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HomeMy WebLinkAboutHO201100152 Legacy Document 2012-04-18 (4)ALBEMARLE COUNTY CODE shall be the distance between the existing permanent structure and the street, road, access easement or lot line on May 5, 2010 and that distance shall not be thereafter reduced. An enlargement or expansion of the structure shall be no closer to a street, road, access easement or lot line than the existing structure. d. Parking. Notwithstanding any provision of section 4.12, the following minimum parking requirements shall apply to a farm stand, farm sales use, and farmers' market: Number of spaces. Each use shall provide one (1) parking space per two hundred (200) square feet of retail area. 2. Location. No parking space shall be located closer than ten (10) feet to any public street right-of-way. Design and improvements. In conjunction with each application for a zoning clearance, the zoning administrator shall identify the applicable parking design and improvements required that are at least the minimum necessary to protect the public health, safety and welfare by providing safe ingress and egress to and from the site, safe vehicular and pedestrian circulation on the site, and the control of dust as deemed appropriate in the context of the use. The zoning administrator shall consult with the county engineer, who shall advise the zoning administrator as to the minimum design and improvements. Compliance with the identified parking design and improvements shall be a condition of approval of the zoning clearance. (§ 5.1.19, 12-10-80; Ord. 01-18(6), 10-3-01; §5.1.35, Ord. 95-20(3), 10-11-95; § 5.1.36, Ord. 95-20(4), 10- 11-95; § 5.1.47, Ord 10-18(4), 5-5-10) 5.2 HOME OCCUPATIONS IN ZONING DISTRICTS OTHER THAN THE RURAL AREAS ZONING DISTRICT Each home occupation authorized in a zoning district other than the rural areas zoning district shall be subject to the following: a. Purpose and intent. The purpose for authorizing home occupations in zoning districts other than the rural areas zoning district is to encourage limited home-based economic development, balanced with the need to protect and preserve the quality and character of the county's residential neighborhoods. The regulations in this section are intended to ensure that authorized home occupations will be compatible with other permitted uses and the residential neighborhood by regulating the scale, hours, external activities, external appearance and other impacts that may arise from a home occupation. b. Location and area occupied by a home occupation. A home occupation shall be located and sized as follows: Class A home occupations. A Class A home occupation shall be conducted entirely within the dwelling unit, provided that not more than twenty-five (25) percent of the gross floor area of the dwelling unit shall be used for the home occupation and further provided that the gross floor area used for the home occupation shall not exceed one thousand five hundred (1500) square feet. 2. Class B home occupations. A Class B home occupation shall be conducted within the dwelling unit or an accessory structure, or both, provided that not more than twenty-five (25) percent of the gross floor area of the dwelling unit shall be used for the home occupation and further provided that the cumulative gross floor area used for the home occupation shall not exceed one thousand five hundred (1500) square feet. 18-5-22.18 Zoning Supplement #65,1-12-11 ALBEMARLE COUNTY CODE C. Exterior appearance. The exterior appearance of a parcel with a home occupation shall be subject to the following: Class A home occupations. There shall be no change in the exterior appearance of a dwelling unit or other visible evidence of the conduct of a Class A home occupation. 2. Class B home occupations. There shall be no change in the exterior appearance of a dwelling unit or other visible evidence of the conduct of a Class B home occupation, except that one home occupation sign may be erected as authorized by section 4.15. Accessory structures shall be similar in fagade to a single-family dwelling, private garage, shed, barn or other structure normally expected in a residential area and shall be specifically compatible in design and scale with other residential development in the area in which it is located. Any accessory structure that does not conform to the applicable setback and yard requirements for primary structures shall not be used for a home occupation. d. Sales. No home occupation shall sell goods to a customer who comes to the site except for goods that are hand-crafted on-site and goods sold that are directly related to a beauty shop or a one -chair barber shop home occupation. e. Traffic generated by a home occupation. The traffic generated by a home occupation shall not exceed the volume that would normally be expected by a dwelling unit in a residential neighborhood. f. Parking. All vehicles used in a home occupation and all vehicles of employees, customers, clients or students shall be parked on-site. g. Performance standards. All home occupations shall comply with the performance standards in section 4.14. h. Prohibited home occupations. The following uses are prohibited as home occupations: (1) tourist lodging; (2) nursing homes; (3) nursery schools; (4) day care centers; and (5) private schools. i. Zoning clearance required. No home occupation shall commence without a zoning clearance issued under section 31.5, subject to the following: Class A home occupations. Prior to the zoning administrator issuing a zoning clearance for a Class A home occupation, the applicant shall sign an affidavit affirming his understanding of the requirements of section 5.2. 2. Class B home occupations. Prior to the zoning administrator issuing a zoning clearance for a Class B home occupation: (a) there shall be a valid special use permit for the Class B home occupation; (b) the applicant shall provide the zoning administrator evidence that the Virginia Department of Transportation has approved the entrance to the site; and (c) the applicant shall sign an affidavit affirming his understanding of the requirements of section 5.2. (§ 20-5.2, 12-10-80; § 5.2.1, 12-10-80, 3-18-81; § 20-5.2.2, 12-10-80; §18-5.2.2, Ord. 98-A91), 8-5-98; Ord. 01-18(3), 5-9-01; Ord. 11-18(1), 1-12-11) 5.2A HOME OCCUPATIONS IN THE RURAL AREAS ZONING DISTRICT Each home occupation authorized in the rural areas zoning district shall be subject to the following: a. Purpose and intent. The purpose for authorizing home occupations in the rural areas zoning district is to encourage limited home-based economic development, balanced with the need to protect and preserve the quality and character of the county's agricultural areas and residential 18-5-22.19 Zoning Supplement #65,1-12-11 ALBEMARLE COUNTY CODE neighborhoods in the rural areas zoning district. The regulations in this section are intended to ensure that authorized home occupations will be compatible with other permitted uses, the agricultural areas, and the residential neighborhoods by regulating the scale, hours, external activities, external appearance and other impacts that may arise from a home occupation. b. Location and area occupied by a home occupation. A home occupation shall be located and sized as follows: Major home occupations. A major home occupation shall be conducted within the dwelling unit or accessory structures, or both, provided that not more than twenty-five (25) percent of the gross floor area of the dwelling unit shall be used for the home occupation and further provided that the cumulative area used for the home occupation, including the gross floor area within the dwelling unit or any accessory structure and the area used for outdoor storage as provided in section 5.2A(g), shall not exceed one thousand five hundred (1500) square feet. Plants that are planted in the ground that are to be used for a major home occupation do not count toward the one thousand five hundred (1500) square feet limitation. 2. Minor home occupations. A minor home occupation shall be conducted entirely within the dwelling unit, provided that not more than twenty-five (25) percent of the gross floor area of the dwelling unit shall be used for the home occupation and fiirther provided that the gross floor area used for the home occupation shall not exceed one thousand five hundred (1500) square feet. C. Exterior appearance. The exterior appearance of a parcel with a home occupation shall be subject to the following: Major home occupations. There shall be no change in the exterior appearance of a dwelling unit or other visible evidence of the conduct of a major home occupation, except that one home occupation sign may be erected as authorized by section 4.15. Accessory structures shall be similar in fagade to a single-family dwelling, private garage, shed, barn or other structure normally expected in a residential area and shall be specifically compatible in design and scale with other residential development in the area in which it is located. Any accessory structure that does not conform to the applicable setback and yard requirements for primary structures shall not be used for a home occupation. 2, Minor home occupations. There shall be no change in the exterior appearance of a dwelling unit or other visible evidence of the conduct of a minor home occupation. d. Visitors and sales. Visitors and sales related to a home occupation shall be subject to the following: Major home occupations. Customers, clients and students may visit a major home occupation. The sale of goods by the major home occupation to a customer who comes to the site is prohibited except for goods that are hand-crafted on-site and accessory goods that are directly related to a major home occupation, including but not limited to tools for pottery making and frames for artwork. 2. Minor home occupations. No customers, clients or students may visit a minor home occupation for a purpose related to the home occupation. The sale of goods or the provision of services by the minor home occupation to a customer, client or student at the site is prohibited. e. Traffic generated by a major home occupation. The traffic generated by a major home occupation shall not exceed ten (10) vehicle round trips per day or more than thirty (30) vehicle round trips 18-5-22.20 Zoning Supplement #65,1-12-11 ALBEMARLE COUNTY CODE per week. For the purposes of this section, a "vehicle round trip" means one vehicle entering and exiting the site. f. Parking. All vehicles used in a home occupation and all vehicles of employees, customers, clients or students related to a major home occupation shall be parked on-site. g. Outdoor storage. The storage of goods, products, equipment other than vehicles used in a home occupation, or any materials associated with a home occupation, other than natural landscaping materials such as mulch and plants, outside of an enclosed structure is prohibited. h. Days and hours of operation for major home occupations. Major home occupations may operate up to six (6) days per week and the hours of operation shall be between 7:00 a.m. and 8:00 p.m. for those home occupations that have employees, customers, clients or students visiting the site. i. Number of vehicles used in a home occupation. The number of vehicles that may be used in a home occupation that are parked or stored on-site shall not exceed two (2) motor vehicles and two (2) trailers. j. Number of home occupations. More than one home occupation is permitted on a parcel, provided that the area occupied and the traffic generated by the home occupations shall be considered cumulatively and all requirements of this section shall apply. k. Performance standards. All home occupations shall comply with the performance standards in section 4.14. Prohibited home occupations. The following uses are prohibited as home occupations: (1) any use requiring a special use permit under section 10.2.2; (2) animal rescue centers; (3) automobile graveyards; (4) restaurants; (5) storage yards; (6) gun sales, unless the guns are made on-site by one or more family members residing within the dwelling unit; (7) on-site pet grooming; (8) body shops; (9) equipment, trailers, vehicles or machinery rentals; (10) shooting ranges; (11) commercial stables; (12) rummage or garage sales other than those determined by the zoning administrator to be occasional; (13) veterinary clinics or hospitals; (14) pyrotechnic (fireworks or bomb) device manufacturing or sales; and (15) any other use not expressly listed that is determined by the zoning administrator to be contrary to the purpose and intent of section 5.2A. in. Waivers and modifications. The waiver or modification of any requirement of section 5.2A is prohibited except as provided herein: Area. The area requirements in section 5.2A(b) may be waived or modified, provided that the waiver or modification shall not authorize the home occupation to occupy more than forty-nine (49) percent of the gross floor area of the dwelling. In granting a waiver or modification of the area requirement, the commission shall make the following findings in addition to those findings in section 5.1: (1) the nature of the home occupation requires storage or additional space within the dwelling unit to conduct the home occupation; (2) the primary use of the dwelling unit as a residence is maintained; and (3) the waiver or modification would not change the character of the neighboring agricultural area or the residential neighborhood. 2. Traffic. The traffic limitation in section 5.2A(e) may be waived or modified. In granting a waiver or modification of the traffic limitation, the commission shall find, in addition to those findings in section 5. 1, that the waiver or modification would not change the character of the neighboring agricultural area or the residential neighborhood. n. Zoning clearance required; notice of request. No home occupation shall commence without a zoning clearance issued under section 31.5. For each zoning clearance requested for a major home occupation, the zoning administrator shall provide written notice that an application for a zoning 18-5-22.21 Zoning Supplement #65,1-12-11 ALBEMARLE COUNTY CODE clearance has been submitted to the owner of each abutting parcel under different ownership than the parcel on which the proposed home occupation would be located. The notice shall identify the proposed home occupation, its size, its location, and whether any waiver or modification is requested. The notice shall invite the recipient to submit any comments before the zoning clearance is acted upon. The notice shall be mailed at least five (5) days prior to the action on the zoning clearance as provided in section 32.4.2.5. (Ord. 11-18(1), 1-12-11) 18-5-22.22 Zoning Supplement #65,1-12-11