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2002-10-09
ACTIONS Board of Supervisors Meeting of October 9, 2002 October 10, 2002 5.2 AGENDA ITEM/ACTION Call to Order. · Meeting was called to order 6:00 p.m., by the Chairman, Ms. Thomas. All BOS members were present. Also present were Bob Tucker, Larry Davis, Ella Carey and Wayne Cilimberg. From the Public: Matters Not Listed on the Agenda. · Katie Hobbs, a County resident, requested the Board give its representatives on the MPO direction on the Western Bypass TIP decision. She reminded Board members that Albemarle County citizens have asked that the Bypass plan be removed from the TIP. · Charlie Trachta, a County resident, presented a statement addressing the water situation and school redistricting. · Donald Lyon, President of the Raintree Homeowners Association, presented a statement addressing the water situation and suggested that new development in the County be restricted. Cove Creek Park Association, Inc. Open Space Use Agreement. · ADOPTED the attached resolution and AUTHORIZED the County Executive to execute Open Space Agreement Ordinance to amend Sec 4-123 of Chapter 4, Animals and Fowl, Article II, Dogs and Other Animals, of the Albemarle County Code, to establish certain parcels along a portion of Route 720 (Harris Creek Road) off of Rt 20 S, as an additional area of the County where dogs are prohibited from running at large. · Took NO ACTION on the request to include a portion of Route 720 under the County's dog leash law. REQUESTED the Animal Control Officer meet with the residents in the near future to discuss what can be done to make the neighborhood safer from dogs that may be considered dangerous. REQUESTED the Animal Control Officer provide an update/status report on this matter in January/February 2003. 7. SP-2002-035. Korean Community Church - Expansion {Si(~n #6). · APPROVED SP-02-35 subject to six conditions 10. 11. SP-2002-047. Korean Community Church - Floodplain Crossin.q (Si.qn #38). · APPROVED SP-02-47 subject to four conditions. ZTA-02-03. Uses. · ADOPTED the attached ordinance. ZTA-02-004. Stormwater Manaqement Facilities. · ADOPTED the attached ordinance. Ordinance to amend Chapter 16, Wastewater and Water Systems, Article V, Conservation of Water, Section 16- 500, Conservation of Water During Emergencies, of the ASSIGNMENT Clerk: Forward resolution (Attachment 1) and agreement to County Attorney's office (Attachment 2). Prepare letter for Chairman's signature expressing thanks to donor for facility. Todd Hopwood: Proceed as directed. Clerk: Include update on future agenda. Clerk: Set out conditions of approval (Attachment 3). Clerk: Set out conditions of approval (Attachment 3). Clerk: Forward adopted ordinance to County Attorney's office for inclusion in next update of County Code, and copy appropriate staff (Attachment 4). Clerk: Forward adopted ordinance to County Attorney's office for inclusion in next update of County Code, and copy appropriate staff (Attachment 5). Clerk: Forward adopted ordinance to County Attorney's office for inclusion in next update of County Code, and copy appropriate staff 12. 13. Albemarle County Code, previously amended by Emergency Ordinance Number 02-16(E)(1) on September 11,2002, to expand the authority to impose emergency water restrictions and to authorize the imposition of penalty charges for any violation of such restrictions. · ADOPTED the attached ordinance. Ordinance to establish that a violation of Executive Order Number 33, issued by the Governor of Virginia on August 30, 2002, shall be enforced by the County of Albemarle and be deemed a Class 3 Misdemeanor, such being previously established by Emergency Ordinance Number 02-E(1) on September 4, 2002. · ADOPTED the attached ordinance. Discussion: Resolution to Governor requesting declaration of local emergency. · ADOPTED the attached resolution. 24. From the Board: Matters Not Listed on The Agenda. Sally Thomas · Will be representing the County at a meeting of the High Growth Coalition and the Governor on Friday, October 11th. 25. Adjourn. The meeting was adjourned at 8:51 p.m. (Attachment 6). Clerk: Forward adopted ordinance to County Attorney's office for inclusion in next update of County Code, and copy appropriate staff (Attachment 7). Clerk: Forward resolution to County Attorney's office to forward to Governor (Attachment 8). /ewc Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment 1 - Resolution Cove Creek 2 - Open Space Use Agreement Cove Creek 3 - Planning Conditions of Approval 4 - Ordinance - ZTA-02-03. Uses 5 - Ordinance - ZTA-02-004. Stormwater Management Facilities 6 - Ordinance to amend Sec 16-500, Conservation of Water During Emergencies 7 - Ordinance to establish that a violation of Executive Order Number 33, be deemed Class 3 Misdemeanor 8 - Resolution to Petition Governor to Declare Local Emergency RESOLUTION TO AUTHORIZE COVE CREEK PARK ASSOCIATION, INC. OPEN SPACE USE AGREEMENT Attachment I WHEREAS, the Cove Creek Park Association, Inc. (hereafter the "Park Association") owns 106.20 acres of property used for a little league baseball complex and buffer area; and WHEREAS, the Park Association desires to re-enter an Open Space Use Agreement so as to qualify for open space land use taxation for ten additional tax years; and WHEREAS, the use of the property otherwise meets the standards for park or recreational open space land use. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby authorizes the County Executive to execute on behalf of the County of Albemarle, Virginia, an Open Space Land Use Agreement with the Cove Creek Park Association, Inc., such agreement being attached hereto and being incorporated herein by reference. Attachment 2 OPEN-SPACE USE AGREEMENT This Agreement, made this 15th day of August, 2002 between COVE CREEK PARK ASSOCIATION, INC., a Virginia non-stock corporation, hereafter called the Owner, and the COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth of Virginia, hereinafter called the County, recites and provides as follows: RECITALS 1. The Owner is the owner of certain real estate, described below, hereinafter called the Property; and 2. The County is the local governing body having real estate tax jurisdiction over the Property; and 3. The County has determined: A. That it is in the public interest that the Property should be provided or preserved for park or recreational purposes; and That the Property meets the applicable criteria for real estate devoted to open-space use as prescribed in Article 4 (9 58.1-3229 et seq.) of Chapter 32 of Title 58.1 of the Code of Virginia, and the standards for classifying such real estate prescribed by the Director of the Virginia Department of Conservation and Recreation; and That the provisions of this agreement meet the requirements and standards prescribed under § 58.1-3233 of the Code of Virginia for recorded commitments by landowners not to change an open-space use to a nonqualifying use; and The Owner is willing to make a written recorded commitment to preserve and protect the open-space uses of the Property during the term of this agreement in order for the Property to be taxed on the basis of a use assessment and the Owner has submitted an application for such taxation to the assessing officer of the County pursuant to § 58.1-3234 of the Code of Virginia and Albemarle County Code § 15-800 et seq.; and The County is willing to extend the tax for the Property on the basis of a use assessment commencing with the next succeeding tax year and continuing for the term of this agreement, in consideration of the Owner's commitment to preserve and protect the open-space uses of the property, and on the condition that the Owner's application is satisfactory and that all other requirements of Article 4, Chapter 32, Title 58.1 of the Code of Virginia and Albemarle County Code § 15-800 et seq. are complied with. NOW THEREFORE, in consideration of the recitals and the mutual benefits, covenants and terms herein contained the parties hereby covenant and agree as follows: This agreement shall apply to all of the following described real estate: All that certain tract or parcel of land, with improvements thereon and the appurtenances thereto belonging, fronting on U.S. Highway 29 and State Route 632 near Covesville in the Scottsville District of Albemarle County, Virginia, containing 106.20 acres, more or less, as shown and described on a plat of Allen M. Hale, C.L.S. for Old Dominion Map Co. dated February 20, 1995 and recorded in the Clerk's Office of the Circuit Court of said County in Deed Book 1458, page 190; and being the same property as was conveyed to Owner by deed of John Grisham, Jr. and Renee Grisham, Trustees of the Oakwood Foundation Charitable Trust, dated December 2, 1998 and recorded in the aforesaid Clerk's Office in Deed Book 1773, page 344. 2. The Owner agrees that during the term of this agreement: A. There shall be no change in the use or uses of the Property that exist as of the date of this agreement to any use that would not qualify as an open-space use. There shall be no display of billboards, signs or other advertisements on the property, except to (i) state solely the name of the Owner and the address of the Property; (ii) advertise the sale or lease of the Property; (iii) advertise the sale of goods or services produced pursuant to the permitted use of the Property; or (iv) provide warnings. No sign shall exceed four feet by four feet. C. There shall be no construction, placement or maintenance of any structure on the Property unless such structure is either: (1) on the Property as of the date of this agreement; or (2) related to and compatible with the open-space uses of the Property which this agreement is intended to protect or provide for. D. There shall be no accumulations of trash, garbage, ashes, waste, junk, abandoned property or other unsightly or offensive material on the Property. There shall be no filling, excavating, mining, drilling, removal of topsoil, sand, gravel, rock, minerals or other materials which alters the topography of the Property, except as required in the construction of permissible buildings, structures and features under this agreement. F. There shall be no construction or placement of fences, screens, hedges, walls or other similar barriers which materially obstruct the public's view of scenic areas of the Property. G. There shall be no removal or destruction of trees, shrubs, plants and other vegetation, except that the Owner may: (1) engage in agricultural, horticultural or silvicultural activities, provided that there shall be no cutting of trees, other than selective cutting and salvage of dead or dying trees, within 100 feet of a scenic river, a scenic highway, a Virginia Byway or public property listed in the approved State Comprehensive Outdoor Recreation Plan (Virginia Outdoors Plan); and (2) remove vegetation which constitutes a safety, a health or an ecological hazard. There shall be no alteration or manipulation of natural water courses, shores, marshes, swamps, wetlands or other water bodies, nor any activities or uses which adversely affect water quality, level or flow. On areas of the Property that are being provided or preserved for conservation of land, floodways or other natural resources, or that are to be left in a relatively natural or underdeveloped state, there shall be no operation of dune buggies, all-terrain vehicles, motorcycles, motorbikes, snowmobiles or other motor vehicles, except to the extent necessary to inspect, protect or preserve the area. There shall be no industrial or commercial activities conducted on the Property, except for the continuation of agricultural, horticultural or silvicultural activities; or activities that are conducted in a residence or an associated outbuilding such as a garage, smokehouse, small shop or similar structure which is permitted on the property. There shall be no separation or split-off of lots, pieces or parcels from the Property. The Property may be sold or transferred during the term of this agreement only as the same entire parcel that is the subject of this agreement; provided, however, that the Owner may grant to a public body or bodies open-space, conservation or historic preservation easements which apply to all or part of the Property. 3. This agreement shall be effective upon acceptance by the County; provided, however, that the real estate tax for the Property shall not be extended on the basis of its use value until the next succeeding tax year following timely application by the Owner for use assessment and taxation in accordance with Albemarle County Code § 15-800 et seq. Thereafter, this agreement shall remain in effect for a term of 10 consecutive tax years. Nothing contained herein shall be construed as giving to the public a right to enter upon or to use the Property or any portion thereof, except as the Owner may otherwise allow, consistent with the provisions of this agreement. 5. The County shall have the right at all reasonable times to enter the Property to determine whether the Owner is complying with the provisions of this agreement. 6. Nothing in this agreement shall be construed to create in the public or any member thereof a right to maintain a suit for any damages against the Owner for any violation of this agreement. 7. Nothing in this agreement shall be construed to permit the Owner to conduct any activity or to build or maintain any improvement which is otherwise prohibited by law. 8. If any provision of this agreement is determined to be invalid by a court of competent jurisdiction, the remainder of the agreement shall not be affected thereby. 9. The provisions of this agreement shall run with the land and be binding upon the parties, their successors, assigns, personal representatives, and heirs. 10. Words of one gender used herein shall include the other gender, and words in the singular shall include words in the plural, whenever the sense requires. 11. This agreement may be terminated in the manner provided in § 15.2-4314 of the Code of Virginia for withdrawal of land from an agricultural, a forestal or an agricultural and forestal district. 12. Upon termination of this agreement, the Property shall thereafter be assessed and taxed at its fair market value, regardless of its actual use, unless the County determines otherwise in accordance with applicable law. 13. Upon execution of this agreement, it shall be recorded with the record of land titles in the Clerk's Office of the Circuit Court of Albemarle, Virginia, at the Owner's expense. 14. NOTICE: WHEN THE OPEN-SPACE USE OR USES BY WHICH THE PROPERTY QUALIFIED FOR ASSESSMENT AND TAXATION ON THE BASIS OF USE CHANGES TO A NONQUALIFYING USE OR USES, OR WHEN THE ZONING FOR THE PROPERTY CHANGES TO A MORE INTENSIVE USE AT THE REQUEST OF THE OWNER, THE PROPERTY, OR SUCH PORTION OF THE PROPERTY WHICH NO LONGER QUALIFIES, SHALL BE SUBJECT TO ROLL-BACK TAXES IN ACCORDANCE WITH § 58.1-3237 OF THE CODE OF VIRGINIA. THE OWNER SHALL BE SUBJECT TO ALL OF THE OBLIGATIONS AND LIABILITIES OF SAID CODE SECTION. Attachment 3 CONDITIONS OF APPROVAL Agenda Item No. 7. SP-2002-035. Korean Community Church - Expansion (Si.qn #6). Public hearing on a request to extend existing special permit (SP-97-003) for an add'l 5 years, to allow develop of church. Znd RA. TM32,P22K1, contains approx 5.22 acs. Loc on E side of Seminole Trail (Rt 29N), approx 1/10 mi S of bridge over the North Fork of the Rivanna River. Rivanna Dist. 1. The Korean Community Church shall be operated in general accord with the justification provided with the application submitted for SP-2002-035, included herein as Attachment B. The capacity of the church facility will not exceed one hundred fifty (150) individuals. No daycare or church school activities are intended with this special permit. Changes to this plan of operation may require an amendment to this special use permit; 2. At the time of site development, all requirements of the Virginia Department of Transportation regarding relocation of the access road to align with the North Fork Research Park entrance across Route 29, furnishing of signal components for the eastern side of the existing intersection shared with the research park, installation of a turn and taper lane along Route 29, and other requirements described in correspondence from VDOT dated August 1, 1997, February 10, 1997, and June 26, 2002, shall be met. It is anticipated that the applicant will work with the Towers Land Trust and other property owners to the south to equitably share in the cost of the necessary improvements to the eastern side of the above-described intersection; 3. At the time of issuance of a building permit, determination of the availability of public water and sewer shall be made by the Director of Planning and Community Development. If water and sewer are determined to be reasonably available, the church shall be required to connect to these utilities; 4. The final site plan shall include a greenway dedication of one hundred (100) feet minimum in width or that area necessary for the establishment of a greenway trail on that portion of the property along the North Fork Rivanna River and its tributary to the north; 5. The use, structure or activity for which this permit is issued shall commence within five (5) years from the date this permit is issued. The term "commenced" shall mean commencement of any structure necessary for the use of the permit or the issuance of the VDOT entrance permit; and 6. At the time of site plan submittal, the applicant shall work with the Engineering Department to locate the road access out of the critical slopes, to the extent practical. Agenda Item No. 8. SP-2002-047. Korean Community Church - Floodplain Crossinq (Si.qn #38). Public hearing on a request to allow crossing of floodplain by a church access road. TM32,P22K1, contains approx 5.22 acs. Loc on E side of Seminole Trail (Rt 29N), approx 1.5 mis N of Proffit Rd. Rivanna Dist. 1. The Flat Branch crossing shall be used for the remainder of the property O-ax Map 32 Parcel 22K). It is recommended that the crossing of Flat Branch be wide enough to accommodate any future development of the property beyond the proposed church site; 2. The site construction shall not disturb the natural water quality buffer of stream and river valley wooded slopes; 3. Grading within the floodplain shall occur only in association with the relocation of the entrance road from Route 29, and such grading shall comply with all requirements of the Department of Engineering and Public Works, included here as Attachments G and H; and 4. The use, structure or activity for which this permit is issued shall commence within five (5) years from the date this permit is issued. The term "commenced" shall mean commencement of any structure necessary for the use of the permit or the issuance of the VDOT entrance permit. -Page 7- Attachment 4 ORDINANCE NO. 02-18(7) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, 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 Provisions, of the Code of the County of Albemarle are amended and reordained as follows: By Amending: Sec. 2.1.1 Sec. 3.1 Use, Occupancy and Construction Definitions Chapter 18. Zoning Article I. General Provisions Sec. 2.1.1 Use, occupancy and construction Each use, building and structure, whether primary or accessory, shall hereafter be established only in compliance with all applicable regulations of the zoning district upon which the particular use, building or structure is located, except for nonconforming uses and structures as provided in this chapter. Sec. 3.1 Definitions Accessory use, building or structure: A subordinate use, building or structure customarily incidental to and located upon the same lot occupied by the primary use, building, or structure, and located upon land zoned to allow the primary use, building or structure. -Page 8- Attachment 5 ORDINANCE NO. 02-18(6) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, 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 III, District Regulations, of the Code of the County of Albemarle are amended and reordained as follows: By Amending: Sec. 10.2.1 By right Sec. 10.2.2 By special use permit Sec. 12.2.1 By right Sec. 13.2.1 By right Sec. 14.2.1 By right Sec. 15.2.1 By right Sec. 16.2.1 By right Sec. 17.2.1 By right Sec. 18.2.1 By right Sec. 19.3.1 By right Sec. 20.3.1 By right Sec. 22.2.1 By right Sec. 23.2.1 By right Sec. 24.2.1 By right Sec. 27.2.1 By right Sec. 28.2.1 By right Chapter 18. Zoning Article III. District Regulations Sec. 10.2.1 By right The following uses shall be permitted in any RA district subject to the requirements and limitations of these regulations: Detached single-family dwellings, including guest cottages and rental of the same; provided that yard, area and other requirements of section 10.4, conventional development by right, shall be met for each such use whether or not such use is on an individual lot subject to section 10.3. Side-by-side duplexes subject to the provisions of section 10.4; provided that density is maintained and provided that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Other two-family dwellings shall be permitted provided density is maintained. 3. Agriculture, forestry, and fishery uses except as otherwise expressly provided. 4. Game preserves, wildlife sanctuaries and fishery uses. -Page 9- 5. Wayside stands for display and sale of agricultural products produced on the premises (reference 5.1.19). Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 8. Temporary construction uses (reference 5.1.18). Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 10. Temporary sawmill (reference 5.1.15 and subject to performance standards in 4.14). 11. Veterinary services - off-site treatment only. 12. Agricultural service occupation (subject to performance standards in 4.14) 13. Divisions of land in accordance with section 10.3. 14. Tourist lodging (reference 5.1.17). 15. Mobile homes, individual, qualifying under the following requirements (reference 5.6): a. A property owner residing on the premises in a permanent home wishes to place a mobile home on such property in order to maintain a full-time agricultural employee. Due to the destruction of a permanent home an emergency exists. A permit can be issued in this event not to exceed twelve (12) months. The zoning administrator shall be authorized to issue permits in accordance with the intent of this ordinance and shall be authorized to require or seek any information which he may determine necessary in making a determination of cases "a" and "b" of the aforementioned uses. 16. Temporary mobile home in accordance with section 5.7. (Amended 11-8-89) 17. Farm winery (reference 5.1.25). (Added 12-16-81) 18. Borrow area, borrow pit, not exceeding an aggregate volume of fifty thousand (50,000) cubic yards including all borrow pits and borrow areas on any one parcel of record on the adoption date of this provision (reference 5.1.28). (Added 7-6-83) 19. Mobile homes on individual lots (reference 5.6). (Added 11- 11-92) 20. Commercial stable (reference 5.1.03). (Added 11-15-95) -Page 10- 21. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 10.2.2 By special use permit The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4: 1. Community center (reference 5.1.04). 2. Clubs, lodges, civic, patriotic, fraternal (reference 5.1.02). 3. Fire and rescue squad stations (reference 5.1.09). 4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16). 5. Private schools. 6. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances, unmanned telephone exchange centers; micro- wave and radio-wave transmission and relay towers, substations and appurtenances. 10. (Repealed 11-11-92) 11. (Repealed 3-15-95) 12. Horse show grounds, permanent. 13. Custom slaughterhouse. 14. Sawmills, planing mills and woodyards (reference 5.1.15 and subject to performance standards in 4.14). 15. Group homes and homes for developmentally disabled persons as described in section 15.1- 486.2 of the Code (reference 5.1.07). 16. (Repealed 11-15-95) 17. Commercial kennel (reference 5.1.11 and subject to performance standards in 4.14). 18. Veterinary services, animal hospital (reference 5.1.11 and subject to performance standards in 4.14). 19. Private airport, helistop, heliport, flight strip (reference 5.1.01). 20. Day camp, boarding camp (reference 5.1.05). 21. Sanitary landfill (reference 5.1.14). 22. Country store. -Page 11- 7. Day care, child care or nursery facility (reference 5.1.06). 8. (Repealed 3-5-86) 9. Mobile home subdivisions (reference 5.5). 23. Commercial fruit or agricultural produce packing plants. (Amended 11-8-89) 24. (Repealed 11-8-89) 25. Flood control dams and impoundments. 26. (Repealed 11-8-89) 27. Restaurants and inns that are: a. Located within an historic landmark as designated in the comprehensive plan, provided: (i) the structure has been used as a restaurant, tavern or inn; and (ii) the structure shall be restored as faithfully as possible to the architectural character of the period and shall be maintained consistent therewith; or b. Nonconforming uses, provided the restaurant or inn is served by existing water and sewerage systems having adequate capacity for both the existing and proposed uses and facilities without expansion of either system. (Amended 11-8-89; 10-18-00) 28. Divisions of land as provided in section 10.5. 29. Boat landings and canoe livery. 30. Permitted residential uses as provided in section 10.5. 31. Home occupation, Class B (reference 5.2). 32. Cemetery. 33. Crematorium. 34. (Repealed 3-21-01) 35. Church building and adjunct cemetery. 36. Gift, craft and antique shops. 37. Public garage. (Added 3-18-81) 38. Exploratory drilling. (Added 2-10-82) 39. Hydroelectric power generation (reference 5.1.26). (Added 4- 28-82) 40. Borrow area, borrow pit not permitted under section 10.2.1.18. (Added 7-6-83) 41. Convent, Monastery (reference 5.1.29). (Added 1-1-87) 42. Temporary events sponsored by local nonprofit organizations which are related to, and supportive of the RA, rural areas, district (reference 5.1.27). (Added 12-2-87) 43. Agricultural Museum (reference 5.1.30). (Added 12-2-87) 44. Theatre, outdoor drama. (Added 6-10-92) 45. Farm sales (reference 5.1.35). (Added 10-11-95) -Page 12- 46. Off-site parking for historic structures or sites (reference 5.1.38) or off-site employee parking for an industrial use in an industrial zoning district (reference 5.1.39). 47. Animal shelter (reference 5.1.11). (Added 6-16-99). Sec. 12.2.1 By right The following uses shall be permitted subject to requirements and limitations of this ordinance: 1. Detached single-family dwellings. 2. Side-by-side duplexes provided that density is maintained and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Other two-family dwellings shall be permitted provided density is maintained. 3. Cluster development of permitted residential uses. 4. Rental of permitted residential uses and guest cottages, provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out. 5. (Repealed 9-2-81) 6. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 8. Temporary construction uses (reference 5.1.18). 9. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 10. Tourist lodgings (reference 5.1.17). 11. Wayside stands for the display and sale of seasonal agricultural products (reference 5.1.19). 12. Homes for developmentally disabled persons (reference 5.1.7). 13. Agriculture. 14. Mobile homes on individual lots (reference 5.6) (Added 11-11- 92) 15. Stormwater management facilities shown on an approved final site plan or subdivision plat. -Page 13- Sec. 13.2.1 The 1. 2. 3. By right following uses shall be permitted subject to requirements and limitations of this ordinance: Detached single-family dwellings. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages, provided that yard, area, and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out. 4. (Repealed 9-2-81) 5. (Repealed 9-2-81) 6. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 8. Temporary construction uses (reference 5.1.18). 9. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) Tourist lodgings (reference 5.1.1 7). Homes for developmentally disabled persons (reference 5.1.07). Stormwater management facilities shown on an approved final site plan or subdivision plat. By right The following uses shall be permitted subject to requirements and limitations of this ordinance: 1. Detached single-family dwellings. 2. Cluster development of permitted residential uses. 3. Rental of permitted residential uses and guest cottages, provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out. 4. (Repealed 9-2-81) -Page 14- 10. 11. 12. Sec. 14.2.1 5. (Repealed 9-2-81) Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 7. Accessory uses and buildings including home occupations (reference 5.2) and storage buildings. 8. Temporary construction uses (reference 5.1.18). Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5, 5.1.12). (Amended 11-1-89) 10. Tourist lodgings (reference 5.1.17). 11. Homes for developmentally disabled persons (reference 5.1.7). 12. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 15.2.1 By right The following uses shall be permitted subject to requirements and limitations of this ordinance: 1. Detached single-family dwellings. Side-by-side duplexes provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Other two-family dwellings shall be permitted provided density is maintained. Semi-detached and attached single-family dwellings such as triplexes, quadruplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 4. Cluster development of permitted residential uses. 5. Rental of permitted residential uses and guest cottages, provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out. 6. (Repealed 9-2-81) 7. (Repealed 9-2-81) -Page 15- Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 9. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 10. Temporary construction uses (reference 5.1.18). 11. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 12. Tourist lodgings (reference 5.1.17). 13. Homes for developmentally disabled persons (reference 5.1.07). 14. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 16.2.1 By right The following uses shall be permitted subject to the requirements and limitations of this ordinance: 1. Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings such as garden apartments. 4. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages; provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lot. 6. Homes for developmentally disabled persons (reference 5.1.7). 7. Boating houses. 8. Tourist lodgings (reference 5.1.17). 9. (Repealed 9-2-81) 10. (Repealed 9-2-81) -Page 16- 11. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 13. Temporary construction uses (reference 5.1.18). 14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 15. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 17.2.1 By right The following uses shall be permitted subject to the requirements and limitations of this ordinance: 1. Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings such as garden apartments. 4. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages; provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lot. 6. Homes for developmentally disabled persons (reference 5.1.7). 7. Boating houses. 8. Tourist lodgings (reference 5.1.17). 9. (Repealed 9-2-81) 10. (Repealed 9-2-81) 11. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, -Page 17- pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 13. Temporary construction uses (reference 5.1.18). 14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 15. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 18.2.1 By right The following uses shall be permitted subject to the requirements and limitations of this ordinance: 1. Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings such as garden apartments. 4. Cluster development of permitted residential uses. 5. Rental of permitted residential uses and guest cottages; provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lot. 6. Homes for developmentally disabled persons (reference 5.1.07). 7. Boating houses. 8. Tourist lodgings (reference 5.1.17). 9. (Repealed 9-2-81) 10. (Repealed 9-2-81) 11. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central -Page 18- sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. 12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 13. Temporary construction uses (reference 5.1.18). 14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 15. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 19.3.1 By right The following uses shall be permitted subject to the requirements and limitations of this ordinance: 1. Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings. 4. (Repealed 9-2-81) 5. Parks, playgrounds, community centers and noncommercial recreational and cultural facilities such as tennis courts, swimming pools, game rooms, libraries and the like. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations, and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 8. Temporary construction uses (reference 5.1.18). 9. Accessory uses and structures including home occupation, Class A (reference 5.2) and storage buildings. -Page 19- 10. Homes for developmentally disabled persons (reference 5.1.7). 11. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 20.3.1 By right The following uses shall be permitted subject to the requirements and limitations of this ordinance: 1. Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings. 4. (Repealed 9-2-81) 5. Parks, playgrounds, community centers and noncommercial recreational and cultural facilities such as tennis courts, swimming pools, game rooms, libraries and the like. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 8. Temporary construction uses (reference 5.1.18). 9. Accessory uses and structures including home occupation, Class A (reference 5.2) and storage buildings. 10. Homes for developmentally disabled persons (reference 5.1.07). 11. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec 22.2.1 By right The following uses shall be permitted in any C-1 district subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of Iocational requirements, operational characteristics, -Page 20- visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. a. The following retail sales and service establishments: 1. Antique, gift, jewelry, notion and craft shops. 2. Clothing, apparel and shoe shops. 3. Department store. 4. Drug store, pharmacy. 5. Florist. 6. Food and grocery stores including such specialty dispensary and wine and cheese shops. 7. Furniture and home appliances (sales and service). 8. Hardware store. 9. Musical instruments. 10. Newsstands, magazines, pipe and tobacco shops. 11. Optical goods. 12. Photographic goods. 13. Visual and audio appliances. 14. Sporting goods. 15. Retail nurseries and greenhouses. b. The following services and public establishments: 1. Administrative, professional offices. shops as bakery, candy, milk 2. Barber, beauty shops. 3. Churches, cemeteries. 4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02). 5. Financial institutions. 6. Fire and rescue squad stations (reference 5.1.09). 7. Funeral homes. 8. Health spas. 9. Indoor theaters. -Page 21- 10. Laundries, dry cleaners. 11. Laundromat (provided that an attendant shall be on duty at all hours during operation). 12. Libraries, museums. 13. Nurseries, day care centers (reference 5.1.06). 14. Eating establishments. 15. Tailor, seamstress. 16. Automobile service stations (reference 5.1.20). 17. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5-2-93) 18. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-9) 19. Temporary construction uses (reference 5.1.1). 20. Dwellings (reference 5.1.21). 21. Medical center. 22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92) 23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-6) 24. Indoor athletic facilities. (Added 9-15-93) 25. Farmers' market (reference 5.1.36). (Added 10-11-95) 26. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 23.2.1 By right The following uses shall be permitted in any CO district, subject to the requirements and limitations of these regulations: 1. Administrative and business offices. 2. Professional offices, including medical, dental and optical. 3. Financial institutions. 4. Churches, cemeteries. -Page 22- 5. Libraries, museums. 6. Accessory uses and structures incidental to the principal uses provided herein. Such uses in combination shall not occupy more that twenty (20) percent of the floor area of buildings on the site. The following accessory uses shall be permitted: -Eating establishments; -Newsstands; -Establishments for the sale of office supplies and service of office equipment; -Data processing services; -Central reproduction and mailing services and the like; -Ethical pharmacies, laboratories and estabishments for the production, fitting and/or sale of optical or prosthetic appliances on sites containing medical, dental or optical offices; -(Repealed 3-17-82) -Sale/service of goods associated with the principal use such as, but not limited to: musical instruments, musical scores, text books, artist's supplies and dancing shoes and apparel. (Added 12-3-86) 7. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 8. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) Temporary construction uses (reference 5.1.18). Dwellings (reference 5.1.21). (Added 3-17-82) Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86) Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92) Stormwater management facilities shown on an approved final site plan or subdivision plat. By right The following uses shall be permitted in any HC district subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit, as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character, -Page 23- 10. 11. 12. 13. Sec. 24.2.1 and more specifically, similar in terms of Iocational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. 1. Automobile laundries. 2. Automobile, truck repair shops. 3. Automobile service stations (reference 5.1.20). 4. Building materials sales. 5. Churches, cemeteries. 6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). 7. Convenience stores. 8. Educational, technical and trade schools. 9. Factory outlet sales - clothing and fabric. 10. Feed and seed stores (reference 5.1.22). 11. Financial institutions. 12. Fire extinguisher and security products, sales and service. 13. Fire and rescue squad stations (reference 5.1.09). 14. Funeral homes. 15. Furniture stores. 16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops. 17. Home and business services such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance services. 18. Hardware. 19. (Repealed 6-3-81) 20. Hotels, motels and inns. 21. Light warehousing. 22. Machinery and equipment sales, service and rental. 23. Mobile home and trailer sales and service. 24. Modular building sales. 25. Motor vehicle sales, service and rental. -Page 24- 26. New automotive parts sales. 27. Newspaper publishing. 28. Administrative, business and professional offices. 29. Office and business machines sales and service. 30. Eating establishment; fast food restaurants. 31. Retail nurseries and greenhouses. 32. Sale of major recreational equipment and vehicles. 33. Wayside stands - vegetables and agricultural produce (reference 5.1.19). 34. Wholesale distribution 35. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 36. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 37. Temporary construction uses (reference 5.1.18). 38. Indoor theaters. 39. Heating oil sales and distribution (reference 5.1.20). 40. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86) 41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-1. (Added 6-19-91; Amended 9-9-92) Indoor athletic facilities. (Added 9-15-93) Farmers' market (reference 5.1.36). (Added 10-11-95) Stormwater management facilities shown on an approved final site plan or subdivision plat. By right Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted in any LI district subject to the requirements and limitations of these regulations: (Amended 2-13-85) 42. 43. 44. Sec. 27.2.1 -Page 25- 1. Compounding of drugs, including biological products, medical and chemical as well as pharmaceutical. 2. Fire and rescue squad stations (reference 5.1.9). 3. Manufacture, processing, fabrication, assembly, distribution of products such as but not limited to: (Amended 12-2-81; 2- 20-91) -Artists' supplies and equipment. -Business, office machines and equipment. -Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap. -Drafting supplies and equipment. -Electrical lighting and wiring equipment. -Electrical and electronic equipment and components including radio, telephone, computer, communication equipment, TV receiving sets, phonographs. -Food products, such as bakery goods, dairy products, candy, beverages, including bottling plants. -Gifts, novelties including pottery, figurines and similar ceramic products. -Glass products made of purchased glass. -Industrial controls. -Jewelry, silverware. -Light machinery and machine parts, including electrical household appliances but not including such things as clothes washers, dryers and refrigerators. -Musical instruments. -Paper products such as die-cut paperboard and cardboard, sanitary paper products, bags and containers. -Photographic equipment and supplies including processing and developing plant. -Rubber, metal stamps. -Small electrical parts such as coils, condensers, transformers, crystal holders. -Surgical, medical and dental instruments and supplies. -Toys, sporting and athletic equipment, except firearms, ammunition or fireworks. -Watches, clocks and similar timing devices. -Wood cabinets and furniture, upholstery. 4. Publishing, printing, lithography and engraving, including but not limited to newspapers, periodicals and books. -Page 26- 5. Preparation of printing plates including typesetting, etching and engraving. 6. Research and development activities including experimental testing. 7. Scientific or technical education facilities. 8. Assembly and fabrication of light aircraft from component parts manufactured off-site. 9. Contractor's office and equipment storage yard. 10. Engineering, engineering design, assembly and fabrication of machinery and components, including such on-site accessory uses as machining, babbitting, welding and sheet metal work and excluding such uses as drop hammering and foundry. (Amended 10-3-01) 11. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 13. Temporary construction uses (reference 5.1.18). 14. Business and professional office buildings. 15. Dwellings (reference 5.1.21). (Added 4-17-85) 16. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86) 17. Warehouse facilities and wholesale businesses not involving storage of gasoline, kerosene or other volatile materials; dynamite blasting caps and other explosives; pesticides and poisons; and other such materials which could be hazardous to life in the event of accident. (Added 12-2-87) 18. Stormwater management facilities shown on an approved final site plan or subdivision plat. (§ 27.2.1, 12-10-80, 12-2-81, 2-13-85, 4-17-85, 3-5-86, 12-2-87, 11-1-89, 5-12-93; Ord. 01-18(6), 10-3- 01; Ord. 02-18(6), 10-9-02) Sec. 28.2.1 By right Except as otherwise limited by section 28.2.2.14, the following uses shall be permitted in any HI district subject to the requirements and limitations of these regulations: (Amended 2-13-85) 1. Automotive, farm and construction and machinery products assembly. 2. Brick manufacturing, distribution. -Page 27- 3. Concrete mixing plant, storage, distribution. 4. Dry-cleaning plants. 5. Fire and rescue squad stations (reference 5.1.09). 6. Machine shops, tool and die, blacksmithing, boiler shops and similar operations. 7. Manufacture of heavy household, commercial and industrial appliances. 8. Manufacture of building components. 9. Manufacture, distribution, service of individual sewage disposal systems. 10. Manufacture and recycling of tires. 11. Metal fabrication and welding operations. 12. Mobile home manufacturing, distribution. 13. Moving businesses, including storage facilities. 14. Petroleum, gasoline, natural gas and manufactured gas bulk storage (reference 5.1.20). 15. Recreational vehicle and components manufacturing, distribution. 16. Sawmills (reference 5.1.15), planing mills, wood preserving operations, woodyards. 17. Veterinary or dog/cat hospitals, indoor accessory kennels (reference 5.1.11). 18. Warehouse facilities. 19. Contractor's office and equipment storage yards. 20. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5-12-93) 21. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 22. Temporary construction uses (reference 5.1.18). 23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86) 24. Stormwater management facilities shown on an approved final site plan or subdivision plat. -Page 28- Attachment 6 ORDINANCE NO. 02-16(2) AN ORDINANCE TO AMEND CHAPTER 16, WASTEWATER AND WATER SYSTEMS OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BY AMENDING ARTICLE V, CONSERVATION OF WATER. BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 16 of the Code of the County of Albemarle, Wastewater and Water Systems, is amended as follows: By Amending: Article V. Conservation of Water. Sec. 16-500. Conservation of Water During Emergencies. Chapter 16. Wastewater and Water Systems Article V. Conservation of Water Sec. 16-500. Conservation of Water During Emergencies. A. Should the board of supervisors, at any time, declare there to be an emergency in the county arising wholly or substantially out of a shortage of water supply, the Albemarle County Service Authority (the "authority") and its Executive Director (the "executive director") are hereby authorized during continuation of the water emergency to order the restriction or prohibition of any or all uses of the water supply, including but not limited to: 1. Watering of outside shrubbery, trees, lawn, grass, plants, home vegetable gardens, or any other vegetation, except from a watering can or other container not exceeding three (3) gallons in capacity. This limitation shall not apply to commercial greenhouses or nursery stocks, which may be watered in the minimum amount required to preserve plant life before 7:00 a.m. or after 8:00 p.m. 2. Washing of automobiles, trucks, trailers, or any other type of mobile equipment, except in licensed commercial vehicle wash facilities. 3. Washing of sidewalks, streets, driveways, parking lots, service station aprons, exteriors of homes or apartments, commercial or industrial buildings or any other outdoor surface, except where mandated by federal, state, or local law. 4. The operation of any ornamental fountain or other structure making a similar use of water. 5. The filling of swimming or wading pools requiring more than five gallons of water, or the refilling of swimming or wading pools which were drained after the effective date of the declaration of emergency, except that pools may be filled to a level of two feet below normal, or water may be added to bring the level to two feet below normal, or as necessary to -Page 29- protect the structure from hydrostatic damage, for pools constructed or contracted for on or before the effective date the declaration of emergency restrictions. 6. The use of water from fire hydrants for any purpose other than fire suppression, unless otherwise approved by the executive director. 7. The serving of drinking water in restaurants, except upon request. 8. The operation of any water-cooled comfort air conditioning that does not have water conserving equipment in operation. 9. Any additional water use restriction deemed necessary. The above restrictions, or any of them, shall become effective upon their being printed in any newspaper of general circulation in the county, or broadcast upon any radio or television station serving the county. B. Upon implementation of subsection A, above, the authority shall establish an appeals procedure to review customer applications for exemptions from the provisions of subsections A on a case by case basis and, if warranted, to make equitable adjustments to such provisions. The authority shall also be empowered to establish regulations governing the granting of temporary exemptions applicable to all or some of the uses of the water supply set forth in subsection A. The authority shall, in deciding applications, balance economic and other hardships to the applicant resulting from the imposition of water use restrictions or allocations against the individual and cumulative impacts to the water supply resulting from the granting of exemptions. C. Should measures taken pursuant to subsection A of this section prove insufficient to preserve sufficient supplies of water for the citizens of the county, the authority and its executive director are hereby further authorized to impose temporary rate increases or surcharges on the consumption of water, to restrict or discontinue the supply of water to any industrial or commercial activity which uses water beyond the sanitary and drinking needs of its employees and invitees, to declare a moratorium on new water connections to buildings issued a building permit after the date of declaration of emergency, and to restrict water use to basic human needs only. D. Any person violating any provision of this section, or any order of the executive director of the authority issued pursuant to the authority granted hereunder shall be guilty of a class 3 misdemeanor. In addition, the executive director of the authority is hereby authorized to terminate the water service, for the duration of the emergency, to any person convicted of such violation. E. In addition to the penalties set forth in subsection D, above, the authority and the executive director may impose penalty charges on any person violating any provision of this section. Such penalty charges shall be in an amount determined by the authority and shall be imposed on the violator's next water bill. If a violation continues after a notice of violation has been issued, or if such penalty charges are not paid when due, the executive director of the authority is authorized to terminate the water service and take any additional measures authorized by law. -Page 30- Persons who have been assessed a penalty charge shall have the right to challenge the assessed charge by providing a written notice to the executive director of the authority within ten (10) days of the date of the assessment of the penalty charge. The executive director or his designee shall determine whether the penalty charge was properly assessed and notify the complaining person in writing of his determination. Any person aggrieved by the decision of the executive director may appeal that decision to a committee of the authority's board by filing an appeal in writing within five (5) days of notice of the executive director's decision. The executive director or his designee, or upon appeal, the committee of the authority's board, may waive the penalty charge if it is determined that the violation occurred due to no fault of the person. Water service shall not be terminated during the pendancy of any appeal. F. Nothing in this section shall be construed to prohibit the authority and its executive director from rescinding any orders issued thereunder when the conditions creating the need for such orders have abated. G. Nothing in this section shall be construed to prohibit the authority and its executive director from exercising any and all powers and taking any and all actions authorized by the Virginia Water and Waste Authorities Act, Virginia Code §§ 15.2-5100, et al. (Ord. 00-16(1), 8-2-00; Ord. 02-16(E)(1), 9-11-02; Ord. 02-16(2), 10-9-02) State law reference--Va. Code §15.2-924. -Page 31- Attachment 7 ORDINANCE NO. 02- A(3) AN ORDINANCE ESTABLISHING THAT A VIOLATION OF EXECUTIVE ORDER NUMBER 33 ISSUED BY THE GOVERNOR OF VIRGINIA ON AUGUST 30, 2002 SHALL BE A CLASS 3 MISDEMEANOR IN THE COUNTY OF ALBEMARLE, VIRGINIA. WHEREAS, the Honorable Mark R. Warner, Governor of the Commonwealth of Virginia, issued Executive Order Number 33, Declaration of a State of Emergency Due to Extreme Drought Conditions Throughout the Commonwealth, effective August 30, 2002; and WHEREAS, Section C of Executive Order Number 33 prohibits any person or household who utilizes surface waters or ground water in Albemarle County from watering lawns, washing vehicles, filling swimming pools, and irrigating golf courses with the following exceptions: commercial car washes, pools used by health care facilities for patient care and rehabilitation, and watering of golf course tees and greens between the hours of 8:00 p.m. and 8:00 a.m.; and WHEREAS, Section C of Executive Order Number 33 further provides that Albemarle County may establish, collect, and retain fines for a violation of the restrictions promulgated therein; and WHEREAS, the Board of Supervisors of Albemarle County finds that a violation of Executive Order Number 33 should parallel a violation of Albemarle County Code Section 16- 500, Conservation of Water During Emergencies, and be enforced as a Class 3 Misdemeanor; and WHEREAS, on November 7, 2001, the Board of Supervisors of Albemarle County declared that there was a water supply emergency in Albemarle County arising from a shortage of water in the urban service area of the County; and WHEREAS, the Board of Supervisors now finds that a water supply emergency exists throughout the County for all public water and groundwater resources; and WHEREAS, the Board of Supervisors previously adopted the provisions of this ordinance to enforce the water restrictions imposed by Executive Order Number 33 on an emergency basis by adopting Ordinance Number 02-E(1) on September 4, 2002. NOW, THEREFORE, BE IT HEREBY ORDAINED THAT: Section 1. Finding of an Emergency. It is hereby determined and found that a state of emergency, as proclaimed in Executive Order Number 33 issued by the Honorable Mark R. Warner, Governor of the Commonwealth of Virginia, effective August 30, 2002, continues to exist due to extreme drought conditions in the County and throughout the Commonwealth, and it is further determined and found that a local state of emergency exists in the County of Albemarle due to the current water level of the County's public water supply resources and surface waters and ground water resources which has created a water supply emergency in the County. -Page 32- Section 2. Violation of Restrictions. It shall be a violation of this Ordinance for any person to use water, or allow or cause the use of water in violation of any restriction on the use of surface waters or ground water set forth in Section C of Executive Order Number 33 issued by the Honorable Mark R. Warner, Governor of the Commonwealth of Virginia, effective August 30, 2002, or as it thereafter may be amended, and any such violation shall be deemed a Class 3 Misdemeanor in the County of Albemarle. Each day during which a violation exists shall be deemed a separate offense. Section 3. Power of County Executive. The County Executive is authorized and directed to enforce the restrictions in Albemarle County by utilizing County employees and resources as he deems necessary. Section 4. Effective Date of Ordinance. (a) This Ordinance shall take effect immediately. (b) This Ordinance shall supercede Ordinance Number 02-E(1) adopted as an Emergency Ordinance on September 4, 2002, provided, however, nothing herein shall be construed to affect, limit, or rescind any actions taken pursuant to that Emergency Ordinance. (c) The provisions of this Ordinance are severable, and the enforceability of any provision in the Ordinance, as determined by a court of competent jurisdiction, shall not affect the enforceability of any other provision of this Ordinance. -Page 33- RESOLUTION TO PETITION THE GOVERNOR TO DECLARE A LOCAL EMERGENCY Attachment 8 Whereas, Virginia Code Section 44-146.16(6) provides that a local emergency arising wholly or substantially out of a resource shortage may be declared only by the Governor of the Commonwealth of Virginia upon petition of the local governing body; and Whereas, due to a severe and sustained drought, the County of Albemarle faces a local emergency arising wholly or substantially out of a shortage of surface and ground water; and Whereas, the Governor issued Executive Order Number 33, Declaration of a State of Emergency Due to Extreme Drought Conditions Throughout the Commonwealth, effective August 30, 2002, which included the County of Albemarle within the Governor's emergency area and which placed restrictions on the use of surface and ground water; and Whereas, conditions unique to the County of Albemarle threaten the need for or necessitate additional action to prevent or alleviate the damage, loss, hardship, or suffering caused by the severe shortage of surface and ground water in the County; and Whereas, this local emergency necessitates that the County of Albemarle manage its ground water resources in the same manner that the County or the Albemarle County Service Authority can manage the public water system water resources; and Whereas, a water supply emergency has been declared in the County of Albemarle by the Board of Supervisors of Albemarle County pursuant to the authority in Virginia Code Section 15.2-924 and Albemarle County Code Section 16-500 and, pursuant to this declaration, the Albemarle County Service Authority has imposed significant water use restrictions and is considering the imposition of more severe water use restrictions in order to preserve a sufficient water supply for the citizens of the County during the water emergency; and Whereas, without a declaration by the Governor of a local emergency the County lacks authority to effectively regulate the use of ground water resources; and Whereas, ground water is a principal source of drinking water and stream replenishment in the County and as aquifers become depleted then water levels in surface water reservoirs, springs and wells used for the County's water supply will be lowered and be at great risk; and Whereas, the best information available projects that the below-average rainfall experienced in the last three winters, rainfall that is crucial to water supply replenishment, will continue to be below- average this winter and will further stress already depleted surface and ground water resources; and Whereas, the County of Albemarle's and the City of Charlottesville's combined public drinking water supply has now dropped to a dangerously Iow 53% of capacity and well failures in the County are projected this year to exceed 400% of the record number recorded in the first year of the drought in 1999; and Whereas, unless significant and sustained rainfall occurs the public water supply is projected to continue to decline to catastrophic levels and the number of well failures will exceed the historic numbers already recorded; and -Page 34- Whereas, the state-wide mandatory restrictions and voluntary conservation may not accomplish the necessary conservation of water to sustain the water supply necessary for the citizens of the County of Albemarle until the drought has ended; and Whereas, the declaration by the Governor of a local emergency in Albemarle County and the grant of authority to the County to restrict the nonessential use of ground water during the declared water shortage emergency is vital to the County's authority to take appropriate action to protect the public health, safety, and welfare in response to this water shortage emergency. Now, Therefore, Be It Resolved that the Board of Supervisors of the County of Albemarle, Virginia, hereby petitions the Honorable Mark R. Warner, Governor of the Commonwealth of Virginia, to declare that a local emergency due to a surface and ground water shortage exists in the County of Albemarle. Be It Further Resolved that the Board of Supervisors requests that the Governor grant it all necessary powers and authority to manage and restrict the use of surface and ground water resources in the County while the emergency exists including, but not limited to, the specific authority to restrict the nonessential use of ground water and to prohibit the connection by any new construction to any surface or ground water source if such prohibition is deemed necessary to preserve and sustain the water supply necessary for the citizens of the County of Albemarle currently using the surface water or ground water supply. -Page 35- PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON MATTERS NOT LISTED ON THE AGENDA FROM THE PUBLIC ~.~ NAME (Please print clearly) i' 2', ~' ~/. ' ~ ...... ~;;...,,~ ------- ",~/ ~;£-':i / )' ~5 6 7 8 9 10 11 12 13 14 15 PHONE NUMBER/ADDRESS ,.. RECEIVED AT BOS MEETING Date: /~), ~?, ,~..0_. I am here to say that I am getting fed up with this Board' s t~}~e~l~¥ the RES~JENts ox mis county. Clerk's Initials: i~_~P ~E.-- Because of past board's actions, the county is running out of water. Remember when RESIDENTS came here and told you that we were heading toward an water emergency? That the Rivanna Reservoir needed repair or replacing? Even if you didn't want to listen to us "out- spoken, loud-mouths malcontents," there were legitimate organizations that told you the same thing. Not only did the League of Women Voters bring you these issues 5 years ago (or more), they even had seminars about it. Since this board makes the final decisions concerning the spending of money, you must accept some of the responsibility of the bad placement of schools. Your lack of concern for our children is sickening. Mr. Martin feels that since we have redistricted so much in the past and found that it does not cause "death and destruction to students" we should not be shy to do it again. Well if we are admitting to redistricting so much in the past, maybe it is time to reconsider a new approach to the problem, since redistricting hasn't worked. And will Mr. Martin be there with a better solution if a school bus roms over while bussing children from one part of the county to another? What amusing "quote" will he have for the parents and students then? As for Mr. Bowerman, I must thank you for your continuing support of our neighborhood schools. All the way back to 1989 when you ran against Sam Kaplan, you have clocked yourself in the clothing of one who champions the need for neighborhood schools. It seems that from that time, you keep telling the PUBLIC that you believe in neighborhood schools. Now I must ask you, what neighborhood school are you planning to put the Crozet neighborhood in, or Woodbrook, or even Scottsville? When parents move into the Hollymead neighborhood, they feel that their children should attend Hollymead School, what about you? Since you aren't going to do anything about the water emergency, besides telling RESIDENTS that we must cut back on our water usage while paying the same amount for less, I would like to ask you to consider making this a role concerning building permits. I understand that you will have to get the developers' permission, but please hear me out. The role should read .... All persons receiving a building permit for a new home since August 30, 2002 MUST, inform the buyer of that home, in a separate letter, that the new owner may not be able to hook up tO l~ublic water or be given the right to drill a well. Also, the building permits from August 30th to September 27 totaled 173. Individual asked for 16 while builders asked for 153. The leader of the pack was Robert Hauser with 69 permits. I just thought you may want to know. 629 BrightfieM Place Charlottesville, Va. 2290_t (434) 974- 17t5 RECEIVED AT BOS MEETING Date:_ //Z? '~- ¢,,~, Agenda Item #:~ October 9, 2002 The Board Of Supervisors: It appears to the Raintree Board that the solutions to our water problems are seeded in common sense and basic civic responsibility. Water usage should be based on members per household, not just individual homes. Why is this a difficult concept? A family of five for example will use more water then a family of two or a single person household It is just obvious. Laundry, bathing, cookingithe list goes on. New development must be restricted along with all the other businesses and residences while we are in this water emergency. Most City and County residents are doing every thing they possibly could to save water. Its hard, and it involves sacrifices from everyone who lives and works here. But everyone must comply. No one is immune or above this. End of discussion, The Rivanna water authority wants to raise its rates to make up for the shorOralt of revenue due to homeowners successful conservation. These rates will not go away even when this emergency goes away. Citizens have been asked to comply and make sacrifices. We are doing the best we can. With a rate increase we will be doing with less and paying more. Why do we the homeowner have to bear the brunt of this? Why are'nt developers doing there part in this crisis? Why is it, that they are not being held accountable? There were 173 new home building permits filed in Albemarle County from AugUst 30th. Till Sept. 27tn. Do you know or are you aware of the ripple affect this is going to cause within our schools and infrastructure ? What happened to accountability and being responsible? How can this Board justify going down this path of allorwing unchecked growth to consume our natural resources at rates that are causing widespread damage to all that live here. Long term planning for our future seems not to have happened here. Our local government failed to plan. So in doing so planned to fail. What you see here is the Titanic syndrome. It can't happen here, but it did.. Sincerely, DonaMB. Lyon, President, Raintree H.O.A. To: Members, Board of Supervisors From: Ella Washington Carey, CMC, Clerk Subject: Reading List for October 9, 2002 Date: September 3, 2002 March 25 (A), 2002 Ms. Thomas NOTE: PLEASE REMEMBER TO PULL YOUR MINUTES IF YOU HAVE NOT READ THEM. ~wc RESOLUTION TO AUTHORIZE COVE CREEK PARK ASSOCIATION, INC. OPEN SPACE USE AGREEMENT WHEREAS, the Cove Creek Park Association, Inc. (hereafter the "Park Association") owns 106.20 acres of property used for a little league baseball complex and buffer area; and WHEREAS, the Park Association desires to re-enter an Open Space Use Agreement so as to qualify for open space land use taxation for ten additional tax years; and WHEREAS, the use of the property otherwise meets the standards for park or recreational open space land use. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby authorizes the County Executive to execute on behalf of the County of Albemarle, Virginia, an Open Space Land Use Agreement with the Cove Creek Park Association, Inc., such agreement being attached hereto and being incorporated herein by reference. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of six to zero, as recorded below, at a meeting held on October 9, 2002. Mr. Bowerman Mr. Dorrier Y Mr. Martin Y Mr. Perkins Y Mr. Rooker Y Ms. Thomas Y Aye Nay Y Clerk, Board of County Supervisors OPEN-SPACE USE AGREEMENT This Agreement, made this 15th day of August, 2002 between COVE CREEK PARK ASSOCIATION~ INC., a Virginia non-stock corporation, hereafter called the Owner, and the COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth of Virginia, hereinafter called the County, recites and provides as follows: RECITALS 1. The Owner is the owner of certain real estate, described below, hereinafter called the Property; and 2. The County is the local governing body having real estate tax jurisdiction over the Property; and 3. The County has determined: A. That it is in the public interest that the Property should be provided or preserved for park or recreational purposes; and That the Property meets the applicable criteria for real estate devoted to open-space use as prescribed in Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title 58.1 of the Code of Virginia, and the standards for classifying such real estate prescribed by the Director of the Virginia Department of Conservation and Recreation; and That the provisions of this agreement meet the requirements and standards prescribed under § 58.1-3233 of the Code of Virginia for recorded commitments by landowners not to change an open-space use to a nonqualifying use; and The Owner is willing to make a written recorded commitment to preserve and protect the open-space uses of the Property during the term of this agreement in order for the Property to be taxed on the basis of a use assessment and the Owner has submitted an application for such taxation to the assessing officer of the County pursuant to § 58.1-3234 of the Code of Virginia and Albemarle Coun(y Code § 15-800 et seq.; and The County is willing to extend the tax for the Property on the basis of a use assessment commencing with the next succeeding tax year and continuing for the term of this agreement, in consideration of the Owner's commitment to preserve and protect the open-space uses of the property, and on the condition that the Owner's application is satisfactory and that all other requirements of Article 4, Chapter 32, Title 58.1 of the Code of Virginia and Albemarle Coun(y Code § 15-800 et seq. are complied with. NOW THEREFORE, in consideration of the recitals and the mutual benefits, covenants and terms herein contained the parties hereby covenant and agree as follows: 1. This agreement shall apply to all of the following described real estate: All that certain tract or parcel of land, with improvements thereon and the appurtenances thereto belonging, fronting on U.S. Highway 29 and State Route 632 near Covesville in the Scottsville District of Albemarle County, Virginia, containing 106.20 acres, more or less, as shown and described on a plat of Allen M. Hale, C.L.S. for Old Dominion Map Co. dated February 20, 1995 and recorded in the Clerk's Office of the Circuit Court of said County in Deed Book 1458, page 190; and being the same property as was conveyed to Owner by deed of John Grisham, Jr. and Renee Grisham, Trustees of the Oakwood Foundation Charitable Trust, dated December 2, 1998 and recorded in the aforesaid Clerk's Office in Deed Book 1773, page 344. 2. The Owner agrees that during the term of this agreement: A. There shall be no change in the use or uses of the Property that exist as of the date of this agreement to any use that would not qualify as an open-space use. There shall be no display of billboards, signs or other advertisements on the property, except to (i) state solely the name of the Owner and the address of the Property; (ii) advertise the sale or lease of the Property; (iii) advertise the sale of goods or services produced pursuant to the permitted use of the Property; or (iv) provide warnings. No sign shall exceed four feet by four feet. C. There shall be no construction, placement or maintenance of any structure on the Property unless such structure is either: (1) on the Property as of the date of this agreement; or (2) related to and compatible with the open-space uses of the Property which this agreement is intended to protect or provide for. D. There shall be no accumulations of trash, garbage, ashes, waste, junk, abandoned property or other unsightly or offensive material on the Property. There shall be no filling, excavating, mining, drilling, removal of topsoil, sand, gravel, rock, minerals or other materials which alters the topography of the Property, except as required in the construction of permissible buildings, structures and features under this agreement. There shall be no construction or placement of fences, screens, hedges, walls or other similar barriers which materially obstruct the public's view of scenic areas of the Property. G. There shall be no removal or destruction of trees, shrubs, plants and other vegetation, except that the Owner may: (1) engage in agricultural, horticultural or silvicultural activities, provided that there shall be no cutting of trees, other than selective cutting and salvage of dead or dying trees, 2 within 100 feet of a scenic river, a scenic highway, a Virginia Byway or public property listed in the approved State Comprehensive Outdoor Recreation Plan (Virginia Outdoors Plan); and (2) remove vegetation which constitutes a safety, a health or an ecological hazard. There shall be no alteration or manipulation of natural water courses, shores, marshes, swamps, wetlands or other water bodies, nor any activities or uses which adversely affect water quality, level or flow. On areas of the Property that are being provided or preserved for conservation of land, floodways or other natural resources, or that are to be left in a relatively natural or underdeveloped state, there shall be no operation of dune buggies, all-terrain vehicles, motorcycles, motorbikes, snowmobiles or other motor vehicles, except to the extent necessary to inspect, protect or preserve the area. There shall be no industrial or commercial activities conducted on the Property, except for the continuation of agricultural, horticultural or silvicultural activities; or activities that are conducted in a residence or an associated outbuilding such as a garage, smokehouse, small shop or similar structure which is permitted on the property. There shall be no separation or split-off of lots, pieces or parcels from the Property. The Property may be sold or transferred during the term of this agreement only as the same entire parcel that is the subject of this agreement; provided, however, that the Owner may grant to a public body or bodies open-space, conservation or historic preservation easements which apply to all or part of the Property. This agreement shall be effective upon acceptance by the County; provided, however, that the real estate tax for the Property shall not be extended on the basis of its use value until the next succeeding tax year following timely application by the Owner for use assessment and taxation in accordance with Albemarle Coun(y Code § 15-800 et seq. Thereafter, this agreement shall remain in effect for a term of 10 consecutive tax years. Nothing contained herein shall be construed as giving to the public a right to enter upon or to use the Property or any portion thereof, except as the Owner may otherwise allow, consistent with the provisions of this agreement. The County shall have the right at all reasonable times to enter the Property to determine whether the Owner is complying with the provisions of this agreement. Nothing in this agreement shall be construed to create in the public or any member thereof a right to maintain a suit for any damages against the Owner for any violation of this agreement. Nothing in this agreement shall be construed to permit the Owner to conduct any activity or to build or maintain any improvement which is otherwise prohibited by law. 3 8. If any provision of this agreement is determined to be invalid by a court of competent jurisdiction, the remainder of the agreement shall not be affected thereby. 9. The provisions of this agreement shall run with the land and be binding upon the parties, their successors, assigns, personal representatives, and heirs. 10. Words of one gender used herein shall include the other gender, and words in the singular shall include words in the plural, whenever the sense requires. lt. This agreement may be terminated in the manner provided in § 15.2-4314 of the Code of Virginia for withdrawal of land from an agricultural, a forestal or an agricultural and forestal district. 12. Upon termination of this agreement, the Prope~ty shall thereafter be assessed and taxed at its fair market value, regardless of its actual use, unless the County determines otherwise in accordance with applicable law. 13. Upon execution of this agreement, it shall be recorded with the record of land titles in the Clerk's Office of the Circuit Court of Albemarle, Virginia, at the Owner's expense. 14. -NOTICE: WHEN THE OPEN-SPACE USE OR USES BY WHICH THE PROPERTY QUALIFIED FOR ASSESSMENT AND TAXATION ON THE BASIS OF USE CHANGES TO A NONQUALIFYING USE OR USES, OR WHEN THE ZONING FOR THE PROPERTY CHANGES TO A MORE INTENSIVE USE AT THE REQUEST OF THE OWNER, THE PROPERTY, OR SUCH PORTION OF THE PROPERTY WHICH NO LONGER QUALIFIES, SHALL BE SUBJECT TO ROLL-BACK TAXES IN ACCORDANCE WITH § 58.1-3237 OF THE CODE OF VIRGINIA. THE OWNER SHALL BE SUBJECT TO ALL OF THE OBLIGATIONS AND LIABILITIES OF SAID CODE SECTION. COVE CREEK P~K ASSOCIATION, INC. Owner By: ~~'~'- (SEAL) COUNTY OF ALBEMARLE By: ~'~~. '~~~. Robert Tcker, Jr.,'Lqorfnty Exeu~ COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE The foregoing Agreement was acknowledged before me this 19th day of August 2002 by Rici~ard E. Carter , V'ce President of Cove Creek Park Association, Inc.' Notary Public i My Conm~ission Expires: Aa3t~ 31, 2005 COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE The foregoing Agreement was acknowledged before me this/~ day of ~q~b~- 2002 by Robert W. Tucker, Jr., County Executive ofth.e County of 3~l-be~arle, Virginia. otary Public~ My Commission Expires: ~~,t~, 9q Z~g 5 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Cove Creek Park Association, Inc. Open Space Use Agreement SUBJECT/PROPOSAL/REQUEST: Approval of Open Space Use Agreement STAFF CONTACT(S): Messrs. TuckerNVoodzell/Davis AGENDA DATE: October 9, 2002 ACTION: CONSENT AGENDA: ACTION: X ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: Resolution; Open Space Use Agreement BACKGROUND: The Cove Creek Park Association, Inc. is reapplying for land use taxation for the 106.2 acres of property located off of Route 29 on which the Cove Creek Park little league baseball complex is located. The land was previously in land use prior to the construction of the baseball complex under forestry and agriculture. It then was the subject of a nearly-identical Open Space Use Agreement, which the Board approved April 3, 1996, but which expired after five years. The proposed qualifying use is park or recreational open space. The 106.2 acre parcel will continue to be used solely for the baseball complex and buffer during the proposed ten-year term. DISCUSSION: To qualify for open space land use taxation, the property must meet the criteria for open space designated for park or recreational use and must be subject to an Open Space Use Agreement. The County Assessor has reviewed the proposed use and finds that the baseball complex qualifies as a park or recreational open space use. The attached Open Space Use Agreement would obligate the landowner to maintain this use or another qualifying use for a minimum often additional years. RECOMMENDATION: If the Board concurs that the proposed park or recreational use is appropriate for open space land use taxation, the Board can adopt the attached resolution to authorize the County Executive to execute the Open Space Use Agreement. If approved, the property will qualify for open space land use taxation for the next ten tax years. 02.154 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: ACE Program Status SUBJECT/PROPOSAL/REQUEST: Update on 2001-02 and 2002-03 Applications STAFF CONTACT(S): Messrs. Tucker, Foley, Cilimberg AGENDA DATE: October 9, 2002 ACTION: CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: INFORMATION: X ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The ACE program currently includes two separate applicant pools - those from Year 2001-02 and Year 2002-03. The Board last reviewed the status of the processing of these applications at its August 7, 2002 meeting. Staff indicated periodic updates would be provided. DISCUSSION: Properties from the Year 2001-02 pool (Attachment A) were recently appraised and are currently being reviewed by the Appraisal Review Committee (ARC). It is anticipated that the ARC will approve these appraisals by October 15 and the Board will be asked to approve the appraisals at its November 6th meeting. This will allow the "Invitation to Offer to Sell" to be mailed to applicants by November 15 with a response from each landowner after the 30 days they are given to review the offer. Until the landowners become aware of the value of their easements and are "invited to offer to sell" an easement, staffcannot determine how many landowners will actually sell easements to the County. Based on the appraisals received on September 17, appraised values are 95% of what staff projected last spring, thus keeping us in line with the $1,000,000 annual ACE budget. Though staff st had anticipated a closing date on or around September 1 for the purchase of development rights and easement acquisitions for Year 2001-02 applications, the ACE Committee and staff now believe the original timeline cannot be met. In August, staff noted for the Board that delays largely attributable to selecting and contracting with an appraiser would push the closing date to at least November, 2002. Due to the length of time that the appraisals actually took due to changes in the number of properties being appraised (as per the Board's July 3, 2002 Consent Agenda), it now appears that the closings date will not take place until about February 1,2003. For Year 2002-03, the application deadline was September 1,2002. Eight applications were received. Of these, seven were new applications and one was automatically re-enrolled from last year's pool. Compared with previous years, the number of applications and total acreage in them is similar (see Attachment A). In general, the properties are concentrated in the eastern half of the County from Totier Creek near Scottsville to Preddy Creek near Stony Point. They range in use from forested mountain land to intensively managed cropland. In the three weeks since the deadline, staff has been evaluating the applications and scoring them according to the ranking evaluation criteria. Staff is in the process of determining "theoretical" development rights for these properties. Once determined, staffwill assess the number of "usable" development rights- a calculation used to determine the number of development rights eliminated. At that point, all of the ranking evaluation criteria will have been scored and staff will rank the individual properties and request approval of the "final ranking" from the ACE Committee. The ACE Committee will then submit a recommendation to the Board for approval of the ranking and a request to appraise however many properties it is determined ACE can afford. Staff continues to believe that the schedule provided the Board in August (see Attachment B) is valid and easements will close by October 31,2003. RECOMMENDATION: This is provided for the Board's information. Staff can review more particular elements at the Board's November 6th meeting. ATTACHMENT A ACE ApplicationS for Year 2001-02 (deadline of August 1st, 2001) (15 points are needed to qualify for ACE Funding) Applicant Tax Map (Acreage) Points Travel/Tourism Value* Pollock, JasonK. TM 71, Parcel 26 ( 21.730 acres) (Batesville) TM 85A, Parcel 1 ( 23.990 acres) TM 85, Parcel 22B ( 56.710 acres) Total (102.430 acres) 24.70 no Byrom, RobertM. TM 6, Parcel 16 (115.350 acres) (Boonesvflle) TM 6, Parcel 29 (484.240 acres) Total (599.590 acres) 23.10 yes W. B. M¢Caskili ** TM 72, Parcel 51 (167. 602 acres) 22.48 (Batesville) no Hughes, MassieE. TM 84, Parcel 57 ( 29.200 acres) 20.18 (Batesville) TM 84, Parcel 58 ( 89.620 acres) Total (118.820 acres) no Clarke, GladysW. TM 55, Parcel 7 ( 54.700 acres (Greenwood) TM 55, Parcel llA ( 65.550 acres Total (120.250 acres 19.53 no MillwoodLandTrust TM 65, Parcel 86 (105.360 acres (Cismont) 19.28 yes Hart, James ** (Buck Island Creek) TM 103, Parcel 31 (227.030 acres 17.55 no Scharer, Edward ** TM 93, Parcel 5lA (113. 725 acres) 17.45 yes (Boyd Tavern) MehringFamilyLP TM 97, Parcel 2lB (565.363 acres) 41.96 dropped from (Covesville) consideration * Travel/tourism value is determined by the presence of specific elements from the ranking evaluation criteria making certain properties eligible for funding from the transient lodging tax. The specific criteria include the following: contains historic resources or lies in a historic district; lies in the primary Monticello viewshed; adjoins a Virginia scenic highway, byway or entrance corridor; lies on a state scenic river; provides mountaintop protection. ** Re-enrolled from last year. ACE Applications for Year 2002-03 (deadline of September 1st, 2002) (15 points are needed to qualify for ACE Funding) Applicant Points Mehring Family** (Covesville) Tax Map (Acreage) TM 97, Parcel 2lB (565.363 acres Kindriek, AllanB. TM 20, Parcel 10A ( 10.390 acres (E~lysville) TM 32, Parcel 1 (155.520 acres TM 32, Parcel 2 ( 87.260 acres Total (253.170 acres Ilenley, JosephT. TM 6, Parcel 15 (296.370 acres (Boonesville) TM 6, Parcel 17 (186.630 acres Total (483.000 acres DeFalco, Noah TM 129, Parcel 10A (422.875 acres (Scottsville) TM 130, Parcel 7 (227.430 acres Sudduth, Charles G. (Preddy Creek) Marshall, Philip S. (Cismont) Crawford, Darlene (Barboursville) Swanson, Michael (Barboursville) Total (650.305 acres TM 22, Parcel 9 TM 22, Parcel 10B TM 22, Parcel 12 TM 22, Parcel 12A TM 22, Parcel 16 TM 34, Parcel 51 Total TM 36, 13.490 acres 4.480 acres 69.140 acres 64.804 acres 32.770 acres 148.801 acres 333.485 acres Parcel 19 121.216 acres TM 35, Parcel 25 31.654 acres TM 36, Parcel 6A ( 21.670 acres) Travel/Tourism Value* yes no yes no no yes yes yes Eight (8) Applicants 2,465.283 acres * Travel/tourism value is determined by the presence of specific elements from the ranking evaluation criteria making certain properties eligible for funding from the transient lodging tax. The specific criteria include the following: contains historic resources or lies in a historic district; lies in the primary Monticello viewshed; adjoins a Virginia scenic highway, byway or entrance corridor; lies on a state scenic river; provides mountaintop protection. ** Re-enrolled from last year. Summary_ of Applications From First Three Years of ACE Program Year Total Applicants New Applicants Acres 2000-01 eleven (11) n/a 2,453 acres 2001-02 eight (8) six (6) 1,998 acres 2002-03 eight (8) seven (7) 2,465 acres August 11, 2002 PETITION-IN OPPOSITION OF A LEASH LAW We the undersigned do. wish to recognize our decision in opposing the establishment of any new County ordinance mandating a Leash Law along Harris Creek Road. Som~ of the signatures may have appeared on the original petition that was presented by Alice Offie!d in support of a Leash Law along Harris Creek Road (Rt. 720). After further thought and consid~n we wish to change our opinion and support for any type of Leash Law, as well as the signatares of th0~ that were in opposition at the original petition. ~We are taxpayerS,landowners or residents of property that adjoins Harris Creek Road and not Rt. 20 South, which apl~ared on Alice Offield's petition, that was presented to the Albemarle County Supervisors on Augi~ 7, 2002. This petition is being circulated among ali land owners We feel that tiffs is a rtm~l community and should be treated as such. The parcels of land range in various sizes and not ~re-sized lot's as you may find in a subdivision. The majority of signatures are from landowners that have lived along Harris Creek Road for many years and have not s~n any need for a Leach Law ordinance. Why should we be the first non sulxlivisi(m to be strapped with a Leash Law? We understand that there have been only a couple of incidence when a dog may have caused a problem and they have been only recently and were taken care of by the dog behlg removed from om' neighborhood. We ask for the Board Of Supervisor's to say NO to any establishment of a Leash Law along Harris Creek Road. (Rt. 720) Thank You. SIGNATURE ADDRESS SIGNATURE ADDRESS SIGNATURE ADDRESS COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: "Dog prohibited from running at large" ordinance change request for area along Rt.720 (Harris Creek Road) off of Route 20 South (Scottsville District) SUBJECT/PROPOSAL/REQUEST: Public hearing to consider adoption of an ordinance to designate an additional area of the County as one in which" dogs are prohibited from running at large." STAFF CONTACT(S): Messrs. Tucker, Davis, Foley, Ms. AIIshouse AGENDA DATE: October 9, 2002 ACTION: X CONSENT AGENDA: ITEM NUMBER: INFORMATION: ACTION: INFORMATION: ATTACHMENTS: REVIEWED BY: Yes BACKGROUND: According to the County's policy (Attachment A), homeowners may request the Board designate specific areas in which dogs are restricted from "running at large" or what is often referred to as the "Leash" Ordinance. In June, twenty-three property owners who live along or adjacent to Route 790 - Harris Creek Road (located off of Route 20 South in the Scottsville District) submitted a petition to the County Clerk's Office in June requesting that their area of the County along Route 790 be designated as one in which it is unlawful for dogs to run at large. In August, this petition was brought before the Board and the Board agreed to set a public hearing on this issue. DISCUSSION: Attachment B includes a copy of the property owners' petition, related plat information, and maps that indicate the location of the properties owned by those individuals who were approached to sign the petition. At the time of the petition, four property owners who were contacted did not want the specific area to be designated; and four property owners who were contacted were unsure. Attachment C is a map of the specific area, which could be the one designated as the official area in which it is unlawful for dogs to run at large. This appears to be the first time residents of a rural area of the county, that is not considered to be within a designated subdivision, have petitioned for this ordinance. The proposed area includes 28 parcels, a total of 132 acres. Fifteen of these parcels, over half the area, are less than 3 acres in size. Only three parcels in the area are over 10 acres in size. The remainder parcels are between three acres and ten acres in size. Attachment D is a "Frequently asked Questions" information sheet that helps to clarify the terminology and enforcement procedures regarding the "dog at large" ordinance. RECOMMENDATION: Staff recommends that if the Board views the request favorably after the public hearing is conducted, the Board adopts the attached ordinance (Attachment E) to amend the county code to include this area as one in which it is unlawful for dogs to run at large. 02.162 · ;FO WHOM ADDRF_~SED: You have inquired.~ ~'County/s Dog ".Leah" law. In order to q,.at'~fy fl0r.addition .' under this law,. you must live ~n ~m area that can be readily identkqed by p]at which ha~ been recorded in the Office of he Clerk of' thc Circuit Court (this would apply to most areas referred to as "$cfb4Lv~sions"). The request would need to apply im all recOrd'ed. · sectiom of a pagticula.r subdivi~on, In o~er'.for this request m be placed'on the'Board of Superv!sors agenda for discuss, ion,' · . y~u will need rd fi_~sh dm following'informar2on: 1 )' A petition(s) which has been Mg~xed by a majority of those persons currently'rcsic[ing in the mbdivision (petition forms a~e att;robed), " 2) . A. c~py (c6p!e's.) of thc recorded plat. ~ist/ng deed book and page numbers for the recording. Th.e pla~ ,should be 'ma):ked to indicate thc nmnber of homes in ti-re subc[ivis!or~; those persons.s~gning m favor; those persons opposed; those PersOns who could not, be contac~e'd or who re-fxk*ed to sign; tile number of varant lots~ When alllof th/s information has been obtained, fomvard same. to the Clerk co the Bo~rd, 40I 'Mclntire Road, Charlottesville, Virginia, 2.2902-4596, The. request '~ll then placed on tt3.e, next. ~wailable a. gemk5 of the Board. for discussion. At that time,.' the Board may order a public heari.ng advertised for a ~;ure date whi.ch cymnot be nearer than. three' .weeks-d6e to advcrff~ing constraints.. At the public hearing the Bo;mt wi]i take comments fix~m anyone wi~h'mg to ~peak, eRher in favor or in opposition, m. the request. After that part. of tht/ process is '¢ompieted, the Board may adopt Oie ddverdsed 'ord~mmce (a copy of the ordinance 'is attached). YOu may atso wish..to in,btm your represenm, five on the' Boaxd of S{tpervisor.~ that' you are co ntemptating this ax_~on, · E2a W, Ca.rey, Clerk 'Attac~me'nts PETITION FOR DOG "LEASH" ORDINANCE We, residents of · · (sul~lvision or other' area), respect'~. IJy. request that the Albemarle County I~oatd of Superv~sem include this area under t~e pro¥isions of COunty C~de Sec~on ,t-213(a) v~ich ma~es it ur~l'awful for' any dog-tO mare, ru_n, or self, hunt offof the property o! i~ o~-~...er or cuStodiar~ and hot b'e under the. c~e~. s or cus(~odien's ' .~nrned~"pontrol~ 'the law comm(~n[y referred to a~ the 'Leash' 'Ordinance. 2 · NAME (Please pd'nt cleady) 3 5 27 ?.8 29 30 6 3'1 7- 32 ~ 33 I0 35 1.2 37 ~t3 3~ 39 14 16 41 42 18 43 1{~ 44 20 '45 . . 23 47 48 49 25 (Sheet-No. of__ Sheets) Dal~: Juno g, 2002 T~: l:lom'd o F SupemJso~ ofA~bemarl¢ Coumty O§-P-.?-O2P]2:70 RCVD 1622 I-lards Creek Rea4 Charlottesville, VA 2,2902 Wanda May~ 1522 l-lenin (h,~elc Re ad C_harlottesville, VA 22902 We, the ~_f0i ni ng property owners on. Rt. 720 ll~d.s Creek. Ko'ad off of Ro.u.tc 20 South (iS col.ksv~Iie Disl2-k~),. are p efitioning for a Dog "Lemsh" Ordintmce.. On June 6, 1, Alice Offielck cai]ed our 8upelv/~r for the Scotmvi I.le District, Lirtdaay Do-rd.¢r, and explained to him that we ae irying to got'the petition tbr a Dog '%eaalf' OrRioaaee on lR.t. 720. Map l - will indicate where the prc~. arty is located in .Albemarle Cou-uly. 'Map 2- MIl indicate in red (kc properties fttal, arc using Rt. 720 to ga~ access to theLr prope~-ty.. IlJghl_[ghted in yellow is Rt. 720. The area~ marked in blue arc aZljoinmg property owners who are in agreemem xadth the Dog '~Leash" Ordinance petition. Map 3'- w~O indioate ~he ([$.'cisioas o£all prop,,'rly owr~ra- on tho Dog "Lcash'"Orxtinaur~. Yellow = yea ... (.~'een = no Blu~-=- umle. c/ded Or .a~gc =[TiOd t~ cenCact Red = v}xcant In.between. flledark blue 1Mas are the property' om ca~ Rt. 720. Y¢~ = 115. No '-" 4 IJndoc~.d_e~d = 4 Td~d ~:o conrac[ -- 2 Vacant = i Smxou_nd[ng the blue tines~ marked in 20re]low, m'e p,'operty ownem who adjofn ou.r proper, ty that' ~re in ageeinem. Marked.in b~m~¢ are the property owners 1 in,ye bee-o_ unable to ecmtact. OnRtJ 720 we have 25 propertiea anc128 housem Just'about eve,y house has al least one dog m~d othea-s more"(¢stinm'm number ef dogs seen 36) jus~ onRt. 720. Everyone in the neig]~bm'hoad walks RI.. 720. The honqe~ are ¥c,y close togcthc!; and neighborbo6d ckikben vbit back and . fbrth 1Detweea homes] We l~ave called the Game Warden in tim past abrupt aggm,~ix/e dogs 'aRer flint talking lo (l~e dogs' owners, but we co~.!.bme, la h~ve ~ problem. We feel the-Dog ~Leash" Ordintmce will make the home owners ('md dog owners who rent property i.n the afl. a) more reasonable for their dogs and pmteat neighborhood chilean and anyone who w~[k~ From agg~:essi'~c dog& · Encloa~t is the Petition for Dog "Lear, h" Or(tinarme and.Map¢ that indicate property loc,',.tion~ and who agrees or 4isagn,ee~. with petition. County of Albemarle 3~C ALBEMARLE OOUNTY '25. 28 3~ 33 37 ~9 40 ,ii ,24 43 (Sheet. N~, .4. r~ 27 '2~-'.' 30 31 33 35 3?' 4O 42 44' 4~ 4~ 47 $Aeel~) /2z)B 2t6 C ~V/ 32 .... ~ (Pace ~0 Attachment D Frequently Asked Questions "Dogs Running at Large" Regulations Albemarle County Code, section 4-213. 1. Question: In an area of the County designated as" an area where dogs cannot run at large," do dogs have to be on leashes? Answer: No, dogs do not have to be on leashes. They must simply be under the immediate control of an owner or a custodian. 2. Question: What does "immediate control" mean? Answer: The dog is controlled by his owner or custodian by use of controls such as voice, fencing, or a leash. 3. Question: Could a neighbor be considered a custodian of a dog while the dog is on the neighbor' s property? Answer: Yes, neighbors could allow a dog to be on their property and agree to be the custodian of that dog while the dog is on their property. 4. Question: Are dogs allowed to self-hunt or roam free (without being under immediate control) on their owner' s or custodian' s property? Answer: Yes. 5. Question: Ifa person is convicted of allowing his or her dog to run at large, what is the fine? Answer: Upon conviction, the person shall be fined not less than five dollars and not more than $25.00. Persons shall also be responsible for any related court costs. 6. Question: Who enforces this law? Answer: The County's Animal Control officers. 7. Question: What if a resident sees a violation and calls the Animal Control Officer, but by the time he or she gets there, the dog is gone? Answer: Animal Control Officers are required by law to observe the violation. If the violation does not occur in their presence, then they will need a witness (willing to go to court) to assist in obtaining a warrant. Citizens can also obtain a warrant for violation of this order themselves. Draft: August 14, 2002 ORDINANCE NO. 02-4( ) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, 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 4, Animals and Fowl, Article II, Dogs and Other Animals, Division 2, Running At Large, is hereby amended and reordained as follows: By Amending: Section 4-213 In certain areas. CHAPTER 4. ANIMALS AND FOWL ARTICLE II. DOGS AND OTHER ANIMALS DIVISION 2. RUNNING AT LARGE Sec. 4-213 In certain areas. A. It shall be unlawfial for the owner of any dog to permit such dog to run at large at any time within the following designated areas of the county: (1) University of Virginia grounds lying within the county. (7-19-73) (2) Orchard Acres Subdivision, Crozet, as platted and put to record in the clerk's office of the county: Section 1, Deed Book 322, page 146; section 2, Deed Book 471, page 401. (7- 19-73) (3) Woodbrook Subdivision as platted and put to record in the clerk's office of the county: Section 1, Deed Book 358, page 297; section 2, vacated, Deed Book 414, page 115; section 3, Deed Book 386, page 39; section 4, Deed Book 397, page 177; section 4A, Deed Book 408, page 215; section 5, Deed Book 402, page 111; section 6, Deed Book 408, page 215; section 7, Deed Book 419, page 359; section 8, Deed Book 459, page 209; section 8A, Deed Book 481, page 231. (8-22-73) (4) Georgetown Green as platted and put to record in the clerk's office of the county in Deed Book 440, page 93. (9-26-73) (5) Crozet areas, beginning at a point, a comer common to parcels 96, 46 and 45B of section 56 of the county tax maps; thence in a westerly direction and 45B of section 56 of the county tax maps; thence, in a westerly direction along the southem boundaries of parcels 45B and 39, section 56 of the county tax maps to the centefline of State Route 240; thence with State Route 240 north to the intersection of the northeastem comer of parcel 11 of section 56 of the county tax map; thence, in a westerly direction with the northem boundary of parcel 11 to a comer with parcel 1 OD of section 56 of the county tax map; thence, in a southerly and westerly direction with the eastem and southem boundaries of parcels laD, la and 9 of section 56 and parcel 69 of section 55 to a comer with parcels 69 and 7lA of section 55; thence, with the boundaries of parcel 7lA of section 56 in a southerly, westerly and northerly direction to the comer with parcel 7aF of section 55; thence, in a westerly direction with the southem boundaries of parcels 7aF, 72 (13), and 72B of section 55 to the southwestem comer of parcel 72B, a comer common with parcels 74 and 75 of section 55; thence, with the eastem boundary of parcel 74 in a northerly direction to the center of State Route 691 and continuing in a northerly direction across State Route 691 and along the eastem boundary of parcel 66 of section 55 to a comer with Orchard Acres, (section 55C); thence, with Orchard Acres in a clockwise direction to its intersection with the Chesapeake and Ohio Railway and continuing across the railway to its northem right-of-way; thence, in an easterly direction along the C & 0 right-of-way to its intersection with the westem boundary of parcel 51 of section 55 extended; thence, in a northeasterly direction across State Route 788 to its intersection with the westem boundary of parcel 51 of section 55; thence, in a northeasterly direction along the westem boundaries of parcels 51, 50, and 49 section 55 and parcel 1 of section 56 to a comer with parcel 48 of section 55; thence, in a northwesterly and northeasterly direction along the southem boundary of parcel 48 of section 55 and the southem and westem boundary of parcel 47 of section 55 continuing in a northeastem direction along the westem boundaries of parcels 1, 3 and 5E of section 56 to a comer with parcel 5E of section 55, parcel 17 of section 40 and Sunrise Acres (section 40A); thence, with Sunrise Acres in a clockwise direction to the intersection with the centefline of State Route 810; thence, in a southwesterly and south-easterly direction with State Route 810 to the intersection with the southem boundary of parcel 64 of section 56; thence, in an eastem direction with the southem boundary of its inter-section with parcel 66 of section 56; thence, in a southerly and easterly direction around the westem and southem boundaries of parcel 66 of section 56 to its intersection with parcel 66B of section 56; thence, in an eastem direction along the southem boundary of parcel 66B, section 56, to a comer with parcel 58 of section 56A (2); thence, in a southerly and easterly direction along the westem boundary of parcel 58 to section 56A (2) to its inter-section with State Route 240 and continuing across State Route 240 and parcel 60 to section 56A (2) and the C & 0 Railway to a comer common to parcels 67 and 68 of section 56A (2) on the southem right-of-way of the C & 0 Railway; thence, with the southem right-of-way of the C & 0 Railway in a westerly direction to its intersection with a comer common to parcel 58 of section 56 and parcel 7lB of section 56A (2); thence, in a southerly and easterly direction along the westem and southem boundary of parcel 58 of section 56 to a comer with parcel 57A (1) of section 56; thence, in a southerly and easterly direction along the westem and southem boundary of parcel 57A (1) of section 56 and the southem boundary of parcel 57 of section 56 to a comer with parcel 55 of section 56; thence, with parcel 55 of section 56 in a northeasterly direction to a comer with parcel 54 of section 56; thence, in a southeasterly direction with the southem boundary of parcel 54 of section 56 to its intersection with parcel 48 of section 56; thence, in a southeasterly and southem direction along the eastem boundary of parcel 48 of section 56 to its comer with parcel 47 of section 56; thence, in a southerly direction along the eastem boundaries of parcels 47 and 46 of section 56 to the point of beginning. (6) Jefferson Village Subdivision as platted and put to record in the clerk's office of the county in Deed Book 449, page 637 and Deed Book 452, page 87. (12-19-73) (7) Camelot Subdivision as platted and put to record in the clerk's office of the county in Deed Book 450, pages 127 through 129, Deed Book 545, page 68 and Deed Book 653, page 79. (1-23-74; 5-21-86) (8) Sherwood Manor Subdivision as platted and put to record in the clerk's office of the county in Deed Book 504, page 114 and Deed Book 514, page 505. (1-23-74) (9) Four Seasons as platted and put to record in the clerk's office of the county in Deed Book 467, page 378 and Deed Book 481, page 417. (3-27-74) (10) Earlysville Heights Subdivision as platted and put to record in the clerk's office of the county in Deed Book 452, page 165 and Deed Book 491, page 3. (3-27-74) (11) Westmoreland Subdivision as platted and put to record in the office of the clerk of the circuit court of the county, as section 1, Deed Book 402, page 91; section 2, Deed Book 414, page 29; section 3, Deed Book 419, page 265, and section 4, Deed Book 423, page 19. (5-22-74) (12) Hessian Hills Subdivision as platted and put to record in the office of the 2 clerk of the circuit court of the county, as section 1, Deed Book 316, page 254; section 2, Deed Book 327, page 327; section 3, Deed Book 370, page 145; Deed Book 379, page 365 and section 4, Deed Book 378, page 107. (10-9-74) (13) Knollwood Subdivision as platted and put to record m the office of the clerk of the circuit court of the county, m Deep Book 272, page 3. (Does not include Old Forge Road or Hessian Hills Apartments.) (10-9-74) (14) Stonehenge Subdivision as platted and put to record m the office of the clerk of the circuit court of the county, m Deed Book 543, page 409; Deed Book 545, page 660; Deed Book 548, pages 326, 345, 346, 347, 348, 522 and Deed Book 550, page 320. (1-22-75) (15) Queen Charlotte Subdivision as platted and recorded m the office of the clerk of the circuit court of the county, m Deed Book 395, page 6. (3-10-76) (16) Country Green Apartments as platted and recorded m the office of the clerk of the circuit court of the county, m Deed Book 453, page 553. (12-7-77) (17) Oak Hill Subdivision as platted and recorded m the office of the clerk of the circuit court of the county, m Deed Book 360, page 105; Deed Book 362, page 22; Deed Book 391, page 483; Deed Book 396, page 291; Deed Book 398, page 317; Deed Book 401, page 228; Deed Book 405, page 433; Deed Book 441, page 299 and Deed Book 468, page 85. (5-22-78) (18) Westgate Apartments (County Tax Map 61, parcels 42, 42C and 42D) as platted and recorded m the office of the clerk of the circuit court of the county, m Deed Book 497, page 636; and Deed Book 529, page 147. (5-22-78) (19) Solomon Court Apartments (County Tax Map 61, parcels 42 and 43D) as platted and recorded m the office of the clerk of the circuit court of the county, m Deed Book 349, page 390; Deed Book 353, page 145 and Deed Book 430, page 181. (5-22-78) (20) Carrsbrook Subdivision as platted and recorded m the office of the clerk of the circuit court of the county, m Deed Book 357, page 55; Deed Book 361, page 127; Deed Book 376, page 224, Deed Book 380, pages 249, 251 and 253; Deed Book 384, page 27 and Deed Book 387, page 469. (6-21-78) (21) Deerwood Subdivision as platted and recorded m the office of the clerk of the circuit court of the county, m Deed Book 426, page 457; and Deed Book 455, page 16. (6-21-78) (22) Greenbrier Heights Subdivision as platted and recorded m the office of the clerk of the circuit court of the county, m Deed Book 550, page 601. (10-7-81) (23) Huntwood Subdivision as platted and recorded m the office of the clerk of the circuit court m Deed Book 728, page 377; and Deed Book 728, page 378. (5-13-87) (24) Hollymead as platted and recorded m the office of the clerk of the circuit court for the following areas: Sections 1 and 2 m Deed Book 531, pages 309 through 313; section 3 m Deed Book 714, page 444; Hollymead Square m Deed Book 633, page 330; tax map 46, parcel 28G m Deed Book 418, page 440; tax map 46, parcel 26B2 m Deed Book 741, page 304; and tax map 46B1-01-1 m Deed Book 489, page 381. (9-16-87) (25) The urban area of the county, the communities of Hollymead and Crozet and the village of Scottsville, all as defined m the Comprehensive Plan for Albemarle County, Virginia, and as shown on a map which is on file m the office of the clerk to the board of supervisors. (11-4-87) 3 (26) Waverly Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 697, page 382; and Deed Book 781, pages 267 and 270. (12-16- 87) (27) Whipporwill Hollow as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 643, pages 285 to 292; Deed Book 644, pages 269 and 270; Deed Book 646, pages 220 to 221; Deed Book 657, pages 789 to 790; Deed Book 659, pages 561 to 565; Deed Book 694, pages 544 to 545; and Deed Book 867, page 253. (12-16-87) (28) Key West/Cedar Hills Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 353, pages 193 to 197; Deed Book 365, page 202; Deed Book 371, page 474; Deed Book 388, page 514; Deed Book 393, page 417; Deed Book 410, page 577; Deed Book 420, page 259; Deed Book 505, page 607; Deed Book 530, page 351; Deed Book 543, page 114; Deed Book 661, page 44; Deed Book 692, page 453; and Deed Book 809, page 623. (9-7-88) (29) North Pines Subdivision as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 703, pages 742, 743 and 744. (1-17-90) (30) The Meadows in Crozet as platted and recorded in the office of the clerk of the circuit court of the county, in Deed Book 651, page 149. (8-8-90) (31) Milton Heights Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County, in Deed Book 343, page 64. (8-17-94) (32) Shadwell Estates Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County, in Deed Book 339, page 458. (8-17-94) (33) Thurston Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County, in Deed Book 637, page 456. (12-7-94) (34) Glenmore Planned Residential Developmem as recorded in the Office of the Clerk of the Circuit Court of the County in Deed Book 1074, page 203 and Deed Book 1209, page 257. (1-4-95) (35) Peacock Hills Subdivision as recorded in the Office of the Clerk of the Circuit Court of the County in Deed Book 589, pages 205-212; Deed Book 708, pages 286; Deed Book 777, pages 039; Deed Book 904, pages 182, Deed Book 960, page 174; Deed Book 1025, page 610; Deed Book 1123, pages 071; Deed Book 1189, page 407; Deed Book 1310, page 128. (9-6-95) (36) Lexington Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County in Deed Book 564, page 088. (3-12-97) (37) Bedford Hills Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County, in Deed Book 365, page 212. (12-2-98) (38) Westmom Subdivision as platted and recorded in the Office of the Clerk of the Circuit Court of the County, in Deed Book 1513, page 201, and in Deed Book 1617, page 510. (39~ Certni_n nnrc, eN n!cmc, n nc~rti_cm c~fRcmte 720 (Hnrri_~ Creak Rc~nd~ retarded iu the 3Jhemnr!e Cnn_n_tv Circnit Cnnrt C!erk'~ n~ce n~ fn!!nw~' tnx mnn !8 nnrce! M i_n_ Dead Bnnk _9042 nnc, e 7!6' tn× mnn _9_9 i_n_ Dead Bnnk 487 nnc, e 435' tn× mnn _93 i_n_ Demd Bnnk 788 nnoe 258' tnx mnn 23 nnrc, e! A in Deed Bnnk 790 nnoe 623' tnx mnn 23 nnrc, e! B in 4 Deed Bank !709 n~c,e !57' t~x m~n 23 n~rc, e! C i_n Deed Bank !789 n~c,e 57!' t~x m~n 23 n~rc, e! D in Deed Bank 795 n~c,e !44' t~x m~n 24 in Deed Bank 290 n~c,e 498' t~x m~n 24 n~rc, e! A in Deed Bank !433 n~c,e 29!' t~x m~n 24 n~rc, e! B in Deed Bank !644 n~c,e 580' t~x m~n 24 n~rc, e! B! i_n Deed Bank !273 n~c,e 268' t~x m~n 24 n~rc, e! B2 in Deed Bank 397 n~c,e 234' t~x m~n 24 n~rc, e! D i_n Deed Bank 2!83 n~c,e 48' t~x m~n 26 in Deed Bank 2039 n~c,e 669' t~x m~n 26 n~rc, e! B in Deed Bank !4!0 n~c,e 664' t~x m~n 26 n~rc, e! C i_n Deed Bank 640 n~c,e !95' t~x m~n 32 in Deed Bank ! !28 n~c,e 437' t~x m~n 32 n~rc, e! A in Deed Bank !924 n~c,e 46' t~x m~n 32 n~rc, e! A! i_n Deed Bank !924 n~c,e 46' t~x m~n 33 n~rc, e! C in Deed Bank !805 n~c,e 494' t~x m~n 33 n~rc, e! D in Deed Bank 736 n~c,e 49!' t~x m~n 33 n~rc, e! D! in Deed Bank 408 n~c,e !47' t~x m~n 33 n~rc, e! D2 in Deed Bank ! !27 n~c,e 636' t~x m~n 33 n~rc, e! D3 in Deed Bank !5!2 n~c,e !72' t~x m~n 33 n~rc, e! E in Deed Bank !554 n~c,e 22' t~x m~n 33 n~rc, e! F i_n Deed Bank 840 n~c,e 506 t~x m~n 38 in Deed Bank !250 n~c,e 452' t~x m~n 38 n~rc, e! A in Deed Bc~c~k !0!4 n~c,e 433 ~nd ~!! c,c~ntim~cm~ ri_c, ht c~fw~v B. For the purposes of this section, a dog shall be deemed to be running at large while roaming, running or self-hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control. Any person who permits his dog to nm at large shall be deemed to have violated the provisions of this section, and, upon conviction, shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). It shall be the duty of the animal control officer to enforce the provisions of this section. (7-19-73; 8-22-73; 9-26-73; 11-15-73; 12-19-73; 1-3-74; 1-23-74; 3-24-77; 5-22-74; 10-9-74, 1-22-75; 3- 10-76; 4-21-76; 12-7-77; 5-22-78; 6-21-78; 10-7-81; 5-21-86; 5-13-87; 9-16-87; 11-4-87; 12-16-87; 9-8- 88; Ord of 1-17-90; Ord. of 8-8-90; Ord. No. 94-4(2), 8-17-94; Ord. No. 94-4(3), 12-7-94; Ord. No. 95- 4(1), 1-4-95; Ord. No. 95-4(2), 9-6-95; Code 1988, § 4-19; Ord. 98-A(1), 8-5-98; Ord. 98-4(1), 12-2-98; Ord. 00-4(1), 5-3-00; Ord. 02-4(1), 9-4-02) State law reference--Authority of county to adopt this section, Va. Code § 3.1-796.93. I, Ella W. Carey, 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 Mr. Bowerman Mr. Dorrier Mr. Rooker Mr. Martin Mr. Perkins Ms. Thomas Aye N~y Clerk, Board of County Supervisors September 26, 2002 Dr. Yong I. Kim Korean Community Church 2480 Spring Brook Drive Charlottesville, VA 2290'1 RE: SP-2002-035 Korean Community Church - Expansion SP-2002-047 Korean Community Church - Floodplain Crossing Tax Map 32, Parcel 22K1 Dear Dr. Kim: The Albemarle County Planning Commission, at its meeting on September 17, 2002, unanimously recommended approval of the above-noted petitions to the Board of Supervisors. Please note that this approval is subject to the following conditions: $P-2002-035 Korean Community Church - Expansion: 1. The Korean Community Church shall be operated in general accord with the justification provided with the application submitted for SP-2002-035, included herein as Attachment B. The capacity of the church facility will not exceed 150 individuals. No daycare or church school activities are intended with this special permit. Changes to this plan of operation may require an amendment to this special use permit. 2. At the time of site development, all requirements of the Virginia Department of Transportation regarding relocation of the access road to align with the North Fork Research Park entrance across Route 29, furnishing of signal components for the eastern side of the existing intersection shared with the research park, installation of a turn and taper lane along Route 29, and other requirements described in correspondence from VDOT dated August 1, 1997, February 10, 1997, and June 26, 2002, shall be met. It is anticipated that the applicant will work with the Towers Land Trust and other property owners to the south to equitably share in the cost of the necessary improvements to the eastern side of the above-described intersection. 3. At the time of issuance of a building permit, determination of the availability of public water and sewer shall be made by the Director of Planning and Community Development. If water and sewer are determined to be reasonably available, the church shall be required to connect to these utilities. 4. The final site plan shall include a greenway dedication of one hundred (100) feet minimum in width for that area necessary for the establishment of a greenway trail on that portion of the property along the North Fork Rivanna River and its tributary to the north. 5. The use, structure or activity for which this permit is issued shall commence within five (5) years from the date this permit is issued. The term "commenced" shall mean commencement of any structure necessary for the use of the permit or the issuance of the VDOT entrance permit. 6. At the time of site plan submittal, the applicant shall work with the Engineering Department to locate the road access out of the critical slopes, to the extent practical. The Commission also requested that the site plan be brought back to the Commission for their review. Page 2 September 26, 2002 SP-2002-047 Korean Community Church - Floodplain Crossing 1. The Flat Branch crossing shall be used for the remainder of the property O-ax Map 32 Parcel 22K). It is recommended that the crossing of Flat Branch be wide enough to accommodate any future development of the property beyond the proposed church site. 2. The site construction shall not disturb the natural water quality buffer of stream and river valley wooded slopes. 3. Grading within the floodplain shall occur only in association with the relocation of the entrance road from Route 29, and such grading shall comply with all requirements of the Department of Engineering and Public Works, included here as Attachments G and H. 4. The use, structure or activity for which this permit is issued shall commence within five (5) years from the date this permit is issued. The term "commenced" shall mean commencement of any structure necessary for the use of the permit or the issuance of the VDOT entrance permit. Please be advised that the Albemarle County Board of Supervisors will review these petitions and receive public comment at their meeting on October 9, 2002. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, Susan E. Thomas, AICP Senior Planner Cc: Ella Carey Amelia McCulley Jack Kelsey Steve AIIshouse COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: SP 2002 - 035 - Korean Community Church Extension SP 2002 - 047 - Korean Community Church Floodplain Crossing Extension SUBJECT/PROPOSAL/REQUEST: Request to extend two existing special permits (SP 97-03 and 97-46) for an additional five years, to allow development of a church in accordance with Section 10.2.2(35) of the Zoning Ordinance which allows for churches in an RA, Rural Areas, district and to allow crossing of the floodplain by the church access road, in accordance with Section 30.3.6 of the Zoning Ordinance, which allows for landfill permits for flood plain alteration. The property, described as Tax Map 32 Parcel 22K1, contains approximately 5.22 acres, and is located in the Rivanna Magisterial District on the east side of Seminole Trail (Route 29 North), approximately 1/10 mile south of the bridge over the North Fork of the Rivanna River. The property is zoned RA, Rural Areas, and EC, Entrance Corridor, and recommended for Neighborhood Density Residential (3 - 6 dwelling units per acre) in the Comprehensive Plan. STAFF CONTACT(S): Ms. Thomas, Mr. Cilimberg AGENDA DATE: ITEM NUMBERS: Planning Commission, September 17, 2002 Board of Supervisors, October 9, 2002 ACTION: Recommend approval INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: yes REVIEWED BY: BACKGROUND: Special Permits 97-03 and 97-46 were approved with conditions on October 15, 1997 by the Albemarle County Board of Supervisors for a period of five years, to allow construction of a church on a parcel on the east side of Route 29 North, across from the North Fork Research Park. A five-year extension of the original special permit approval has been requested to allow the church additional time to raise construction funds. (see Attachments A, B, C, D. Attachment E is the original staff report.) DISCUSSION: In its application, the church indicates that it has raised sufficient funds to secure a loan for building construction, but states that it can not yet afford to construct the improvements to its access road required by VDOT in connection with the original special permit. (see Attachments F, G and H. VDOT's current comments reference the original comments and thus the same requirements pertain to this extension.) The significant expense involved with the transportation improvements - and the timing of the Towers project - has led the church to request a five-year extension of the original approval. The church has indicated that it intends to work with the Towers Land Trust to jointly improve the access, in combination with Tower's plans for development of its much larger site to the south. A certificate of appropriateness will be required from the Architecture Review Board, prior to final site plan approval. The existing access easement to the property from Route 29 North crosses the Flat Branch floodplain. With development of the church parcel and the much larger property to the south, VDOT will require that the existing access be moved slightly to align with the North Fork Research Park entrance. A special use permit was originally requested and approved to allow fill in the floodplain, in connection with this road relocation. SP 2002-047 is a request to extend the original floodplain special use permit approval for an additional five years. Current and original Engineering comments are included as Attachments I and J. RECOMMENDATION: Staff finds that circumstances relative to the church's special permit extension request have not changed in a manner that would alter staff's original recommendation for approval. Therefore, staff recommends approval of SP 2002-035, a request to extend the existing approval for the church use for an additional five (5) years, with the following conditions: 1. The Korean Community Church shall be operated in general accord with the justification provided with the application submitted for SP 2002-035, included herein as Attachment B. The capacity of the church facility will not exceed 150 members. No daycare or church school activities are intended with this special permit. Changes to this plan of operation may require an amendment to this special use permit. 2. At the time of site development, all requirements of the Virginia Department of Transportation regarding relocation of the access road to align with the North Fork Research Park entrance across Route 29, furnishing of signal components for the eastern side of the existing intersection shared with the research park, installation of a turn and taper lane along Route 29, and other requirements described in correspondence from VD©T dated August 1, 1997, February 10, 1997, and June 26, 2002, shall be met. It is anticipated that the applicant will work with the Towers Land Trust and other property owners to the south to equitably share in the cost of the necessary improvements to the eastern side of the above-described intersection. 3. At the time of issuance of a building permit, determination of the availability of public water and sewer shall be made by the Director of Planning and Community Development. If water and sewer are determined to be reasonably available, the church shall be required to connect to these utilities. 4. The final site plan shall include a greenway dedication of one hundred (100) feet minimum or that area necessary for the establishment of a greenway trail, along the North Fork Rivanna River. 5. The use, structure or activity for which this permit is issued shall commence within five (5) years from the date this permit is issued. The term "commenced" shall mean commencement of any structure necessary for the use of the permit or the issuance of the VDOT entrance permit. 6. At the time of site plan submittal, the applicant shall work with the Engineering Department to locate the road access out of the critical slopes, to the extent practical. Staff recommends approval of SP 2002-047, a request to permit crossing of the Flat Branch floodplain for an additional five (5) years, with the following conditions: 1. The Flat Branch crossing shall be used for the remainder of the property (Tax Map 32 Parcel 22K). It is recommended that the crossing of Flat Branch be wide enough to accommodate any future development of the property beyond the proposed church site. 2. The site construction shall not disturb the natural water quality buffer of stream and river valley wooded slopes. 3. Grading within the floodplain shall occur only in association with the relocation of the entrance road from Route 29, and such grading shall comply with all requirements of the Department of Engineering and Public Works, included here as Attachments G and H. 4. The use, structure or activity for which this permit is issued shall commence within five (5) years from the date this permit is issued. The term "commenced" shall mean commencement of any structure necessary for the use of the permit or the issuance of the VDOT entrance permit. Attachments: A - Area Map B - Plat C - Concept Plan D - Applicant's Justification E - Original Staff report F - 2/10/97 VD©T Letter G - 8/1/97 VDOT Letter H - 6/26/02 VD©T Letter I - 8/20/02 Engineering Comments J- 8/1/97 Engineering Comments SP - 2002 - 035 KOREAN COMMUNITY CHURCH- EXTENSION I inch = 600 feet ATTACHMENT A MidR: :' "' 3 .Zg'O09 3..l~,£g.lcjS ~.." ATTACHMENT B Z ,ZG'O09 0 Q-O 'a,,l~,.Z. go i gS ~. LU ATTACHMENT C _: County of Albem-'le -:- Department of Build~'g Code: I omc~-us~. 9~n /q~--~ $ A TTA ~,,",~'- N,'_o '1 Application for Special Use Permit Project Name La,,- smao ,~ ~'to ~ al~ionT) lis this an amendment to an existing Special Use Permit? Are you submitting n site development plan with this application? E! Ye '~No Contact Person (Whom should we call/wri,~ concerning this project?): Address 2.~ ..~/-;,n~ /~'/~-D)". CityC~a.~LT~-e-~¥?//e-- State Daytime Phone (4'~)' ~25Z '"27& Daytime Phone ~ ~ ~ > Z y~--~O g Fax .. .E-mail I Tax map and parcel ,~,~ ' ~R k: ) . Physical Address {if .a~igned) Does the owner of this property own (o?}~ve any ownership interest in) any abutting property? If yes, please list those tax map and parcel numbers /~ · OFFICE USE ONLY _..,/ ~ , 5/ ./ History: = S~jal ~e Permits: 5P' q~ - 3 ~ ZMAs and Proffers Co.cu~en{ review of ~i{e Dev~lopmen{ ! l~. ~ Yes 401 Mclntire 'Road o:- Charlottesville, VA 22902 -:- Voice: 296-5832 .:o Fax: 972-4126 Section 31.2.4.1 of the Albemarle County Zoning Ordinance states that, "The board of supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use .permitS for uses as provided in this ordinance may be issued upon a finding by the board of Supervisors that such use will not be of substantial detriment to adjacent property, that the Character ofthe district will not be changed thereby and that such use will be in .harmony with the purpose and intent of this ordinance, with the uses permitted'by right in the district, with add!tional regulations provided in section . . ' ; . . · · .. · .~ .~L-~ -- ~: ~,,~.,~;~ ',"- . ~ ;'~ .~L/:-'~.. ~'~ .... ~ ~ ~'W~;~.?2~. . .5.0 of thts ordinance, and w~th the pubhc health; safety and general welfare: · ' .... ~ ~: ~ The items ~;hiCti~°llow ¢/ili'b~ .... fhis form aM provide additional t in its review of ~0~ir request.' If you need assistance filling out these items, staff is availablel · What is the Comprehensive Plan designation for this property? ~vklgcrl-~,~ . ~.r~a :1~, · . · ~ U. How will th~ proposed special us~ affect adjacent prop~y? ~o~ , How will thc proposed s~ciai use affect the ch~act~r or,~,~ district surrounding the property7 How is thc usc in ha~ony with thc pu~osc an~ intent of ~c Zoning Ordinance? How is the use in harmony with thc us~ permitted by right in thc district? What additional regulations provided in Section 5.0 of thc Zoning Ordinance apply to this use? How will this usc promote thc public hcalth, safety, and gcncral welfare of thc community? ~------~'7~6~Z'~'~ ~ 7 Describe your request in detml and include all pertinent information such as the numbers of oersons ' involved in the use, operating hours, and anyUnique features of the use: ~ · ~ .d ' . '. ~i ~ . A~ACHMENTS REQ~D -'provide~two(2) COpi~ of dach: ' . ~ 1.. Recorded plm or bound~ aunty of thc property requested for thc rezoning. If there is no recorded plm or bound~ su~cy, please provide legal description of ~c pmpe~y ~d thc Deed Book and page number or Pla~ Book ~d page number. Nora: If you ~e requesting' a special use permit only. for a portion of thc pro~rty, it needs to be described or delineated on a copy of the plat or surveyed drawing. ~ 2. Owne~hip information - If ownership of thc property is in thc nme of any type of leg~ entity or organization including, but not limimd to, the name of a co~omtion, p~ne~hip or =sociation, or in thc name of a trust, or in a fictitious nme, a document acceptable to the County must be sub.trod cc~fying thru the person signing below h~ ~c authority to do so. '- If the applicant is a conti'act purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a documen.t accgptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: Drawings or conceptual plans, if any. Additional Information, if any. I hereby certify that I own the subject property, or have the legal power to act on behalf-of the owner in filing this applieation..I also certify'that the information provided is tree and accurate to the best of my knowledge. -'Pr-i~ted Nam~/~ .._T_ t~P'~ Date Daytime phone number of Signatory ATTACHMENT E STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Susan E. Thomas September 16, 1997 October 15, 1997 SP 97-03 Virginia Land Trust ~orean Community_ Church) SP 97-46 Virginia Land Trust (Korean Communi .fy Church)- Floodplain Crossing Applicant's Proposal: The Korean Community Church is requesting a special use permit to establish a church of approximately 7,500 square feet on a parcel of 5.22 acres. The congregation currently has 100 - I25 members, and meets Sunday mornings from 6 a.m. to 2 p.m., and occasionally on Sunday and Wednesday evenings from 7 p.m. to 9 p.m. No day care or school usage of the building is proposed: A special use permit is also requested for crossing of the Flat Branch floodplain, which will be necessary to realign the access road to match the proposed crossover relocation to serve the North Fork Research Park entrance. The applicant is also requesting a five year approval term for the special use permit. The two special use permit requests and request for an extended approval term are being reviewed concurrently and are addressed in this staff report. A location map is included as Attachment A. Attachment B is the applicant's special use permit request for the church; Attachment C is the applicant's request for a floodplain crossing. Petition: Petitions to allow construction of a 7,500 square foot church [ 10.2.2.35] and crossing of the floodplain [30.3.6] on approximately 5.22 acres zoned RA, Rural Areas, and Flood Hazard Overlay District, located on the east side of Route 29 North approximately l-1/2 miles north of Proffit Road. This site, described as Tax Map 32, Parcel 22K Lot A, is located in the Rivanna Magisterial District and in the Hollymead Community, a designated Development Area. The applicant is asking the Board of Supervisors for a five year approval term for both special use permits [31.2.4.4] to allow the church congregation to raise sufficient funds for construction. Character of the Area: The proposed site is currently undeveloped. It lies east of the North Fork Research Park which is directly across Route 29 North, and would utilize the research park's relocated crossover for access. The North Fork Rivanna River forms the northern and eastern boundary of the parcel. Flat Branch flows along the western boundary, adjacent to Route 29, and the relocated access wouldrequire crossing the Flat Branch floodplain. Land north of the river and to the south is undeveloped. 9 RECOMMENDATION: Staff has reviewed this request for compliance with the provisions of sections 31.2.4.1 (criteria for approval of special use permits), 30.3.6 (criteria for issuance of a landfill permit for floodplain alteration), and 31.2.4.4 (revocation, alternative time limits for approval of special use permits) of the Zoning Ordinance and recommends approval of the SP 97-03 [church] and SP 97-46 [floodplain crossing]. Planning and Zoning History_: This parcel was created through an exempt plat approved signed January 21, 1997. Comprehensive Plan: The proposed church lies within an area designated Neighborhood Density (6.01-34 dwelling units per acre) in the Land Use Plan. This Neighborhood Density designation extends from the North Fork Rivanna River (located immediately north of this parcel) south for approximately one half mile along the east side of Route 29. From the river north for approximately two miles the land adjacent to Route 29 is designated Industrial Service (Piney Mountain). West of the subject parcel is another large area designated Industrial Service in the Comprehensive Plan (North Fork Research Park). This parcel has river frontage along the North Fork Rivanna River. The Land Use Plan recommends that a greenway be established along the river. This area is also included in the more detailed greenway system plan currently under discussion in the Comprehensive Plan review. Because the proposed trail follows the river, at the base of an area of critical slopes, it would not affect the developable portion of the site. The church has indicated that it would be agreeable to including this greenway dedication on the final site plan. STAFF COMMENT: Once the special use permits have been approved, a site plan will be required and may be approved administratively. Under Section 31.2.4.4 of the Zoning Ordinance, the Board of Supervisors may grant an extension to the usual two year approval term for a special use permit. Staff opinion is that certain uses such as churches, day care, and schools contribute to the well-being and moral fiber of the community.. In this posture, staff review is confined to issues of physical development while other considerations of appropriateness of the use to a given location are a matter of legislative discretion. Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto itself the right to issue ali special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by the Board of Supervisors that such use will not be of substantial detriment to adjacent property_, 2 10 Staff has visited the area and is of the opinion that negative impacts on surrounding uses will be minima[ The major issue is access from Route 29 North. This location must serve as a major access point to properties to the east and south, and as such its initial design and construction will influence a sUbstantial portion of the Hollymead Community, a Development Area. The Virginia Depamnent of Transportation (VDOT) has stated the church's access road must align with the neW research park entrance and furnish traffic signal components for the eastern side of the intersection. Thus, when the church site is developed, the existing entrance will have to relocate approximately 70 feet to the south. Letters received from VDOT are included as Attachments~]~rand E. Minimal conflict is anticipated between the church and research park, and church and adjacent residential area due to differing hours of operation and the: relativ, ely low level of church activity relative to the other uses. Areas to the west in the Hollymead Community and north in Piney Mountain are designated for Industrial Service, and thus might be expected to eventually involve activities of equal or greater intensity than the church. The relocation of the access point to align with the research park will require crossing of Flat Branch and placement of additional fill material in the floodplain on the upstream side. When thenew access is constructed, it appears unlikely that the applicant will remove the fill material currently in place. No negative impacts to adjacent properties are anticipated since the Flat Branch drainage is relatively small and quite deep. The pipe under the access road would be the major constriction to water flow and it is adequately sized at 48". Engineering Department comments are inc iuded as Attachment H. that the character of the district will not be changed thereby, As mentioned above, the area on the east side of Route 29 is designated for Neighborhood Density in the Comprehensive Plan. It is not anticipated that the proposed church will conflict with this future residential use, Similarly, the church is not expected to conflict with the IndustrialService designation to the west and north. and that such use will be in harmony with the purpose and intent of this ordinance, Staff has reviewed the purpose and intent of the ordinance as stated in Sections 1.4, 1.5 and 1.6. Staff finds no conflict with these provisions of the ordinance. Staff notes that this request to establish a church forwards the intent of the ordinance as stated in the following Sections: 1.4.3 "To facilitate the creation of a convenient, attractive and harmonious community;" Relative to the flood plain, the intent and purpose of the ordinance as stated in Section 30.3.1 are ~o restrict the unwise use, development and occupancy of lands subject to inundation which may result in: danger to life and property; public costs for flood control measures and/or rescue and relief efforts; soil erosion, sedimentation and siltation; pollution of water resources; and general degradation of the natural and man-made environment. The landfill activity required to construct the relocated entrance will be limited to that purpose only, and no adverse impacts ar~ anticipated. 3 11 with the uses permitted by right in the district, The church and floodplain crossing as proposed will not restrict permitted residential uses on property to the east and south or industrial uses to the north and west. with additional regulations provided in Section 5.0 of this ordinance, Section 5.0, Supplementary Regulations, of the ordinance does not address the church use or floodplain crossing. and with the public health, safe~ and general welfare No adverse impact on the public health, safety and general welfare of the County has been identified as a result of the church use or floodplain crossing. Staff's primary concerns are related to access, as previously mentioned, and to development of the site and the need to insure that it is adequate to accommodate construction of the church, parking, access, sewer and water. The floodplain districts associated with Flat Branch and the Rivanna River occupy a substantial portion of the parcel, which also contains a large area of critical slopes. The site is not located within the jurisdictional area. However, it lies within an identified Development Area in the Land Use Plan and thus is eligible for inclusion in the jurisdictional area by amendment, but no timetable currently exist for extension of public water and sewer to the site. A water line with capacity to serve the church parcel is located in the median of Route 29, and the Albemarle County Service Authority indicates that costs associated with extending a residential line to the subject parcel would not exceed a standard connection fee. With the requirement of a fire hydrant, however, a larger line and additional fee would be necessary. Under Section 32.7.6 of the Zoning Ordinance, if water service is determined to be reasonably available at the time of site plan application, the applicant would be required to connect to it. The closest existing public sewer is a pump station to the west at the research park entrance, but questions exist as to whether capacity and design are sufficient to extend service to this site. Even if there is adequate capacity, extending the line across Route 29 and, possibly, constructing an additional pump station would be very costly. If sewer service is available to the site by the time the church initiates site development, the applicant will be required to connect to public sewer. It is staff's opinion that development of the research park will exert a major influence on extension of public water and sewer into this area, and this development may require resizing and/or relocation of the existing pump station. The preceding discussion describes the current situation only. Because this area is anticipated to undergo substantial change and development in the near future, staff suggests that the determination of water and sewer availability to this site be made at the time of issuance of the building permit so that the most current engineering information can be used for the determination. Correspondence from the Albemarle County Service Authority is included as Attachment F. 12 The applicant is not applying for site plan approval concurrently with these special use permits, and in fact, the church's request for an extended special use permit term results from the need for additional time in which to raise funds for construction. Based on conversations with the applicant, it does not appear that the site will be developed in the immediate future. Nonetheless, because the future availability of public sewer is unclear, staff has asked the applicant for additional information addressing the suitability of soils for a septic system. The Thomas Jefferson Health District has reviewed this soils information, and determined that the site can support a system if public utilities are not reasonably available at the time of construction. Correspondence from the Thomas Jefferson Health District is included as Attachment G. A commercial entrance to serve the site will be required, and VDOT has stated that when the site is developed, the church's entrance (an easement across Parcel 32-22K which will also serve other properties to the south) must be relocated to align with the research park entrance. VDOT has also determined that a turn and taper lane will be required at the time of site development. The relocation of the entrance will necessitate grading within the floodplain of Flat Branch, and thus the applicant has requested approval for SP 97- 46. The Albemarle County Engineering Department has visited the site, and determined that the additional fill to cross Flat Branch with the relocated entrance wifl not createany negative impacts to the area. Engineering Department comments are included as Attachment H. SUblMARY: The proposed church is appropriately located from a land use standpoint in an area designated Neighborhood Density, with good access from Route 29. No adverse impacts to adjacent residential or industrial uses have been identified from the church use (SP 97-03) or floodplain.crossing (97-46)4 Development of the access from Route 29 will affect a number of other properties in the Development Area, and thus this project has received a higher level of review than a special use permit might Under other circumstances. Staff's position is favorable on the special use permits, and the extension of the approval term to 5 years. RECOMMENDED ACTION: Staff recommends approval of SP 97-03 subject to the following conditions: Recommended Conditions of Approval: The Korean Community Church shall be operated in accordance with the description provided with the application submitted for SP 97-03, included herein as Attachment B. Changes to this plan of operation may require an amendment to this special use permit. At the time of site development, the applicant shall comply with all requirements of the Virginia Department of Transportation regarding relocation of the access road, furnishing signal components for the eastern side of the intersection shared by the research park, installation ora turn and taper lane along Route 29, and other requirements described in 13 correspondence from VDOT dated August 1, 1997 and February 10, 1997, and included herein as Attachments D and E. At the time of issuance of a building permit, determination of the availability of public water and sewer shall be made by the Director of Planning and Community Development. If water and sewer are determined to be reasonably available, the church shall be required to connect to these utilities. The f'mal site plan shall include a greenway dedication of one hundred (100) feet minimum or that area necessary for the establishment of the trail. Staff recommends approval of SP 97-46 subject to the following conditions: Grading Within the floodplain shall occur only in association with relocation of the entrance road from Route 29, and such grading shall comply with all requirements set forth in theAugust 1, 1997 memorandum from the Department of Engineering, included herein as Attachment H. ATTACHMENTS: A - Location Map B - Applicant's Description - SP for Church C - Applicant's Description - SP for Floodplain Crossing D - February. 10, 1997 Letter from VDOT E - August 1, 1997 Letter from VDOT F - September 3, 1997 Memorandum from the Albemarle County Service Authority G - September 3, 1997 Memorandum from the Thomas Jefferson Health District H - August 1, 1997 Memorandum from Department of Engineering A: ~SP9746.RPT 14 DAVID R. GEHR COMMISSIONER ~, ~ --~ ATTACHMENT F COMMONWEALTH of VIRGINIA ........ DEPARTMENT OF TRANSPORTATION 701 VDOT WAY CHARLO~ESVILLE, ~11 ~ G. ~CKER RESIDENT ~GINE~ February 10, 1997 Mr. Ronatd S. Keeler Dept. of Planning & Community Development 401 McIntire Road Charlottesville, VA. 22902 March 1997 Public Hearings Albemarle County Dear Mr. Keeler: o Please find our commen~s listed below for March Public Hearing Submittals. SP-97-01 The Frost Montessori School, Route 20 N. The entrances and existing right turn lane into Broadus Memorial Baptist Church should be adequate for up to 18 children over a two year period. Should the center grow in numbers of students, we may need to look at impact to Route 20 and possible left turn lane requirements. SP-97-02 Mt. Ararat Lodqe, Route 715 A commercial entrance with adequate sight distance of 450 feet in each direction will be required. There may need to be a sight easement or dedication of a 25 foot strip for right of way, which would be preferable across the frontage. SP-97-03 Virqinia Land Trust, Route 29 The information available does not reveal size of congregation and what usage will be in educational building. Is this intended to ser~e as a Day Care Center as well? The site may be impacted by possible Route 29 widening or more so with potential interchange to serve UREF sight along with long. range development on the east side of Route 29. There should be a proffer available for cost share of signal installation on the east side, should there be a signal installed to serve the UREF site. TRANSPORTATION FOR THE 21ST CENTURY 15 Mr. Ronald S. Keeler March Public Hearings Page 2 February 10, 1997 A minimum of a commercial entrance will be required as it exists currently, along with a turn and taper lane. Depending upon usage of existing parcels along with long range planning, the 50' and 30' access easements may not be adequate. If you have any questions, please advise before releasing to the developer. Yot~rs truly, Assistant Resident Engineer HWM/ldw cc: Irma vonKutzleben J. H. Kesterson DAVID R. GEHR COMMISSIONER ATTACHMENT G COMMONWEALTH [ VIRQINIA .... ' ' DEPARTMENT OF TRANSPORTATION 701 VDOT WAY CHARLO~ESVlLLE, 2~11 &' ~. ~KER RESIDENT ~GIN~R August 1, 1997 Virginia Land Trust SP-97-03 Ms. Susan Thomas Dept. of Planning & Community Development 401 McIntire Road Charlottesville, VA. 22902 Dear Ms. Thomas: This site may be impacted by possible Route 29 widening or more so with potential interchange to serve UREF site and the long range plan for development of East side of Route 29. In a shorter time frame period, a traffic signal will be provided by UREF for their development and when this occurs the user of the entrance on the East side of Route 29 will be required to furnish signal components for their side. This can possibly be cost shared with UREF, depending how the two sites develop and when the signal is warranted. A minimum 100 foot taper and 100 foot turn lane should be installed along NBL Route 29, and this to be extended if there is additional development or usage of property. If there are any further questions or concerns, please contact this office. Sincerely, ' · H. W. Mills Assistant Resident Engineer HWM/ldw TRANSPORTATION FOR THE 21ST CENTURY 17 RAY D. PETHTEL COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 701 VDOT WAY CHARLOTTESVILLE VA 22911 ATTACHMENT H JAMES L. BRYAN RESIDENT ENGINEER 6~6~2 Mr. David Benish Dept. of Planning & Community Development 401 Mclntire Road Charlottesville, VA 22902 Site Review Meeting July 2002 Dear Mr. Benish: Below are my comments for the July Site Review Meeting: SP-2002-032 Dan's Automart. Seminole Ln, Route 29 N. (Stephen Waller) No comments SP-01-046 Snow's Rental Units Route 742 (Yadira Amarante) No Comments SP-2002-031 Puopolo Cottage. Route 620 (Steven Biel) A minimum standard commercial entrance must be constructed, and sight distance requirements must be meT. SP-2002-033 Bentivar Subdivision Route 643 (Scott Clark) No comments SP-2002-034 Gillums Mountain Route 708 (Stephen Waller) A m~nimum standard commercial entrance must be constructed, and sight distance requirements must be met. SP-2002-035 Korean Community Church Route 29 (SL~san Thomas) Please see the comments from H. W. Mills, dated August 1, 1997. SP-2002-036 Evergreen Church Route 649 (Joan McDowell) The entrance shown must meet sight distance requirements, and the available sight distance should be shown on the plans. TRANSPORTATION FOR THE 21sT CENTURY 1 8 TO: FROM: DATE: SUBJECT: COUNTY OF ALBEMARLE DEPARTMENT OF ENGINEERING & PUBLIC WORKS MEMORANDUM Susan Thomas, SeniorPlanner (to be in SPIN) Jeff Thomas, Senior Engineer August 20, 2002 Korean Commllnity Church Special Use Permit, SP 02-035 and SP 02-047 ATTACHMENT I The special use permit application (SP 02-047) for the Korean Community Church received on August 9, 2002 has been reviewed. This permit is to allow filling in the floodplain onFlat Branch for construction of an access road~ from U. S. 29 to the proposed church site. SP 02-047 is an extension ofapreviously approved special usepermit, SP 97-046. As noted in our comments dated August 1, 1997 (see attached), the floodplain in this area is associated with backwater effects fi'om the North Fork Rivanna rather than the Flat Branch tributary. Therefore, relocating the existing driveway crossing and increasing the mount of fill to construct an access road should not significantly affect flood levels. A concurrent special use permit application, SP 02-035, is an extension of SP 97-003, to allow the Church construction on the parcel. The Engineering Department recommends approval of SP 02-035 and SP 02-047 with the following conditions. 1. The entrance and Flat Branch crossing are aligned with the North Fork Research Park entrance across U.S. 29, with appropriate signal and turn lane improvements to be incorporated with the improvements provided by UREF. At the time of site development, the applicant shall comply with all VDOT requirements in this regard. 2. The FlatBranch crossing is to be used for the remainderofthepmpe~oy (TMP 32-22K). It is recommended that the crossing of Flat Branch be wide enough to accommodate any future development of the property beyond the proposed church site. 3. The site construction is not to disturb the natural water quality buffer of stream and rivervalley wooded slopes. Attachments: Engineering Department cormnents dated August 1, 1997 Copy: File: 2361 (SP 02-035 & SP 02-047) File: special use permit review 2.doc 19 -/ COUNTY OF ALBEMARLE Department of Engineering & Public Works MEMORANDUM ATTACHMENT J "m- ~4{]L'I TO: FROM: DATE:. RE: Susan Thomas, Senior.Planner Glenn E. Brooks, Senior Engineer I August 1997 Korean Church (Virginia Land TrusO The sketch plan and special use permit application received on 1'8 July 1997 has been reviewed. 'This application is for the church use as well as for access road fill in the floodplain of Flat Branch near its confluence with the North Fork Rivanna River. There is an existing crossing of Flat Branch as shown on the applicant's sketch plan, with a 48- diameier corrugated metal pipe culvert in fair condition. The existing access road flu is not wide enough to accommodate a road under current private or pUblic road standards, nor the commercial traveiway standards of the Zoning Ordinance. Steep wooded river valley slopes surround the proposed site. The sketch plan indicates that the intent is not to disturb these slopes. The floodplain l~vel in this area appears to be dictated by the North Fork Ri~ranna River downstream, rather than the Flat Branch tributary. Thus, relocating and increasing the amount of flu for the access road crossing should not significantly affect flood levels. The water level' downstream of the culvert and access road fill will continue to be dictated by the water level in the North Fork Rivanna River. Upstream of the culvert, in the worst case, water levels will increase above downstream levels enough to push the Flat Branch flow through the submerged culvert; It is recommended a wide.enough crossing of the Flat Branch be provided to accommodate any future development of the property beyond the proposed church property, especially if multiple exit lanes are anticipated at the entrance. A left turning lane may be required within the median on Rt. 29, This can be resolved with the site plan for the church. The University Real Estate Foundation will be installing an entrance at the median break across Rt. 29 and a traffic signal for their North'Fork Research Park. Additional signal faces and phases will be required for the church. '"' The Engineering Department reconunends approval of the special use permits provided that the following conditions are met: The entrance and Flat Branch crossing axe aligned with the North Fork Research Park entrance across Rt. 29, with appropriate signal and turn lane improvements to be incorporated 'with the improvements provided by the University Real Estate Foundation. 2. The Flat Branch crossing is to be used for the remainder of the property (T.M. 3~2-22K). The site construction is not to disturb the natural water quality buffer of stream and river valley wooded slopes. 2O Draft: 09/26/02 ORDINANCE NO. 02-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, 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 Provisions, of the Code of the County of Albemarle are amended and reordained as follows: By Amending: Sec. 2.1.1 Sec. 3.1 Use, Occupancy and Construction Definitions Chapter 18. Zoning Article I. General Provisions Sec. 2.1.1 Use, occupancy and construction Each use, building and structure, whether primary or accessory, shall hereafter be established only in compliance with all applicable regulations of the zoning district upon which the particular use, building or structure is located, except for nonconforming uses and structures as provided in this chapter. Sec. 3.1 Definitions Accessory use, building or structure: A subordinate use, building or structure customarily incidental to and located upon the same lot occupied by the primary use, building, or structure, and located upon land zoned to allow the primary use, building or structure. I, Ella W. Carey, 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 Draft: 09/26/02 Mr. Bowerman Mr. Dorrier Mr. Martin Mr. Perkins Mr. Rooker Ms. Thomas Aye Nay 2 ORDINANCE NO. 02-18(7) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, 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 Provisions, of the Code of the County of Albemarle are amended and reordained as follows: By Amending: Sec. 2.1.1 Sec. 3.1 Use, Occupancy and Construction Definitions Chapter 18. Zoning Article I. General Provisions Sec. 2.1.1 Use, occupancy and construction Each use, building and structure, whether primary or accessory, shall hereafter be established only in compliance with all applicable regulations of the zoning district upon which the particular use, building or structure is located, except for nonconforming uses and structures as provided in this chapter. Sec. 3.1 Definitions Accessory use, building or structure: A subordinate use, building or structure customarily incidental to and located upon the same lot occupied by the primary use, building, or structure, and located upon land zoned to allow the primary use, building or structure. I, Ella W. Carey, 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 six to zero, as recorded below, at a regular meeting held on October 9, 2002. Clerk, Board of County Supervisors Aye Mr. Bowerman X Mr. Dorrier X Mr. Martin X Mr. Perkins X Mr. Rooker X Ms. Thomas X Nay COUNTY OF ALBEMARLE EXECUTIVE SUMMARY 'lO-C. 3-O2A08:3'i R£VD ~3 Accessory Uses and ZTA " les - public hearing SUBJECT/PROPOSAL/REQUEST: Plann. ing Commission action STAFF CONTACT{S): Ms. McCulley; Messrs. Graham and Cilimberg AGENDA DATE: ITEM NUMBERS: October 9, 2002 ACTION: IN FORMATION: Yes CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS.: Yes PLANNING COMMISSION UPDATE: At the public hearing on September 24t~, the Planning Commission recommended approval of these zoning text amendments as recommended by staff (see Attachments I and IIC). This included alternative 2 language proposed for the amendment relating to accessory uses (Z'FA 02-003). This language was recommended by staff because it is more concise and inclusive than alternative 1. RECOMMENDATION: Staff recommends approval of the attached zoning texts as recommended by the Planning Commission. STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: Amelia G. McCulley September 24, 2002 October 9, 2002 ZTA 02-003 TO AMEND THE ZONING ORDINANCE RELATING TO ACCESSORY USES AND ZTA 02-004 TO AMEND THE ZONING ORDINANCE RELATING TO STORMWATER FACILITIES ORIGIN: Planning Commission resolution on August 27, 2002 (Attachment A) based on a recommendation from Zoning and Engineering staff. PROPOSAL: 1. To clarify the existing rule that a lawful accessory use must comply with the zoning regulations applicable to the land on which the accessory use is located, and must be located on land zoned to allow the primary use (ZTA 02-003); 2. To provide for stormwater facilities as a use - a use by special permit in the Rural Areas and a use by-right in all other districts (ZTA 02-004); PUBLIC PURPOSE TO BE SERVED: · While zoning regulates the location of various primary uses of the land, it is good planning to further clarify that zoning also regulates the location of various accessory uses of the land; · The stormwater facilities amendment will preclude further inconsistencies in the interpretation and approvals relating to this use; · This amendment may result in the construction of fewer individual stormwater facilities; · This amendment will more generally allow the location of stormwater facilities based on topography, drainage areas and other practical considerations as opposed to zoning district lines. * It is worthwhile to restate that the stormwater amendment does not change the situation for the more common case in which the stormwater facility is located on property with the same zoning as the primary use it serves. It would continue to be permitted in that case as an accessory use. Instead, the stormwater amendment applies to the case in which the stormwater facility is on property zoned differently than the primary use it serves (i.e. facility on Rural Areas serving a commercially-zoned development). STAFF COMMENT: When the resolution of intent was considered and adopted by the Commission at their meeting on August 27th, one comment in particular was made: we should be mindful of policy implications relating to the stormwater use in the Rural Areas. Engineering, Planning and Zoning staff met to discuss this amendment and the implications. Staff concluded that there are no significant issues relating to the location of stormwater facilities in the Development Areas. Additionally, it is hoped that this amendment will encourage the construction of facilities which serve multiple properties/developments, thereby reducing the land necessary to be devoted to stormwater facilities. With regards to the stormwater use in the Rural Areas, staff concluded that it is most appropriately administered by special permit because it may not be an appropriate use for all properties zoned Rural Areas. Allowing stormwater facilities in the Rural Areas by special permit may limit the proliferation of this use of Rural Areas property and will provide the following review and approval considerations: · A consideration of the impact on any agricultural use of the subject property or of adjoining properties; · Approval conditions which could include location, sizing, design and screening requirements. For example, it could be designed to appear as a farm pond and could be made available for irrigation purposes. Administration / Review Process: The accessory use amendment should not negatively impact the review process; this clarification should facilitate the administration of the ordinance. The stormwater amendment will result in a consistent and predictable administration of the regulations relating to this use. A special use permit requirement will, however, necessitate staff review, Planning Commission public hearing and recommendation, and Board of Supervisors public hearing and legislative action. Housing Affordability: The proposed amendments would not affect housing affordability. Implications to Staffing / Staffing Costs: Staff anticipates little to no implications to staffing and staffing costs as a result of these amendments, except in the case of special use permits for stormwater facilities in the Rural Area which will require staff processing and Commission and Board public hearings. It is anticipated that the frequency of such special use permits will be limited. STAFF RECOMMENDATION: Staff recommends amending the Zoning Ordinance relating to Accessory Use and relating to Stormwater Facilities as shown on Attachments B and C. Attachment A: Attachment B: Attachment C: Resolution of Intent Draft Accessory Use Ordinance Amendment Draft Stormwater Facilities Ordinance Amendment Draft: 09/12/02 ORDINANCE NO. 02-18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE lll, 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 III, District Regulations, of the Code of the County of Albemarle are amended and reordained as follows: By Amending: Sec. 10.2.2 Sec. 12.2.1 Sec. 13.2.1 Sec. 14.2.1 Sec. 15.2.1 Sec. 16.2.1 Sec. 17.2.1 Sec. 18.2.1 Sec. 19.3.1 Sec. 20.3.1 Sec. 22.2.1 Sec. 23.2.1 Sec. 24.2.1 Sec. 27.2.1 Sec. 28.2.1 By special use permit By right By right By right By right By right By right By right By right By right By right By right By right By right By right Chapter 18. Zoning Article IlL District Regulations Sec. 10.2.2 By special use permit The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4: 1. Community center (reference 5.1.04). 2. Clubs, lodges, civic, patriotic, fraternal (reference 5.1.02). 3. Fire and rescue squad stations (reference 5.1.09). 4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16). 5. Private schools. 6. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances, unmanned telephone Draft: 09/12/02 and relay towers, exchange centers; micro-wave and radio-wave transmission substations and appurtenances. 7. Day care, child care or nursery facility (reference 5.1.06). 8. (Repealed 3-5-86) 9. Mobile home subdivisions (reference 5.5). 10. (Repealed 11-11-92) 11. (Repealed 3-15-95) 12. Horse show grounds, permanent. 13. Custom slaughterhouse. 14. Sawmills, planing mills and woodyards (reference 5.1.15 and subject to performance standards in 4.14). 15. Group homes and homes for developmentally disabled persons as described in section 15.1-486.2 of the Code (reference 5.1.07). 16. (Repealed 11-15-95) 17. Commercial kennel (reference 5.1.11 and subject to performance standards in 4.14). 18. Veterinary services, animal hospital (reference 5.1.11 and subject to performance standards in 4.14). 19. Private airport, helistop, heliport, flight strip (reference 5.1.01). 20. Day camp, boarding camp (reference 5.1.05). 21. Sanitary landfill (reference 5.1.14). 22. Country store. 23. Commercial fruit or agricultural produce packing plants. (Amended 11-8-89) 24. (Repealed 11-8-89) 25. Flood control dams and impoundments. 26. (Repealed 11-8-89) 27. Restaurants and inns that are: 2 Draft: 09/12/02 a. Located within an historic landmark as designated in the comprehensive plan, provided: (i) the structure has been used as a restaurant, tavern or inn; and (ii) the structure shall be restored as faithfully as possible to the architectural character of the period and shall be maintained consistent therewith; or b. Nonconforming uses, provided the restaurant or inn is served by existing water and sewerage systems having adequate capacity for both the existing and proposed uses and facilities without expansion of either system. (Amended 11-8- 89; 10-18-00) 28. Divisions of land as provided in section 10.5. 29. Boat landings and canoe livery. 30. Permitted residential uses as provided in section 10.5. 31. Home occupation, Class B (reference 5.2). 32. Cemetery. 33. Crematorium. 34. (Repealed 3-21-01) 35. Church building and adjunct cemetery. 36. Gift, craft and antique shops. 37. Public garage. (Added 3-18-81) 38. Exploratory drilling. (Added 2-10-82) 39. Hydroelectric power generation (reference 5.1.26). (Added 4- 28-82) 40. Borrow area, borrow pit not permitted under section 10.2.1.18. (Added 7-6-83) 41. Convent, Monastery (reference 5.1.29). (Added 1-1-87) 42. Temporary events sponsored by local nonprofit organizations which are related to, and supportive of the RA, rural areas, district (reference 5.1.27). (Added 12-2-87) 43. Agricultural Museum (reference 5.1.30). (Added 12-2-87) 44. Theatre, outdoor drama. (Added 6-10-92) 45. Farm sales (reference 5.1.35). (Added 10-11-95) 3 Draft: 09/12/02 46. Off-site parking for historic structures or sites (reference 5.1.38) or off-site employee parking for an industrial use in an industrial zoning district (reference 5.1.39). 47. Animal shelter (reference 5.1.11). (Added 6-16-99). 48. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 12.2.1 By right The following uses shall be permitted subject to requirements and limitations of this ordinance: 1. Detached single-family dwellings. Side-by-side duplexes provided that density is maintained and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Other two-family dwellings shall be permitted provided density is maintained. 3. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages, provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out. 5. (Repealed 9-2-81) Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 8. Temporary construction uses (reference 5.1.18). Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11- 1-89) 4 Draft: 09/12/02 10. Tourist lodgings (reference 5.1.17). 11. Wayside stands for the display and sale of seasonal agricultural products (reference 5.1.19). 12. Homes for developmentally disabled persons (reference 5.1.7). 13. Agriculture. 14. Mobile homes on individual lots (reference 5.6) (Added 11-11- 92) 15. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 13.2.1 By right The following uses shall be permitted subject to requirements and limitations of this ordinance: 1. Detached single-family dwellings. 2. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages, provided that yard, area, and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out. 4. (Repealed 9-2-81) 5. (Repealed 9-2-81) Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 8. Temporary construction uses (reference 5.1.18). Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated Draft: 09/12/02 by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11- 1-89) 10. Tourist lodgings (reference 5.1.17). 11. Homes for developmentally disabled persons (reference 5.1.07). 12. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 14.2.1 By right The following uses shall be permitted subject to requirements and limitations of this ordinance: 1. Detached single-family dwellings. 2. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages, provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out. 4. (Repealed 9-2-81) 5. (Repealed 9-2-81) Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 7. Accessory uses and buildings including home occupations (reference 5.2) and storage buildings. 8. Temporary construction uses (reference 5.1.18). Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5, 5.1.12). (Amended 11- 1-89) 10. Tourist lodgings (reference 5.1.17). 6 Draft: 09/12/02 11. Homes for developmentally disabled persons (reference 5.1.7). 12. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 15.2.1 By right The following uses shall be permitted subject to requirements and limitations of this ordinance: 1. Detached single-family dwellings. Side-by-side duplexes provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Other two-family dwellings shall be permitted provided density is maintained. Semi-detached and attached single-family dwellings such as triplexes, quadruplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 4. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages, provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out. 6. (Repealed 9-2-81) 7. (Repealed 9-2-81) Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 9. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 10. Temporary construction uses (reference 5.1.18). 7 Draft: 09/12/02 11. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11- 1-89) 12. Tourist lodgings (reference 5.1.17). 13. Homes for developmentally disabled persons (reference 5.1.07). 14. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 16.2.1 By right The following uses shall be permitted subject to the requirements and limitations of this ordinance: 1. Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings such as garden apartments. 4. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages; provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lot. 6. Homes for developmentally disabled persons (reference 5.1.7). 7. Boarding houses. 8. Tourist lodgings (reference 5.1.17). 9. (Repealed 9-2-81) 10. (Repealed 9-2-81) 11. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and Draft: 09/12/02 sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11- 1-89) 13. Temporary construction uses (reference 5.1.18). 14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 15. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 17.2.1 By right The following uses shall be permitted subject to the requirements and limitations of this ordinance: 1. Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings such as garden apartments. 4. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages; provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lot. 6. Homes for developmentally disabled persons (reference 5.1.7). 7. Boarding houses. 8. Tourist lodgings (reference 5.1.17). 9. (Repealed 9-2-81) 9 Draft: 09/12/02 10. (Repealed 9-2-81) 11. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11- 1-89) 13. Temporary construction uses (reference 5.1.18). 14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 15. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 18.2.1 By right The following uses shall be permitted subject to the requirements and limitations of this ordinance: 1. Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings such as garden apartments. 4. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages; provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lot. 6. Homes for developmentally disabled persons (reference 5.1.07). 10 Draft: 09/12/02 7. Boarding houses. 8. Tourist lodgings (reference 5.1.17). 9. (Repealed 9-2-81) 10. (Repealed 9-2-81) 11. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. 12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11- 1-89) 13. Temporary construction uses (reference 5.1.18). 14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 15. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 19.3.1 By right The following uses shall be permitted subject to the requirements and limitations of this ordinance: 1. Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings. 4. (Repealed 9-2-81) 11 Draft: 09/12/02 5. Parks, playgrounds, community centers and noncommercial recreational and cultural facilities such as tennis courts, swimming pools, game rooms, libraries and the like. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations, and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11- 1-89) 8. Temporary construction uses (reference 5.1.18). 9. Accessory uses and structures including home occupation, Class A (reference 5.2) and storage buildings. 10. Homes for developmentally disabled persons (reference 5.1.7). 11. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 20.3.1 By right The following uses shall be permitted subject to the requirements and limitations of this ordinance: 1. Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings. 4. (Repealed 9-2-81) 5. Parks, playgrounds, community centers and noncommercial recreational and cultural facilities such as tennis courts, swimming pools, game rooms, libraries and the like. 12 Draft: 09/12/02 Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11- 1-89) 8. Temporary construction uses (reference 5.1.18). 9. Accessory uses and structures including home occupation, Class A (reference 5.2) and storage buildings. 10. Homes for developmentally disabled persons (reference 5.1.07). 11. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec 22.2. 1 By right The following uses shall be permitted in any C-1 district subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. a. The following retail sales and service establishments: 1. Antique, gift, jewelry, notion and craft shops. 2. Clothing, apparel and shoe shops. 3. Department store. 4. Drug store, pharmacy. 5. Florist. 13 Draft: 09/12/02 6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops. 7. Furniture and home appliances (sales and service). 8. Hardware store. 9. Musical instruments. 10. Newsstands, magazines, pipe and tobacco shops. 11. Optical goods. 12. Photographic goods. 13. Visual and audio appliances. 14. Sporting goods. 15. Retail nurseries and greenhouses. The following services and public establishments: 1. Administrative, professional offices. 2. Barber, beauty shops. 3. Churches, cemeteries. 4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02). 5. Financial institutions. 6. Fire and rescue squad stations (reference 5.1.09). 7. Funeral homes. 8. Health spas. 9. Indoor theaters. 10. Laundries, dry cleaners. 11. Laundromat (provided that an attendant shall be on duty at all hours during operation). 12. Libraries, museums. 14 Draft: 09/12/02 13. Nurseries, day care centers (reference 5.1.06). 14. Eating establishments. 15. Tailor, seamstress. 16. Automobile service stations (reference 5.1.20). 17. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5-2- 93) 18. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-9) 19. Temporary construction uses (reference 5.1.1). 20. Dwellings (reference 5.1.21). 21. Medical center. 22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9- 9-92) 23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-6) 24. Indoor athletic facilities. (Added 9-15-93) 25. Farmers' market (reference 5.1.36). (Added 10-11-95) 26. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 23.2.1 By right The following uses shall be permitted in any CO district, subject to the requirements and limitations of these regulations: 1. Administrative and business offices. 2. Professional offices, including medical, dental and optical. 15 Draft: 09/12/02 3. Financial institutions. 4. Churches, cemeteries. 5. Libraries, museums. Accessory uses and structures incidental to the principal uses provided herein. Such uses in combination shall not occupy more that twenty (20) percent of the floor area of buildings on the site. The following accessory uses shall be permitted: -Eating establishments; -Newsstands; -Establishments for the sale of office supplies and service of office equipment; -Data processing services; -Central reproduction and mailing services and the like; -Ethical pharmacies, laboratories and estabishments for the production, fitting and/or sale of optical or prosthetic appliances on sites containing medical, dental or optical offices; -(Repealed 3-17-82) -Sale/service of goods associated with the principal use such as, but not limited to: musical instruments, musical scores, text books, artist's supplies and dancing shoes and apparel. (Added 12-3-86) Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11- 1-89) 9. Temporary construction uses (reference 5.1.18). 16 Draft: 09/12/02 10. Dwellings (reference 5.1.21). (Added 3-17-82) 11. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86) 12. Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92) 13. facilities shown on an approved final site plan or Stormwater management subdivision plat. By right Sec. 24.2.1 The following uses shall be permitted in any HC district subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit, as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character, and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. 2. 3. 4. 5. 6. 7. 8. Automobile laundries. Automobile, truck repair shops. Automobile service stations (reference 5.1.20). Building materials sales. Churches, cemeteries. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). Convenience stores. Educational, technical and trade schools. 9. Factory outlet sales - clothing and fabric. 10. Feed and seed stores (reference 5.1.22). 11. Financial institutions. 12. Fire extinguisher and security products, sales and service. 13. Fire and rescue squad stations (reference 5.1.09). 14. Funeral homes. 15. Furniture stores. 17 Draft: 09/12/02 16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops. 17. Home and business services such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance services. 18. Hardware. 19. (Repealed 6-3-81) 20. Hotels, motels and inns. 21. Light warehousing. 22. Machinery and equipment sales, service and rental. 23. Mobile home and trailer sales and service. 24. Modular building sales. 25. Motor vehicle sales, service and rental. 26. New automotive parts sales. 27. Newspaper publishing. 28. Administrative, business and professional offices. 29. Office and business machines sales and service. 30. Eating establishment; fast food restaurants. 31. Retail nurseries and greenhouses. 32. Sale of major recreational equipment and vehicles. 33. Wayside stands - vegetables and agricultural produce (reference 5.1.19). 34. Wholesale distribution 35. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 18 Draft: 09/12/02 36. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11- 1-89) 37. Temporary construction uses (reference 5.1.18). 38. Indoor theaters. 39. Heating oil sales and distribution (reference 5.1.20). 40. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86) 41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C- l. (Added 6-19-91; Amended 9-9-92) 42. Indoor athletic facilities. (Added 9-15-93) 43. Farmers' market (reference 5.1.36). (Added 10-11-95) 44. facilities shown on an approved final site plan or Stormwater management subdivision plat. By right Sec. 27.2.1 Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted in any LI district subject to the requirements and limitations of these regulations: (Amended 2-13-85) 1. Compounding of drugs, including biological products, medical and chemical as well as pharmaceutical. 2. Fire and rescue squad stations (reference 5.1.9). 3. Manufacture, processing, fabrication, assembly, distribution of products such as but not limited to: (Amended 12-2-81; 2- 20-91) -Artists' supplies and equipment. -Business, office machines and equipment. -Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap. -Drafting supplies and equipment. -Electrical lighting and wiring equipment. 19 6. 7. 8. Draft: 09/12/02 -Electrical and electronic equipment and components including radio, telephone, computer, communication equipment, TV receiving sets, phonographs. -Food products, such as bakery goods, dairy products, candy, beverages, including bottling plants. -Gifts, novelties including pottery, figurines and similar ceramic products. -Glass products made of purchased glass. -Industrial controls. -Jewelry, silverware. -Light machinery and machine parts, including electrical household appliances but not including such things as clothes washers, dryers and refrigerators. -Musical instruments. -Paper products such as die-cut paperboard and cardboard, sanitary paper products, bags and containers. -Photographic equipment and supplies including processing and developing plant. -Rubber, metal stamps. -Small electrical parts such as coils, condensers, transformers, crystal holders. -Surgical, medical and dental instruments and supplies. -Toys, sporting and athletic equipment, except firearms, ammunition or fireworks. -Watches, clocks and similar timing devices. -Wood cabinets and furniture, upholstery. Publishing, printing, lithography and engraving, including but not limited to newspapers, periodicals and books. Preparation of printing plates including typesetting, etching and engraving. Research and development activities including experimental testing. Scientific or technical education facilities. Assembly and fabrication of light aircraft from component parts manufactured off- site. 20 Draft: 09/12/02 9. Contractor's office and equipment storage yard. 10. Engineering, engineering design, assembly and fabrication of machinery and components, including such on-site accessory uses as machining, babbitting, welding and sheet metal work and excluding such uses as drop hammering and foundry. (Amended 10-3-01) 11. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11- 1-89) 13. Temporary construction uses (reference 5.1.18). 14. Business and professional office buildings. 15. Dwellings (reference 5.1.21). (Added 4-17-85) 16. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86) 17. Warehouse facilities and wholesale businesses not involving storage of gasoline, kerosene or other volatile materials; dynamite blasting caps and other explosives; pesticides and poisons; and other such materials which could be hazardous to life in the event of accident. (Added 12-2-87) 18. Stormwater management facilities shown on an approved final site plan or subdivision plat. (§ 27.2.1, 12-10-80, 12-2-81, 2-13-85, 4-17-85, 3-5-86, 12-2-87, 11-1-89, 5-12-93; Ord. 01- 18(6), 10-3-01) Sec. 28.2.1 By right Except as otherwise limited by section 28.2.2.14, the following uses shall be permitted in any HI district subject to the requirements and limitations of these regulations: (Amended 2-13-85) 21 Draft: 09/12/02 1. Automotive, farm and construction and machinery products assembly. 2. Brick manufacturing, distribution. 3. Concrete mixing plant, storage, distribution. 4. Dry-cleaning plants. 5. Fire and rescue squad stations (reference 5.1.09). 6. Machine shops, tool and die, blacksmithing, boiler shops and similar operations. 7. Manufacture of heavy household, commercial and industrial appliances. 8. Manufacture of building components. 9. Manufacture, distribution, service of individual sewage disposal systems. 10. Manufacture and recycling of tires. 11. Metal fabrication and welding operations. 12. Mobile home manufacturing, distribution. 13. Moving businesses, including storage facilities. 14. Petroleum, gasoline, natural gas and manufactured gas bulk 5.1.20). 15. Recreational vehicle and components manufacturing, distribution. storage (reference 16. Sawmills (reference 5.1.15), planing mills, wood preserving operations, woodyards. 17. Veterinary or dog/cat hospitals, indoor accessory kennels (reference 5.1.11). 18. Warehouse facilities. 19. Contractor's office and equipment storage yards. 20. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5-12-93) 21. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or 22 Draft: 09/12/02 trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11- 1-89) 22. Temporary construction uses (reference 5.1.18). 23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86) 24. Stormwater management facilities shown on an approved final site plan or subdivision plat. I, Ella W. Carey, 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 Mr. Bowerman Mr. Dorrier Mr. Martin Mr. Perkins Mr. Rooker Ms. Thomas Aye Nay 23 ORDINANCE NO. 02-18(6) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, 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 iii, District Regulations, of the Code of the County of Albemarle are amended and reordained as follows: By Amending: Sec. 10.2.1 By right Sec. 10.2.2 By special use permit Sec. 12.2.1 By right Sec. 13.2.1 By right Sec. 14.2.1 By right Sec. 15.2.1 By right Sec. 16.2.1 By right Sec. 17.2.1 By right Sec. 18.2.1 By right Sec. 19.3.1 By right Sec. 20.3.1 By right Sec. 22.2.1 By right Sec. 23.2.1 By right Sec. 24.2.1 By right Sec. 27.2.1 By right Sec. 28.2.1 By right Chapter 18. Zoning Article iii. District Regulations Sec. 10.2.1 By right The following uses shall be permitted in any RA district subject to the requirements and limitations of these regulations: Detached single-family dwellings, including guest cottages and rental of the same; provided that yard, area and other requirements of section 10.4, conventional development by right, shall be met for each such use whether or not such use is on an individual lot subject to section 10.3. Side-by-side duplexes subject to the provisions of section 10.4; provided that density is maintained and provided that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Other two-family dwellings shall be permitted provided density is maintained. 3. Agriculture, forestry, and fishery uses except as otherwise expressly provided. 4. Game preserves, wildlife sanctuaries and fishery uses. 5. Wayside stands for display and sale of agricultural products produced on the premises (reference 5.1.19). Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and 1 owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 8. Temporary construction uses (reference 5.1.18). Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 10. Temporary sawmill (reference 5.1.15 and subject to performance standards in 4.14). 11. Veterinary services - off-site treatment only. 12. Agricultural service occupation (subject to performance standards in 4.14) 13. Divisions of land in accordance with section 10.3. 14. Tourist lodging (reference 5.1.17). 15. Mobile homes, individual, qualifying under the following requirements (reference 5.6): a. A property owner residing on the premises in a permanent home wishes to place a mobile home on such property in order to maintain a full-time agricultural employee. Due to the destruction of a permanent home an emergency exists. A permit can be issued in this event not to exceed twelve (12) months. The zoning administrator shall be authorized to issue permits in accordance with the intent of this ordinance and shall be authorized to require or seek any information which he may determine necessary in making a determination of cases "a" and "b" of the aforementioned uses. 16. Temporary mobile home in accordance with section 5.7. (Amended 11-8-89) 17. Farm winery (reference 5.1.25). (Added 12-16-81) 18. Borrow area, borrow pit, not exceeding an aggregate volume of fifty thousand (50,000) cubic yards including all borrow pits and borrow areas on any one parcel of record on the adoption date of this provision (reference 5.1.28). (Added 7-6-83) 19. Mobile homes on individual lots (reference 5.6). (Added 11- 11-92) 20. Commercial stable (reference 5.1.03). (Added 11-15-95) 21. Stormwater management facilities shown on an approved final site plan or subdivision plat. 2 Sec. 10.2.2 By special use permit The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4: 1. Community center (reference 5.1.04). 2. Clubs, lodges, civic, patriotic, fraternal (reference 5.1.02). 3. Fire and rescue squad stations (reference 5.1.09). 4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16). 5. Private schools. 6. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances, unmanned telephone exchange centers; micro- wave and radio-wave transmission and relay towers, substations and appurtenances. Day care, child care or nursery facility (reference 5.1.06). (Repealed 3-5-86) Mobile home subdivisions (reference 5.5). 10. (Repealed 11-11-92) 11. (Repealed 3-15-95) 12. Horse show grounds, permanent. 13. Custom slaughterhouse. 14. Sawmills, planing mills and woodyards (reference standards in 4.14). 5.1.15 and subject to performance 15. Group homes and homes for developmentally disabled persons as described in section 15.1- 486.2 of the Code (reference 5.1.07). 16. (Repealed 11-15-95) 17. Commercial kennel (reference 5.1.11 and subject to performance standards in 4.14). 18. Veterinary services, animal hospital (reference 5.1.11 and subject to performance standards in 4.14). 19. Private airport, helistop, heliport, flight strip (reference 5.1.01). 20. Day camp, boarding camp (reference 5.1.05). 21. Sanitary landfill (reference 5.1.14). 22. Country store. 23. Commercial fruit or agricultural produce packing plants. (Amended 11-8-89) 3 24. (Repealed 11-8-89) 25. Flood control dams and impoundments. 26. (Repealed 11-8-89) 27. Restaurants and inns that are: a. Located within an historic landmark as designated in the comprehensive plan, provided: (i) the structure has been used as a restaurant, tavern or inn; and (ii) the structure shall be restored as faithfully as possible to the architectural character of the period and shall be maintained consistent therewith; or b. Nonconforming uses, provided the restaurant or inn is served by existing water and sewerage systems having adequate capacity for both the existing and proposed uses and facilities without expansion of either system. (Amended 11-8-89; 10-18-00) 28. Divisions of land as provided in section 10.5. 29. Boat landings and canoe livery. 30. Permitted residential uses as provided in section 10.5. 31. Home occupation, Class B (reference 5.2). 32. Cemetery. 33. Crematorium. 34. (Repealed 3-21-01) 35. Church building and adjunct cemetery. 36. Gift, craft and antique shops. 37. Public garage. (Added 3-18-81) 38. Exploratory drilling. (Added 2-10-82) 39. Hydroelectric power generation (reference 5.1.26). (Added 4- 28-82) 40. Borrow area, borrow pit not permitted under section 10.2.1.18. (Added 7-6-83) 41. Convent, Monastery (reference 5.1.29). (Added 1-1-87) 42. Temporary events sponsored by local nonprofit organizations which are related to, and supportive of the RA, rural areas, district (reference 5.1.27). (Added 12-2-87) 43. Agricultural Museum (reference 5.1.30). (Added 12-2-87) 44. Theatre, outdoor drama. (Added 6-10-92) 45. Farm sales (reference 5.1.35). (Added 10-11-95) 4 46. Off-site parking for historic structures or sites (reference 5.1.38) or off-site employee parking for an industrial use in an industrial zoning district (reference 5.1.39). 47. Animal shelter (reference 5.1.11). (Added 6-16-99). Sec. 12.2.1 By right The following uses shall be permitted subject to requirements and limitations of this ordinance: 1. Detached single-family dwellings. Side-by-side duplexes provided that density is maintained and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Other two- family dwellings shall be permitted provided density is maintained. 3. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages, provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out. 5. (Repealed 9-2-81) Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 8. Temporary construction uses (reference 5.1.18). Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 10. Tourist lodgings (reference 5.1.17). 11. Wayside stands for the display and sale of seasonal agricultural products (reference 5.1.19). 12. Homes for developmentally disabled persons (reference 5.1.7). 13. Agriculture. 14. Mobile homes on individual lots (reference 5.6) (Added 11-11- 92) 15. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 13.2.1 By right The following uses shall be permitted subject to requirements and limitations of this ordinance: 1. Detached single-family dwellings. 2. Cluster development of permitted residential uses. 3. Rental of permitted residential uses and guest cottages, provided that yard, area, and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out. 4. (Repealed 9-2-81) 5. (Repealed 9-2-81) 6. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 8. Temporary construction uses (reference 5.1.18). 9. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 10. Tourist lodgings (reference 5.1.17). 11. Homes for developmentally disabled persons (reference 5.1.07). 12. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 14.2.1 By right The following uses shall be permitted subject to requirements and limitations of this ordinance: 1. Detached single-family dwellings. 2. Cluster development of permitted residential uses. 3. Rental of permitted residential uses and guest cottages, provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out. 4. (Repealed 9-2-81) 5. (Repealed 9-2-81) Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 7. Accessory uses and buildings including home occupations (reference 5.2) and storage buildings. 8. Temporary construction uses (reference 5.1.18). Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5, 5.1.12). (Amended 11-1-89) 10. Tourist lodgings (reference 5.1.17). 11. Homes for developmentally disabled persons (reference 5.1.7). 12. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 15.2.1 By right The following uses shall be permitted subject to requirements and limitations of this ordinance: 1. Detached single-family dwellings. Side-by-side duplexes provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Other two- family dwellings shall be permitted provided density is maintained. Semi-detached and attached single-family dwellings such as triplexes, quadruplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 4. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages, provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out. 6. (Repealed 9-2-81) 7. (Repealed 9-2-81) Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 9. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 10. Temporary construction uses (reference 5.1.18). 11. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 12. Tourist lodgings (reference 5.1.17). 13. Homes for developmentally disabled persons (reference 5.1.07). 14. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 16.2.1 By right The following uses shall be permitted subject to the requirements and limitations of this ordinance: 1. Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings such as garden apartments. 4. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages; provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lot. 6. Homes for developmentally disabled persons (reference 5.1.7). 7. Boarding houses. 8. Tourist lodgings (reference 5.1.17). 9. (Repealed 9-2-81) 10. (Repealed 9-2-81) 11. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 13. Temporary construction uses (reference 5.1.18). 14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 15. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 17.2.1 By right The following uses shall be permitted subject to the requirements and limitations of this ordinance: 1. Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings such as garden apartments. 4. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages; provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lot. 6. Homes for developmentally disabled persons (reference 5.1.7). 7. Boarding houses. 8. Tourist lodgings (reference 5.1.17). 9. (Repealed 9-2-81) 10. (Repealed 9-2-81) 11. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 13. Temporary construction uses (reference 5.1.18). 14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 15. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 18.2.1 By right The following uses shall be permitted subject to the requirements and limitations of this ordinance: 1. Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings such as garden apartments. 4. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages; provided that yard, area and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lot. 6. Homes for developmentally disabled persons (reference 5.1.07). 7. Boarding houses. 8. Tourist lodgings (reference 5.1.17). 9. (Repealed 9-2-81) 10. (Repealed 9-2-81) 11. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central 10 sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. 12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 13. Temporary construction uses (reference 5.1.18). 14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 15. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 19.3.1 By right The following uses shall be permitted subject to the requirements and limitations of this ordinance: 1. Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings. 4. (Repealed 9-2-81) 5. Parks, playgrounds, community centers and noncommercial recreational and cultural facilities such as tennis courts, swimming pools, game rooms, libraries and the like. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations, and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 8. Temporary construction uses (reference 5.1.18). 9. Accessory uses and structures including home occupation, Class A (reference 5.2) and storage buildings. 11 10. Homes for developmentally disabled persons (reference 5.1.7). 11. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 20.3.1 By right The following uses shall be permitted subject to the requirements and limitations of this ordinance: 1. Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings. 4. (Repealed 9-2-81) 5. Parks, playgrounds, community centers and noncommercial recreational and cultural facilities such as tennis courts, swimming pools, game rooms, libraries and the like. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 8. Temporary construction uses (reference 5.1.18). 9. Accessory uses and structures including home occupation, Class A (reference 5.2) and storage buildings. 10. Homes for developmentally disabled persons (reference 5.1.07). 11. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec 22.2. 1 By right The following uses shall be permitted in any C-1 district subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational characteristics, 12 visual impact and traffic generation. generally provided in section 34.0. Appeals from the zoning administrator's decision shall be as a. The following retail sales and service establishments: 1. Antique, gift, jewelry, notion and craft shops. 2. Clothing, apparel and shoe shops. 3. Department store. 4. Drug store, pharmacy. 5. Florist. 6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops. 7. Furniture and home appliances (sales and service). 8. Hardware store. 9. Musical instruments. 10. Newsstands, magazines, pipe and tobacco shops. 11. Optical goods. 12. Photographic goods. 13. Visual and audio appliances. 14. Sporting goods. 15. Retail nurseries and greenhouses. b. The following services and public establishments: 1. Administrative, professional offices. 2. Barber, beauty shops. 3. Churches, cemeteries. 4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02). 5. Financial institutions. 6. Fire and rescue squad stations (reference 5.1.09). 7. Funeral homes. 8. Health spas. 9. Indoor theaters. 13 10. Laundries, dry cleaners. 11. Laundromat (provided that an attendant shall be on duty at all hours during operation). 12. Libraries, museums. 13. Nurseries, day care centers (reference 5.1.06). 14. Eating establishments. 15. Tailor, seamstress. 16. Automobile service stations (reference 5.1.20). 17. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5-2-93) 18. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-9) 19. Temporary construction uses (reference 5.1.1). 20. Dwellings (reference 5.1.21). 21. Medical center. 22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92) 23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-6) 24. Indoor athletic facilities. (Added 9-15-93) 25. Farmers' market (reference 5.1.36). (Added 10-11-95) 26. Stormwater management facilities shown on an approved final site plan or subdivision plat. Sec. 23.2.1 By right The following uses shall be permitted in any CO district, subject to the requirements and limitations of these regulations: 1. Administrative and business offices. 2. Professional offices, including medical, dental and optical. 3. Financial institutions. 4. Churches, cemeteries. 14 5. Libraries, museums. 6. Accessory uses and structures incidental to the principal uses provided herein. Such uses in combination shall not occupy more that twenty (20) percent of the floor area of buildings on the site. The following accessory uses shall be permitted: -Eating establishments; -Newsstands; -Establishments for the sale of office supplies and service of office equipment; -Data processing services; -Central reproduction and mailing services and the like; -Ethical pharmacies, laboratories and estabishments for the production, fitting and/or sale of optical or prosthetic appliances on sites containing medical, dental or optical offices; -(Repealed 3-17-82) -Sale/service of goods associated with the principal use such as, but not limited to: musical instruments, musical scores, text books, artist's supplies and dancing shoes and apparel. (Added 12-3-86) 7. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 8. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) Temporary construction uses (reference 5.1.18). Dwellings (reference 5.1.21). (Added 3-17-82) Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86) Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92) Stormwater management facilities shown on an approved final site plan or subdivision plat. By right The following uses shall be permitted in any HC district subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit, as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character, 15 10. 11. 12. 13. Sec. 24.2.1 and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. 1. Automobile laundries. 2. Automobile, truck repair shops. 3. Automobile service stations (reference 5.1.20). 4. Building materials sales. 5. Churches, cemeteries. 6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). 7. Convenience stores. 8. Educational, technical and trade schools. 9. Factory outlet sales - clothing and fabric. 10. Feed and seed stores (reference 5.1.22). 11. Financial institutions. 12. Fire extinguisher and security products, sales and service. 13. Fire and rescue squad stations (reference 5.1.09). 14. Funeral homes. 15. Furniture stores. 16.Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops. 17. Home and business services such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance services. 18. Hardware. 19. (Repealed 6-3-81) 20. Hotels, motels and inns. 21. Light warehousing. 22. Machinery and equipment sales, service and rental. 23. Mobile home and trailer sales and service. 24. Modular building sales. 25. Motor vehicle sales, service and rental. 16 26. New automotive parts sales. 27. Newspaper publishing. 28. Administrative, business and professional offices. 29. Office and business machines sales and service. 30. Eating establishment; fast food restaurants. 31. Retail nurseries and greenhouses. 32. Sale of major recreational equipment and vehicles. 33. Wayside stands -vegetables and agricultural produce (reference 5.1.19). 34. Wholesale distribution 35. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 36. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 37. Temporary construction uses (reference 5.1.18). 38. Indoor theaters. 39. Heating oil sales and distribution (reference 5.1.20). 40. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86) 41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-1. (Added 6-19-91; Amended 9-9-92) Indoor athletic facilities. (Added 9-15-93) Farmers' market (reference 5.1.36). (Added 10-11-95) Stormwater management facilities shown on an approved final site plan or subdivision plat. By right Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted in any LI district subject to the requirements and limitations of these regulations: (Amended 2-13-85) 42. 43. 44. Sec. 27.2.1 17 1. Compounding of drugs, including biological products, medical and chemical as well as pharmaceutical. 2. Fire and rescue squad stations (reference 5.1.9). 3. Manufacture, processing, fabrication, assembly, distribution of products such as but not limited to: (Amended 12-2-81; 2- 20-91) -Artists' supplies and equipment. -Business, office machines and equipment. -Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap. -Drafting supplies and equipment. -Electrical lighting and wiring equipment. -Electrical and electronic equipment and components including radio, telephone, computer, communication equipment, TV receiving sets, phonographs. -Food products, such as bakery goods, dairy products, candy, beverages, including bottling plants. -Gifts, novelties including pottery, figurines and similar ceramic products. -Glass products made of purchased glass. -Industrial controls. -Jewelry, silverware. -Light machinery and machine parts, including electrical household appliances but not including such things as clothes washers, dryers and refrigerators. -Musical instruments. -Paper products such as die-cut paperboard and cardboard, sanitary paper products, bags and containers. -Photographic equipment and supplies including processing and developing plant. -Rubber, metal stamps. -Small electrical parts such as coils, condensers, transformers, crystal holders. -Surgical, medical and dental instruments and supplies. -Toys, sporting and athletic equipment, except firearms, ammunition or fireworks. -Watches, clocks and similar timing devices. -Wood cabinets and furniture, upholstery. 4. Publishing, printing, lithography and engraving, including but not limited to newspapers, periodicals and books. 18 5. Preparation of printing plates including typesetting, etching and engraving. 6. Research and development activities including experimental testing. 7. Scientific or technical education facilities. 8. Assembly and fabrication of light aircraft from component parts manufactured off-site. 9. Contractor's office and equipment storage yard. 10. Engineering, engineering design, assembly and fabrication of machinery and components, including such on-site accessory uses as machining, babbitting, welding and sheet metal work and excluding such uses as drop hammering and foundry. (Amended 10-3-01) 11. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93) 12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 13. Temporary construction uses (reference 5.1.18). 14. Business and professional office buildings. 15. Dwellings (reference 5.1.21). (Added 4-17-85) 16. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86) 17. Warehouse facilities and wholesale businesses not involving storage of gasoline, kerosene or other volatile materials; dynamite blasting caps and other explosives; pesticides and poisons; and other such materials which could be hazardous to life in the event of accident. (Added 12-2-87) 18. Stormwater management facilities shown on an approved final site plan or subdivision plat. (§ 27.2.1, 12-10-80, 12-2-81, 2-13-85, 4-17-85, 3-5-86, 12-2-87, 11-1-89, 5-12-93; Ord. 01-18(6), 10-3- 01; Ord. 02-18(6), 10-9-02) Sec. 28.2.1 By right Except as otherwise limited by section 28.2.2.14, the following uses shall be permitted in any HI district subject to the requirements and limitations of these regulations: (Amended 2-13-85) 1. Automotive, farm and construction and machinery products assembly. 2. Brick manufacturing, distribution. 19 3. Concrete mixing plant, storage, distribution. 4. Dry-cleaning plants. 5. Fire and rescue squad stations (reference 5.1.09). 6. Machine shops, tool and die, blacksmithing, boiler shops and similar operations. 7. Manufacture of heavy household, commercial and industrial appliances. 8. Manufacture of building components. 9. Manufacture, distribution, service of individual sewage disposal systems. 10. Manufacture and recycling of tires. 11. Metal fabrication and welding operations. 12. Mobile home manufacturing, distribution. 13. Moving businesses, including storage facilities. 14. Petroleum, gasoline, natural gas and manufactured gas bulk storage (reference 5.1.20). 15. Recreational vehicle and components manufacturing, distribution. 16. Sawmills (reference 5.1.15), planing mills, wood preserving operations, woodyards. 17. Veterinary or dog/cat hospitals, indoor accessory kennels (reference 5.1.11). 18. Warehouse facilities. 19. Contractor's office and equipment storage yards. 20. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5-12-93) 21. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89) 22. Temporary construction uses (reference 5.1.18). 23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86) 24. Stormwater management facilities shown on an approved final site plan or subdivision plat. 20 I, Ella W. Carey, 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 six to zero, as recorded below, at a regular meeting held on October 9, 2002. Clerk, Board of County Supervisors Aye Mr. Bowerman X Mr. Dorrier X Mr. Martin X Mr. Perkins X Mr. Rooker X Ms. Thomas X Nay 21 ORDINANCE NO. 02-16(2) AN ORDINANCE TO AMEND CHAPTER 16, WASTEWATER AND WATER SYSTEMS OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BY AMENDING ARTICLE V, CONSERVATION OF WATER. BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 16 of the Code of the County of Albemarle, Wastewater and Water Systems, is amended as follows: By Amending: Article V. Conservation of Water. Sec. 16-500. Conservation of Water During Emergencies. Chapter 16. Wastewater and Water Systems Article V. Conservation of Water Sec. 16-500. Conservation of Water During Emergencies. A. Should the board of supervisors, at any time, declare there to be an emergency in the county arising wholly or substantially out of a shortage of water supply, the Albemarle County Service Authority (the "authority") and its Executive Director (the "executive directo¢') are hereby authorized during continuation of the water emergency to order the restriction or prohibition of any or all uses of the water supply, including but not limited to: 1. Watering of outside shrubbery, trees, lawn, grass, plants, home vegetable gardens, or any other vegetation, except from a watering can or other container not exceeding three (3) gallons in capacity. This limitation shall not apply to commercial greenhouses or nursery stocks, which may be watered in the minimum amount required to preserve plant life before 7:00 a.m. or after 8:00 p.m. 2. Washing of automobiles, trucks, trailers, or any other type of mobile equipment, except in licensed commercial vehicle wash facilities. 3. Washing of sidewalks, streets, driveways, parking lots, service station aprons, exteriors of homes or apartments, commercial or industrial buildings or any other outdoor surface, except where mandated by federal, state, or local law. similar use of water. The operation of any ornamental fountain or other structure making a 5. The filling of swimming or wading pools requiring more than five gallons of water, or the refilling of swimming or wading pools which were drained after the effective date of the declaration of emergency, except that pools may be filled to a level of two feet below normal, or water may be added to bring the level to two feet below normal, or as necessary to protect the structure from hydrostatic damage, for pools constructed or contracted for on or before the effective date the declaration of emergency restrictions. 6. The use of water from fire hydrants for any purpose other than fire suppression, unless otherwise approved by the executive director. 7. The serving of drinking water in restaurants, except upon request. 8. The operation of any water-cooled comfort air conditioning that does not have water conserving equipment in operation. 9. Any additional water use restriction deemed necessary. The above restrictions, or any of them, shall become effective upon their being printed in any newspaper of general circulation in the county, or broadcast upon any radio or television station serving the county. B. Upon implementation of subsection A, above, the authority shall establish an appeals procedure to review customer applications for exemptions from the provisions of subsections A on a case by case basis and, if warranted, to make equitable adjustments to such provisions. The authority shall also be empowered to establish regulations governing the granting of temporary exemptions applicable to all or some of the uses of the water supply set forth in subsection A. The authority shall, in deciding applications, balance economic and other hardships to the applicant resulting from the imposition of water use restrictions or allocations against the individual and cumulative impacts to the water supply resulting from the granting of exemptions. C. Should measures taken pursuant to subsection A of this section prove insufficient to preserve sufficient supplies of water for the citizens of the county, the authority and its executive director are hereby further authorized to impose temporary rate increases or surcharges on the consumption of water, to restrict or discontinue the supply of water to any industrial or commercial activity which uses water beyond the sanitary and drinking needs of its employees and invitees, to declare a moratorium on new water connections to buildings issued a building permit after the date of declaration of emergency, and to restrict water use to basic human needs only. D. Any person violating any provision of this section, or any order of the executive director of the authority issued pursuant to the authority granted hereunder shall be guilty of a class 3 misdemeanor. In addition, the executive director of the authority is hereby authorized to terminate the water service, for the duration of the emergency, to any person convicted of such violation. E. In addition to the penalties set forth in subsection D, above, the authority and the executive director may impose penalty charges on any person violating any provision of this section. Such penalty charges shall be in an amount determined by the authority and shall be imposed on the violator's next water bill. If a violation continues after a notice of violation has been issued, or if such penalty charges are not paid when due, the executive director of the authority is authorized to terminate the water service and take any additional measures authorized by law. Persons who have been assessed a penalty charge shall have the right to challenge the assessed charge by providing a written notice to the executive director of the authority within ten (10) days of the date of the assessment of the penalty charge. The executive director or his designee shall determine whether the penalty charge was properly assessed and notify the complaining person in writing of his determination. Any person aggrieved by the decision of the executive director may appeal that decision to a committee of the authority's board by filing an appeal in writing within five (5) days of notice of the executive director's decision. The executive director or his designee, or upon appeal, the committee of the authority's board, may waive the penalty charge if it is determined that the violation occurred due to no fault of the person. Water service shall not be terminated during the pendancy of any appeal. F. Nothing in this section shall be construed to prohibit the authority and its executive director from rescinding any orders issued thereunder when the conditions creating the need for such orders have abated. G. Nothing in this section shall be construed to prohibit the authority and its executive director from exercising any and all powers and taking any and all actions authorized by the Virginia Water and Waste Authorities Act, Virginia Code §§ 15.2-5100, et al. (Ord. 00-16(1), 8-2-00; Ord. 02-16(E)(1), 9-11-02; Ord. 02-16(2), 10-9-02) State law reference--Va. Code §15.2-924. I, Ella W. Carey, 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 vote of six to zero, as recorded below, at a regular meeting held on October 9, 2002. Clerk, Board of County Supervisors Mr. Bowerman Mr. Dorrier Y Mr. Martin Y Mr. Perkins Y Mr. Rooker Y Ms. Thomas Y Aye Nay Y 4 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Ordinance to amend County Code Section 16-500, Conservation of Water During Emergencies SUBJECT/PROPOSAL/REQUEST: Public hearing for Ordinance to amend County Code Section 16-500, Conservation of Water During Emergencies STAFF CONTACT(S): Messrs. Tucker, Foley, Davis AGENDA DATE: October 9, 2002 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: Ordinance ITEM NUMBER: INFORMATION: INFORMATION: BACKGROUND: County Code Section 16-500 establishes the framework for restrictions on water use upon a determination by the Board of Supervisors that an emergency exists due to a shortage of water supply. On September 11, 2002, the Board adopted an Emergency Ordinance to amend Section 16-500 to give greater authority to the Albemarle County Service Authority ("ACSA") and its Executive Director to impose necessary water restrictions due to the severity of the existing water shortage. This Emergency Ordinance is valid for no more than 60 days. An Ordinance to permanently establish the emergency powers of the ACSA has been advertised and set for public hearing on October 9, 2002 and would continue to provide the ACSA the authority to impose appropriate water restrictions. DISCUSSION: The proposed Ordinance amends County Code Section 16-500 to authorize the ACSA and its Executive Director to impose restrictions and prohibitions on any or all uses of the public water supply. It further authorizes the imposition of penalty charges on any person violating any of the mandatory restrictions or prohibitions. It specifically authorizes the Executive Director to terminate the water service to any person who continues to be in violation after a notice of violation has been issued or who fails to pay the penalty charge. Finally, it requires the ACSA to have an appeal process for anyone who is assessed a penalty charge. RECOMMENDATION: At the conclusion of the public hearing, staff recommends that the Board adopt the attached Ordinance. 02.160 Draft: September 20, 2002 ORDINANCE NO. 02-16(2) AN ORDINANCE TO AMEND CHAPTER 16, WASTEWATER AND WATER SYSTEMS OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BY AMENDING ARTICLE V, CONSERVATION OF WATER. BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 16 of the Code of the County of Albemarle, Wastewater and Water Systems, is amended as follows: Conservation of Water. Conservation of Water During Emergencies. Chapter 16. Wastewater and Water Systems Article ¥. Conservation of Water Sec. 16-500. Conservation of Water During Emergencies. A. Should the board of supervisors, at any time, declare there to be an emergency in the county arising wholly or substantially out of a shortage of water supply, the Albemarle County Service Authority (the "authority") and its Executive Director (the "executive director") are hereby authorized during continuation of the water emergency to order the restriction or prohibition of any or all oftke .......... ~ uses of the water supply, including but not limited to: 1. Watering of outside shrubbery, trees, lawn, grass, plants, home vegetable gardens, or any other vegetation, except from a watering can or other container not exceeding three (3) gallons in capacity. This limitation shall not apply to commercial greenhouses or nursery stocks, which may be watered in the minimum amount required to preserve plant life before 7:00 a.m. or after 8:00 p.m. 2. Washing of automobiles, trucks, trailers, or any other type of mobile equipment, except in licensed commercial vehicle wash facilities. 3. Washing of sidewalks, streets, driveways, parking lots, service station aprons, exteriors of homes or apartments, commercial or industrial buildings or any other outdoor surface, except where mandated by federal, state, or local law. 4. The operation of any ornamental fountain or other structure making a similar use of water. By Amending: Article V. Sec. 16-500. Draft: September 20, 2002 5. The filling of swimming or wading pools requiring more than five gallons of water, or the refilling of swimming or wading pools which were drained after the effective date of the declaration of emergency, except that pools may be filled to a level of two feet below normal, or water may be added to bring the level to two feet below normal, or as necessary to protect the structure from hydrostatic damage, for pools constructed or contracted for on or before the effective date oft~is ordinance the declaration of emergency restrictions. 6. The use of water from fire hydrants for any purpose other than fire suppression, unless otherwise approved by the executive director. 7. The serving of drinking water in restaurants, except upon request. 8. The operation of any water-cooled comfort air conditioning that does not have water conserving equipment in operation. 9. Any additional water use restriction deemed necessarv~ The above restrictions, or any of them, shall become effective upon their being printed in any newspaper of general circulation in the county, or broadcast upon any radio or television station serving the county. B. Upon implementation of subsection A, above, the authority shall establish an appeals procedure to review customer applications for exemptions from the provisions of subsections A on a case by case basis and, if warranted, to make equitable adjustments to such provisions. The authority shall also be empowered to establish regulations governing the granting of temporary exemptions applicable to all or some of the uses of the water supply set forth in subsection A. The authority shall, in deciding applications, balance economic and other hardships to the applicant resulting from the imposition of water use restrictions or allocations against the individual and cumulative impacts to the water supply resulting from the granting of exemptions. C. Should measures taken pursuant to subsection A of this section prove insufficient to preserve sufficient supplies of water for the citizens of the county, the authority and its executive director are hereby further authorized to impose temporary rate increases or surcharges on the consumption of 2 Draft: September 20, 2002 water, to restrict or discontinue the supply of water to any industrial or commercial activity which uses water beyond the sanitary and drinking needs of its employees and invitees, to declare a moratorium on new water connections to buildings issued a building permit after the date of declaration of emergency, and to restrict water use to basic human needs only. D. Any person violating any provision of this section, or any order of the executive director of the authority issued pursuant to the authority granted hereunder shall be guilty of a class 3 misdemeanor. In addition, the executive director of the authority is hereby authorized to terminate the water service, for the duration of the emergency, to any person convicted of such violation. E. In addition to the penalties set forth in subsection D, above, the authority and the executive director may impose penalty charges on any person violating any provision of this section. Such penalty charges shall be in an amount determined by the authority and shall be imposed on the violator's next water bill. If a violation continues after a notice of violation has been issued, or if such penalty charges are not paid when due. the executive director of the authority is authorized to terminate the water service and take any additional measures authorized by law. Persons who have been assessed a penalty charge shall have the right to challenge the assessed charge by providing a written notice to the executive director of the authority within ten (10) days of the date of the assessment of the penalty charge The executive director or his designee shall determine whether the penalty charge was properly assessed and notif.v the complaining person in writing of his determination. Any person aggrieved by the decision of the executive director may appeal that decision to a committee of the authoritv's board by filing an appeal in writing within five (5) days of notice of the executive director's decision. The executive director or his designee, or upon appeal, the committee of the authority's board, may waive the penalty charge if it is determined that the violation occurred due to no fault of the person. E F. Nothing in this section shall be construed to prohibit the authority and its executive director from rescinding any orders issued thereunder when the conditions creating the need for such orders have abated. Draft: September 20, 2002 G. Nothing in this section shall be construed to prohibit the authority and its executive director from exercising any and all powers and taking any and all actions authorized by the Virginia Water and Waste Authorities Act, Virginia Code §§ 15.2-5100, et al. (Ord. 00-16(1), 8-2-00; Ord. 02-16(E)(1), 9-11-02; Ord. 02-16(2), 10-9-02) State law reference--Va. Code § 15.2-924. I, Ella W. Carey, 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 Mr. Bowerman Mr. Dorrier Mr. Martin Mr. Perkins Mr. Rooker Ms. Thomas Aye Nay Clerk, Board of County Supervisors 4 PLEASE SIGN BELOW IF YOU WISH TO SPEAK ON ORDINANCE TO AMEND CHPATER !6 REGARDING PREVIOUSLY ADOPT~ED EMERGENCY ORDINANCl= NAME (Please print clearly) 2 3 4 5 6 7 8 9 10 11 1'2 13 14 15 PHONE NUMBER/ADDRESS (Optional) 17 19 2O 21 18 ORDINANCE NO. 02- A(3) AN ORDINANCE ESTABLISHING THAT A VIOLATION OF EXECUTIVE ORDER NUMBER 33 ISSUED BY THE GOVERNOR OF VIRGINIA ON AUGUST 30, 2002 SHALL BE A CLASS 3 MISDEMEANOR IN THE COUNTY OF ALBEMARLE, VIRGINIA. WHEREAS, the Honorable Mark R. Warner, Governor of the Commonwealth of Virginia, issued Executive Order Number 33, Declaration of a State of Emergency Due to Extreme Drought Conditions Throughout the Commonwealth, effective August 30, 2002; and WHEREAS, Section C of Executive Order Number 33 prohibits any person or household who utilizes surface waters or ground water in Albemarle County from watering lawns, washing vehicles, filling swimming pools, and irrigating golf courses with the following exceptions: commercial car washes, pools used by health care facilities for patient care and rehabilitation, and watering of golf course tees and greens between the hours of 8:00 p.m. and 8:00 a.m.; and WHEREAS, Section C of Executive Order Number 33 further provides that Albemarle County may establish, collect, and retain fines for a violation of the restrictions promulgated therein; and WHEREAS, the Board of Supervisors of Albemarle County finds that a violation of Executive Order Number 33 should parallel a violation of Albemarle County Code Section 16- 500, Conservation of Water During Emergencies, and be enforced as a Class 3 Misdemeanor; and WHEREAS, on November 7, 2001, the Board of Supervisors of Albemarle County declared that there was a water supply emergency in Albemarle County arising from a shortage of water in the urban service area of the County; and WHEREAS, the Board of Supervisors now finds that a water supply emergency exists throughout the County for all public water and groundwater resources; and WHEREAS, the Board of Supervisors previously adopted the provisions of this ordinance to enforce the water restrictions imposed by Executive Order Number 33 on an emergency basis by adopting Ordinance Number 02-E(1) on September 4, 2002. NOW, THEREFORE, BE IT HEREBY ORDAINED THAT: Section 1. Finding of an Emergency. It is hereby determined and found that a state of emergency, as proclaimed in Executive Order Number 33 issued by the Honorable Mark R. Warner, Governor of the Commonwealth of Virginia, effective August 30, 2002, continues to exist due to extreme drought conditions in the County and throughout the Commonwealth, and it is further determined and found that a local state of emergency exists in the County of Albemarle due to the current water level of the County's public water supply resources and surface waters and ground water resources which has created a water supply emergency in the County. Section 2. Violation of Restrictions. It shall be a violation of this Ordinance for any person to use water, or allow or cause the use of water in violation of any restriction on the use of surface waters or ground water set forth in Section C of Executive Order Number 33 issued by the Honorable Mark R. Warner, Governor of the Commonwealth of Virginia, effective August 30, 2002, or as it thereafter may be amended, and any such violation shall be deemed a Class 3 Misdemeanor in the County of Albemarle. Each day during which a violation exists shall be deemed a separate offense. Section 3. Power of County Executive. The County Executive is authorized and directed to enforce the restrictions in Albemarle County by utilizing County employees and resources as he deems necessary. Section 4. Effective Date of Ordinance. (a) This Ordinance shall take effect immediately. (b) This Ordinance shall supercede Ordinance Number 02-E(1) adopted as an Emergency Ordinance on September 4, 2002, provided, however, nothing herein shall be construed to affect, limit, or rescind any actions taken pursuant to that Emergency Ordinance. (c) The provisions of this Ordinance are severable, and the enforceability of any provision in the Ordinance, as determined by a court of competent jurisdiction, shall not affect the enforceability of any other provision of this Ordinance. I, Ella W. Carey, 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 vote of six to zero, as recorded below, at a regular meeting held on October 9, 2002. Clerk, Board of County Supervisors Mr. Bowerman Mr. Dorrier Y Mr. Martin Y Mr. Perkins Y Mr. Rooker Y Ms. Thomas Y Aye Nay Y COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Ordinance to Establish that a Violation of Executive Order Number 33 shall be a Class 3 Misdemeanor in Albemarle County SUBJECT/PROPOSAL/REQUEST: Adoption of Ordinance to enforce Executive Order Number 33 STAFF CONTACT(S): Messrs. Tucker, Foley, Davis AGENDA DATE: October 9, 2002 ACTION: X CONSENT AGENDA: ACTION: ATTACHMENTS: REVIEWED BY: ITEM NUMBER: INFORMATION: INFORMATION: Ordinance BACKGROUND: On August 30, 2002, the Governor of Virginia issued Executive Order Number 33, Declaration of a State of Emergency Due to Extreme Drought Conditions Throughout the Commonwealth. This Executive Order imposed restrictions on the use of surface waters and ground water in Albemarle County and provided that Albemarle County could establish, collect, and retain fines for violations of the restrictions. On September 4, 2002 the Board adopted an Emergency Ordinance establishing that a violation of the Executive Order is a Class 3 Misdemeanor and directed that the restrictions be enforced in the County. The Emergency Ordinance is valid for no more than 60 days. An Ordinance to continue to provide that the Executive Order can be enforced in the County has been advertised and set for public hearing on October 9, 2002. DISCUSSION: The proposed Ordinance provides that a violation of the Executive Order is a Class 3 Misdemeanor and will be enforced by the County for the duration of the emergency established by the Governor's Executive Order. The restrictions imposed by the Albemarle County Service Authority for persons served by the public water system operated by the Authority are in addition to those established by the Executive Order and will continue to be enforced pursuant to County Code Section 16-500. RECOMMENDATION: At the conclusion of the public hearing, staff recommends that the Board adopt the attached Ordinance. Draft: September 20, 2002 ORDINANCE NO. 02- A(3) AN ORDINANCE ESTABLISHING THAT A VIOLATION OF EXECUTIVE ORDER NUMBER 33 ISSUED BY THE GOVERNOR OF VIRGINIA ON AUGUST 30, 2002 SHALL BE A CLASS 3 MISDEMEANOR IN THE COUNTY OF ALBEMARLE, VIRGINIA. WHEREAS, the Honorable Mark R. Warner, Governor of the Commonwealth of Virginia, issued Executive Order Number 33, Declaration of a State of Emergency Due to Extreme Drought Conditions Throughout the Commonwealth, effective August 30, 2002; and WHEREAS, Section C of Executive Order Number 33 prohibits any person or household who utilizes surface waters or ground water in Albemarle County from watering lawns, washing vehicles, filling swimming pools, and irrigating golf courses with the following exceptions: commercial car washes, pools used by health care facilities for patient care and rehabilitation, and watering of golf course tees and greens between the hours of 8:00 p.m. and 8:00 a.m.; and WHEREAS, Section C of Executive Order Number 33 further provides that Albemarle County may establish, collect, and retain fines for a violation of the restrictions promulgated therein; and WHEREAS, the Board of Supervisors of Albemarle County finds that a violation of Executive Order Number 33 should parallel a violation of Albemarle County Code Section 16-500, Conservation of Water During Emergencies, and be enforced as a Class 3 Misdemeanor; and WHEREAS, on November 7, 2001, the Board of Supervisors of Albemarle County declared that there was a water supply emergency in Albemarle County arising from a shortage of water in the urban service area of the County; and WHEREAS, the Board of Supervisors now finds that a water supply emergency exists throughout the County for all public water and groundwater resources; and WHEREAS, the Board of Supervisors previously adopted the provisions of this ordinance to enforce the water restrictions imposed by Executive Order Number 33 on an emergency basis by adopting Ordinance Number 02-E(1) on September 4, 2002. NOW, THEREFORE, BE IT HEREBY ORDAINED THAT: Section 1. Finding of an Emergency. It is hereby determined and found that a state of emergency, as proclaimed in Executive Order Number 33 issued by the Honorable Mark R. Warner, Governor of the Commonwealth of Virginia, effective August 30, 2002, continues to exist due to extreme drought conditions in the County and throughout the Commonwealth, and it is further determined and found that a local state of emergency exists in the County of Albemarle due to the current water level of the County's public water supply resources and surface waters and ground water resources which has created a water supply emergency in the County. Section 2. Violation of Restrictions. It shall be a violation of this Ordinance for any person to use water, or allow or cause the use of water in violation of any restriction on the use of surface waters or ground water set forth in Section C of Executive Order Number 33 issued by the Honorable Mark R. Warner, Governor of the Commonwealth of Virginia, effective August 30, 2002, or as it thereafter may be amended, and any such violation shall be deemed a Class 3 Misdemeanor in the County of Albemarle. Each day during which a violation exists shall be deemed a separate offense. Secton 3. Power of County Executive. The County Executive is authorized and directed to enforce the restrictions in Albemarle County by utilizing County employees and resources as he deems necessary. Section 4. Effective Date of Ordinance. (a) This Ordinance shall take effect immediately. (b) This Ordinance shall supercede Ordinance Number 02-E(1) adopted as an Emergency Ordinance on September 4, 2002, provided, however, nothing herein shall be construed to affect, limit, or rescind any actions taken pursuant to that Emergency Ordinance. (c) The provisions of this Ordinance are severable, and the enforceability of any provision in the Ordinance, as determined by a court of competent jurisdiction, shall not affect the enforceability of any other provision of this Ordinance. I, Ella W. Carey, 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 Mr. Bowerman Mr. Dorrier Mr. Rooker Mr. Martin Mr. Perkins Ms. Thomas Aye Nay Clerk, Board of County Supervisors RESOLUTION TO PETITION THE GOVERNOR TO DECLARE A LOCAL EMERGENCY Whereas, Virginia Code Section 44-146.16(6) provides that a local emergency arising wholly or substantially out of a resource shortage may be declared only by the Governor of the Commonwealth of Virginia upon petition of the local governing body; and Whereas, due to a severe and sustained drought, the County of Albemarle faces a local emergency arising wholly or substantially out of a shortage of surface and ground water; and Whereas, the Governor issued Executive Order Number 33, Declaration of a State of Emergency Due to Extreme Drought Conditions Throughout the Commonwealth, effective August 30, 2002, which included the County of Albemarle within the Governor's emergency area and which placed restrictions on the use of surface and ground water; and Whereas, conditions unique to the County of Albemarle threaten the need for or necessitate additional action to prevent or alleviate the damage, loss, hardship, or suffering caused by the severe shortage of surface and ground water in the County; and Whereas, this local emergency necessitates that the County of Albemarle manage its ground water resources in the same manner that the County or the Albemarle County Service Authority can manage the public water system water resources; and Whereas, a water supply emergency has been declared in the County of Albemarle by the Board of Supervisors of Albemarle County pursuant to the authority in Virginia Code Section 15.2-924 and Albemarle County Code Section 16-500 and, pursuant to this declaration, the Albemarle County Service Authority has imposed significant water use restrictions and is considering the imposition of more severe water use restrictions in order to preserve a sufficient water supply for the citizens of the County during the water emergency; and Whereas, without a declaration by the Governor of a local emergency the County lacks authority to effectively regulate the use of ground water resources; and Whereas, ground water is a principal source of drinking water and stream replenishment in the County and as aquifers become depleted then water levels in surface water reservoirs, springs and wells used for the County's water supply will be lowered and be at great risk; and Whereas, the best information available projects that the below-average rainfall experienced in the last three winters, rainfall that is crucial to water supply replenishment, will continue to be below-average this winter and will further stress already depleted surface and ground water resources; and Whereas, the County of Albemarle's and the City of Charlottesville's combined public drinking water supply has now dropped to a dangerously Iow 53% of capacity and well failures in the County are projected this year to exceed 400% of the record number recorded in the first year of the drought in 1999; and Whereas, unless significant and sustained rainfall occurs the public water supply is projected to continue to decline to catastrophic levels and the number of well failures will exceed the historic numbers already recorded; and Whereas, the state-wide mandatory restrictions and voluntary conservation may not accomplish the necessary conservation of water to sustain the water supply necessary for the citizens of the County of Albemarle until the drought has ended; and Whereas, the declaration by the Governor of a local emergency in Albemarle County and the grant of authority to the County to restrict the nonessential use of ground water during the declared water shortage emergency is vital to the County's authority to take appropriate action to protect the public health, safety, and welfare in response to this water shortage emergency. Now, Therefore, Be It Resolved that the Board of Supervisors of the County of Albemarle, Virginia, hereby petitions the Honorable Mark R. Warner, Governor of the Commonwealth of Virginia, to declare that a local emergency due to a surface and ground water shortage exists in the County of Albemarle. Be It Further Resolved that the Board of Supervisors requests that the Governor grant it all necessary powers and authority to manage and restrict the use of surface and ground water resources in the County while the emergency exists including, but not limited to, the specific authority to restrict the nonessential use of ground water and to prohibit the connection by any new construction to any surface or ground water source if such prohibition is deemed necessary to preserve and sustain the water supply necessary for the citizens of the County of Albemarle currently using the surface water or ground water supply. I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of six to zero, as recorded below, at a meeting held on October 9, 2002. Clerk, Board of County Supervisors Mr. Bowerman Mr. Dorrier Y Mr. Martin Y Mr. Perkins Y Mr. Rooker Y Ms. Thomas Y Aye Nay Y Charlottesville Regional Chamber of Commerce~ RECEIVED AT BOS MEETING Date: /~///~/'~ ~'- Agenda Item #:// Clerk's Initials: cvillechamber.com PO Box 1564 · Fif/h & Market Streets Charlottesville, Virginia 22902 On October 9th, our Charlottesville Regional Chamber of Commerce released the results of its recent Chamber Member Water Conservation Survey, conducted electronically over the 5 days through the Chamber's "Chamber Bits" electronic newsletter sent to all 'Chamber member enterprises. Let me report some of that survey's key findings. The Chamber Member Water Conservation Survey results reveal that business men and women are and have been actively engaged in community water conservation effort. Some findings are: More than four out of five Chamber member businesses (83.5%) responded that they have instituted water conservation measures at their businesses and 75.3% have also done also at home. Also, while more than four out of five Chamber member businesses (81.25%) responded that they have lost business revenues or profits, a similar amount (79.5%) respond that they will not lay off workers or close their business because of water restrictions. Almost four out of five Chamber member businesses describe their water use as "general" in nature (professional office, finance, administrative, etc.) while one out of five (20.2%) describe the nature of their business water use as "substantial"(manufacturing, agribusiness, health care, restaurant, etc.) Our Chamber businesses have and continue to save water. And we should not be surprised. Chamber businesses are made up of good citizens who understand the pressing need to save water 24/7 at home and on the job. And we are. One basic indicator shows our progress so far. Water consumption from the Rivanna Water Authority has' dropped substantially over the past month - fi:om an average of more than 12 million gallons/day to an average of 7.67 million gallons/day. With conservation, total water consumption continues to drop. The total capacity of the Rivanna Water Authority system is about 1.676 billion gallons of water. The 52.9% level reported on Tuesday October 8th means the system currently holds a total of about 886 million gallons of water. With conservation taking hold and currently holding our total water usage to 7.67 million gallons/day - without any rain or snow - there now are more than 100 days of water left or enough to supply the region to mid-January. Without conservation at the previous usage levels (12 million gallons/day), the supply would exhaust by Christmas. Our consumption level is now more than a third less than what it was before restrictions. That is a tremendous achievement. This response is excellent, but our target now should be 6 million gallons/day. That level of use gets us to March. We cannot and will not rest until 100% of our business and citizens are conserving. The Chamber has also taken upon itself the task of helping to get the water conservation message out across the region. In addition to regular conservation information in "Chamber Bits," the Chamber's electronic newsletter, the Chamber and its volunteer corps, in cooperation with the Albemarle Schools, Charlottesville Schools and a number of area Churches has organized the distribution of 25,000 Water Conservation poster cards. The Water Conservation poster cards, p tinted courtesy of PrintSource, list "6 Steps To Conserve Water" and Albemarle County and Charlottesville water conservation web site information. The Chamber also reminds its members that more than 70% of our regional water use takes place in our own homes. That's the most important "leak" for each of us to fix.' The next stop is at work. Business need to keep asking, "What can we do to reduce our general business water use without harming our business, our workers and our customers?" -- and do that. Our Chamber believes that our area must do everything we can to save water without bringing on a second crisis of economic disruption that severe institutional and commercial restrictions can create. The choice between 'nconvenience at home now and long-term economic dislocation if we don't conserve is dangerous. We simply have to succeed in this current crisis. We applaud our Chamber businesses,' our neighbors and our regional water management team - Rivanna Water Authority, the Albemarle County Service Authority and the Charlottesville Department of Public Utilities - for this dedication and hard work. We encourage all public officials to have an even-handed, cautious approach as they consider water restrictions and the immediate and lasting economic effects that can accompany service cutoffs and other severe use restrictions. Thank you. 10.9.02 Our Charlottesville Regional Chamber of Commerce is dedicated to representing private enterprise, promoting business and enhancing the quality of life in the greater Charlottesville communities. Founded in 1913, today the Chamber has more. than 1,200 member businesses and civic organizations, Chamber members employ more than 45,000 men and women in the Charlottesville region, representing an estimated total payroll of more than $~.3 billion a year. Albemarle County Technical Drought Information In Support The Resolution To Petition The Governor To Declare A Local Emergency Albemarle County Department of Engineering & Public Works DRAFT, October 9, 2002 The current drought facing the Commonwealth is severe. In the Charlottesville/Albemarle area, mandatory water restrictions for publiC water customers (Phase I) went into effect on August 23. Phase II restrictions were imposed on September 20, and phase III restrictions are currently under discussion. The impact of the drought on our water supplies is profound, and is having both economic and environmental impacts. There are a number of reasons that the public water reservoirs are depleted (below 53% of capacity to-date): · Four consecutive years of below average rainfall during the critical time of the year when groundwater gets replenished (October through March). · A concurrent decline in shallow groundwater levels that feed basefiow to streams. · Below average rainfall and stormflows during the summer of 2002. · An increase in demand for both surface water and ground water supplies. Officials in Albemarle County have become keenly aware of the link between our surface water supplies and groundwater. Approximately half of the County's citizens rely on public surface water supplies, and the other half on private, individual wells or small community well systems. At present, we are stressing the water conservation message to both types of water users, recognizing the link between groundwater, stream flow, and reservoir capacity. The graphs that follow illustrate the current nature of our crisis and the link between groundwater and surface water supplies. PRECIPITATION For four years now winter rainfall has been well below average. This fact raises serious concerns because most groundwater replenishment occurs in the winter. (In summer, high temperatures, plant growth, and the flashy character of summer storms prevent most rainfall from soaking into the ground and replenishing groundwater. But winter conditions are favorable to groundwater replenishment.) In terms of rainfall we are a total of one year behind average over the last four years. It is as if we have had only three years of groundwater replenishment over the last four years while still having had four years of hot summers, plant growth, and human water demand. RECEIVED AT BOS MEETING Date: ,//~ Agenda Item #: Clerk's Initials: The past year (October 2001 - September 2002) has seen several months with average precipitation, but most months have fallen short. Over the course of the year, there has been a deficit of 16.42 inches of precipitation compared to normal conditions. This amounts to 66% of expected rainfall. Charlottesville Precipitation: Oct 2001 - Se pt 2002 Source: Office of State Climatologist 6.00 5.00 ~ 4.00 = 3.00 ._o ~- 2.00 1.00 0.00 '..-o- ~=~ ...-o= ~., ~.~ ~ ~ ~ ~ ~-. :~= Month IaObserved Precipitation Normal Precipitation STREAMFLOW One can clearly see the result of groundwater depletion on stream flows during the summer of 2002. The Mechums River is the largest tributary to the South Fork Rivanna Reservoir. Flow in the Mechums dropped to below 1 cubic foot per second (cfs) in mid-July, and hit a reading of 0 cfs by the end of August. The gage reading remained at 0 until late September, when the remnants of Tropical Storm Irene brought rainfall to the area. As can be seen from the chart, the median daily streamflow for this period ranges from 22 to 40 cfs. The previous daily mean minimum flowwas recorded at 0.7 cfs on September 9, 1944. Please note that the recent streamflow values are provisional, and have not been published by USGS or DEQ. Also, according to DEQ personnel, the early October readings of 3-5 cfs are inaccurate, and probably reflect a beaver or debris dam in the dver. It is likely that actual readings are approaching 0 cfs once again. US~B OEOSSO00 MECHLI4B RZVER NEaR UHZTE H~LL~ VR 1 I ~ ......... ~-~-~-~-~ ........... ~--~.-2-~ ...... ~ ~ ~ J~ _ ....................................................................... i ...................................... ~ - Sep 14 Sep 21 Sep 28 Oct 85 DATES: 89/89/2882 to 18/89/2882 88:15 E×PLANRTIOfl DISCHARGE HEDIAH OAZLY STRERHFLOfl BASED ON 3t YEARS OF RECORD GROUNDWATER LEVELS Levels in monitored groundwater wells have also been falling, especially shallow wells. Deep wells area also showing declining levels over the course of several years. As the following charts indicate, monitored wells in Louisa, Buckingham, and Orange counties have reaches historic Iow levels. A deep well in Albemarle (409 feet) has shows a steadily declining trend over the course of five years. Recent and Historic Water Table Depth in a 98-Foot Well in Orange County, VA (near Gordonsville) I-,-,,o.,---Recent Depth ~ m 35-Year Historic High .... 35-Year Historic Low Recent and Historic Water Table Depth in a 409-Foot Well in Albemarle County, VA (at Key West) l ...~.. Recent Depth ~ ~ 33-Year Hstoric I-igh .... 33-Year Historic Lo ' Data provid ed by VA Department of EnvJrol3ment al Quality and US Geological Survey. Graph corepiled by Cowry of Albemarle. Buckingham County 1970- Present 54 feet deep Recent Water Table Levels in USGS Wells Louisa County 1970- Present 56 feet deep Rockingham County 1970- Present 310 feet deep WELL REPLACEMENT PERMITS It comes as no surprise that, due to the reduction in groundwater recharge over the course of several years, that well failure rates have increased. According to the Thomas ,Jefferson Health District, well repair permits have seen a marked jump during the summer of 2002 - three times or more than the average expected. Well Repair Permits: Thomas Jefferson Health District ~ 60 5_4____ ~.. 40 32 "5 30 ~, 20 == o Average ('01) July'02 Aug '02 Sept '02 CONCLUSION The data provided in this provide indicate that precipitation has been well below average, and this has been particularly critical dudng the winter months when groundwater normally becomes recharged. Diminished groundwater recharge has manifested this year as depleted baseflow in streams, reaching zero or near zero discharge for major stream systems, such as the Mechums River, the largest tributary to the South Fork Rivanna Reservoir. Reduced Streamflow has been a dire consequence for the area's surface drinking water reservoirs, as water continues to be taken out for public supply, but not replenished through inflow. Reduced groundwater recharge has also meant that well failure rates are on the increase - well replacement permits through the Thomas Jefferson Health District have increased two to three times during the summer of 2002.