations for tourist lodging will continue to apply in the Village Residential and other Residential zoning districts. We can revisit this if necessary in the future. DISCUSSION: The purpose of this amendment is to remove two existing restrictions on tourist lodging without expanding the scale of the use. Additional review for the provision of transient lodging through inns (which typically allow more than five rooms), is part of the continuing Comprehensive Plan work underway. The following table provides a comparison of existing and proposed regulations Existing Regulations Proposed Regulations Tourist LodWnq Bed and Breakfast # Rooms Allowed 5 5 Occupancy of structures used Must be within single - family structure Owner or manager shall reside on that is used as someone's (owner's or the parcel manager's) residence Structures for transient lodging Must be within a single - family structure May be within any approved* structure for the use *(Building Code, Fire Code and Health Department approvals apply) Page 2 ZTA 2012 -05 Transient Lodging in the Rural Areas Planning Commission Public Hearing April 24, 2012 The proposed ordinance amendment will allow rooms for transient lodging to be located in structures such as barns and guest houses. All structures providing transient lodging must comply with the requirements of the Building Code, Fire Code and Health Department. These requirements include egress standards, the installation of smoke detectors and other health and safety standards. RECOMMENDATIONS: Adoption of the draft ordinance amendment (Attachment B). ATTACHMENTS Attachment A — Report and Resolution of Intent, Transient Lodging in RA Attachment B — Draft Ordinance Amendment RESOLUTION OF INTENT WHEREAS, tourist lodging is a use classification allowed in the Rural Areas, Village Residential and the residential zoning districts under the Albemarle County Zoning Ordinance; and WHEREAS, tourist lodging can be connected to and support agribusiness and agritourism in the Rural Areas; and WHEREAS, tourist lodging can be a valuable use of an historic structure, allowing income to be generated that, in turn, allows the structure to be preserved; and WHEREAS, in order to allow more opportunities to provide tourist lodging, it may be desirable to amend or eliminate the requirements that tourist lodging structures be occupied and used as a residence and that all of the rooms available for transient lodging be within single family residences. NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a resolution of intent to consider amending Albemarle County Code §§ 3. 1, Definitions, 5.1.17, Tourist Lodging, and any other sections of the Zoning Ordinance deemed to be appropriate to achieve the purposes described herein; and BE IT FURTHER RESOLVED THAT the Planning Commission will hold a public hearing on the zoning text amendment proposed pursuant to this resolution of intent, and make its recommendations to the Board of Supervisors at the earliest possible date. Draft: 04/16/12 ORDINANCE NO. 12 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE 1, GENERAL PROVISIONS, ARTICLE 11, 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. 4.12.6 Minimum number of required parking spaces for scheduled uses Sec. 5.1.17 Tourist lodging Sec. 10.2.1 By right By Adding: Sec. 5.1.48 Bed and breakfast Chapter 18. Zoning Article I. General Provisions See. 3.1 Definitions Bed and Breakfast: A use composed of transient lodging provided within a single family dwelling and one or more structures that are accessory to the single family dwelling, having not more than five (5) guest rooms in the aggregate, and which also may include rooms for dining for overnight guests or other transient guests and for meetings for private parties that are accessory to the bed and breakfast use. Boarding House: A use composed of a building arranged or used for lodging for thirty (301 consecutive days or longer, with or without meals, for compensation. Hotel: A use composed of transient lodging provided within one or more buildings eefftaining having six (6) or more guest rooms ' , are °a faF sleeping p es by g ° ° *° that provides transient lodging. Tourist Lodging: One °r more Fe ms A use composed of transient lodging provided within a single family dwelling having not more than five (5) guest rooms, where the single family dwelling is actually used as such, .e and the guest rooms are used seeen ar-ily to sue secondary Draft: 04/16/12 to the single - family use , whether or not such the rooms are used in conjunction with other portions of such the dwelling. Transient Lodging: Lodging in which guest rooms are occupied for less than thirty (30) consecutive days. (§ 20 -3.1, 12- 10 -80, 7 -1 -81, 12- 16 -81, 2- 10 -82, 6 -2 -82, 1 -1 -83, 7 -6 -83, 11 -7 -84, 7- 17 -85, 3 -5 -86, 1 -1 -87, 6 -10- 87, 12 -2 -87, 7- 20 -88, 12 -7 -88, 11 -1 -89, 6- 10 -92, 7 -8 -92, 9- 15 -93, 8- 10 -94, 10- 11 -95, 11- 15 -95, 10 -9 -96, 12 -10- 97; § 18 -3.1, Ord. 98 -A(1), 8 -5 -98; Ord. 01- 18(6), 10 -3 -01; Ord. 01- 18(9), 10- 17 -01; Ord. 02- 18(2), 2 -6 -02; Ord. 02- 18(5), 7 -3 -02; Ord. 02- 18(7), 10 -9 -02; Ord. 03- 18(1), 2 -5 -03; Ord. 03- 18(2), 3- 19 -03; Ord. 04- 18(2), 10 -13- 04; 05- 18(2), 2 -2 -05; Ord. 05- 18(7), 6 -8 -05; Ord. 05- 18(8), 7- 13 -05; Ord. 06- 18(2), 12- 13 -06; Ord. 07- 18(1), 7- 11-07; Ord. 07- 18(2), 10 -3 -07; Ord. 08- 18(3), 6- 11 -08; Ord. 08- 18(4), 6- 11 -08; Ord. 08- 18(6), 11- 12 -08; Ord. 08- 18(7), 11- 12 -08; Ord. 09- 18(3), 7 -1 -09; Ord. 09- 18(5), 7 -1 -09; 09- 18(8), 8 -5 -09; Ord. 09- 18(9), 10- 14 -09; Ord. 09- 18(10), 12 -2 -09; Ord. 09- 18(11), 12- 10 -09; Ord. 10- 18(3), 5 -5 -10; Ord. 10- 18(4), 5 -5 -10; Ord. 10- 18(5), 5 -12- 10; Ord. 11- 18(1), 1- 12 -11; Ord. 11- 18(5), 6 -1 -11; Ord. 11- 18(6), 6 -1 -11) Article II. Basic Regulations Sec. 4.12.6 Minimum number of required parking spaces for scheduled uses Except when alternative parking is approved as provided in section 4.12.8, the following schedule shall apply to determine the number of required off - street parking spaces to be provided in a particular situation. If a particular use is not scheduled, then section 4.12.7 shall apply. Bed and breakfast: One (1) space per guest room in addition to the narking required for a single family dwelling. Hotel, motel: One (1) space per un}t west room; additional spaces shall be required for restaurants, assembly rooms, and other separate uses identified herein. (Amended 2 -5 -03) Tourist lodging: One (1) space per upAt guest room in addition to the parking required for a single family dwelling. (Amended 2 -5 -03) (§ 4.12.6.6.2, 12- 10 -80; 3- 18 -81; 7- 20 -88; 12 -5 -90; 2 -6 -02; Ord. 03- 18(1), 2 -5 -03; Ord. 05- 18(8), 7- 13 -05) Sec. 5.1.17 Tourist lodging The zoning adnainistfater- shall issue . - aphanee elear-anee for- toiffist lodging provided that the Albemafle Geu*ty fire effieial and the Vi D 44 of 14ealth issue theif appfevals for- the use, a-ad a4 ethef appheable fv ° salts fi_ Before the zoning administrator approves a zoning clearance for a tourist lodging use under section 31.5, the owner of the parcel shall obtain approvals of the use 2 Draft: 04/16/12 from the fire official and the Virginia Department of Health. and shall satisfv all other applicable reauirements of this chapter. (Amended 10 -3 -01) (§ 5.1.17, 12- 10 -80; Ord. 01- 18(6), 10 -3 -01) Sec. 5.1.48 Bed and breakfast Each bed and breakfast shall be subject to the following: a. Residency. The owner of the parcel or a manager of the bed and breakfast shall reside on the parcel. b. Number of bed and breakfast uses. Any parcel may have up to two (2) bed and breakfast uses, provided that the permitted density is maintained. C. Minimum yards. Any accessory structure used for a bed and breakfast use shall comply either with the applicable minimum acquirements for a primary structure or a lesser yard approved by the zoning administrator that is not less than the minimum yard required for an accessory structure that would otherwise be applicable, if the zoning administrator finds that: (i) the distance between the accessory structure and the closest primary structure on the closest abutting parcel is greater than the applicable minimum yard requirement for a primary structure; and (ii) written consent has been provided by the owner of the abutting lot consenting to the alternative minimum yard. The minimum yard for any parking area shall be twenty -five (251 feet. d. Parking. In addition to the parking required for a single family dwelling, the number of off - street parking spaces required by section 4.12.6 shall be provided. e. Information and sketch plan to be submitted with request for zoning clearance. The owner of the parcel or a manager of the bed and breakfast shall submit the following to the zoning administrator with each request for a zoning clearance under section 31.5: 1. Information. Information pertaining to the following: (i) the proposed use; (ii) the maximum number of guest rooms; (iii) the provision of on -site parking; and (iv) the location, height and lumens of outdoor lighting. 2. Sketch plan. A sketch plan, which shall be a schematic drawing of the premises with notes in a form and of a scale approved by the zoning administrator depicting: (i) all structures that would be used for the bed and breakfast; (ii) the locations of all guest rooms; and (iii) how access, on- site parking, outdoor lighting, signage and minimum yards will be provided ins ompliance with this chapter. f. Building code, fire and health approvals. Before the zoning administrator approves a zoning clearance under section 31.5. the owner of the parcel or a manager of the bed and breakfast shall obtain approval of the use from the building official, the fire official, and the Virginia Department of Health. g. Uses prohibited. Restaurants are prohibited as a use accessory to a bed and breakfast use. Article III. District Regulations Sec. 10.2.1 By right Draft: 04/16/12 The following uses shall be permitted by right in the RA district, subject to the applicable requirements of this chapter: 14. Toufist lodging (reference5.1.17) Bed and breakfast (reference 5.1.481. (§ 20- 10.2.1, 12- 10 -80; 12- 16 -81; 7 -6 -83; 11 -1 -89; 11 -8 -89; 11- 11 -92; 5- 12 -93; Ord. 95- 20(5), 11- 15 -95; Ord. 98 -A(1), § 18- 10.2.1, 8 -5 -98; Ord. 02- 18(6), 10 -9 -02; Ord 04- 18(2), 10- 13 -04; Ord. 06- 18(2), 12- 13 -06; Ord. 08- 18(7), 11- 12 -08; Ord. 09- 18(11), 12- 10 -09; Ord. 10-18(3),5-5-10; Ord. 10-18(4),5-5-10; Ord. 11- 18(1), 1- 12 -11) 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. Snow Mr. Thomas 4 Clerk, Board of County Supervisors