HomeMy WebLinkAboutLOD201600001 Letter of Determination 2016-01-14ra,
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 229024596
Phone (434) 296-5832 Fax (434) 9724126
January 14, 2016
RE: LOD2016-00001 - OFFICIAL DETERMINATION OF USE — Heliport or Helipad
(Associated with Martha Jefferson Hospital)
In accordance with Section 31.1 a(2) of the Zoning Ordinance, the following
determination is made as to whether a helipad is permitted as an accessory use to a
primary hospital use. For the purpose of this determination, heliport and helipad are
considered the same use.
Section 3 of the Zoning Ordinance defines heliport as follows; Heliport: An area of
land or water or a structure used or intended to be used for the take -off or landing of a
helicopter.
Section 3 of the Zoning Ordinance also defines hospital as follows; Hospital: A
buildinq_or group of buildings designed, used or intended to be used, for the care of the
sick, aged or infirmed, including the care of mental, drug -addiction or alcoholic cases.
Section 3 of the Zoning Ordinance also defines accessory use as follows;
AccessM use building or structure: A subordinate use building or structure
customarily incidental to and located upon the same lot occupied by the prima
use, building, or structure, and located upon land zoned to allow the primary use,
building or structure: provided that a subordinate use, building or structure customarily
incidental to a rima farm use building or structure need not be located upon the same
lot occupied by the primary farm use, building, or structure. (Emphasis added)
As part of the evaluation of a heliport or helipad being an accessory use to a
primary hospital use it was also considered if the use is both ordinary and
commonly practiced or engaged in, with or at a primary use, within the
Commonwealth, as determined by objective evidence.
After considerable research, objective evidence was found that the use of a
heliport or helipad at hospitals located within the Commonwealth of Virginia is a
subordinate use to the primary hospital use, is both ordinary and commonly
engaged in at the majority of said hospitals and are located on the same lot
occupied by said hospitals. Thus it is determined that in Albemarle County
A heliport or helipad is an accessory use to a primary hospital use in
the districts in which hospitals are permitted and at this time does
not require leaislativeapproval to be located at an approved
hospital.
January 14, 2016
LOD201600001
Page 2 of 2
If anyone is aggrieved by this determination, they shall have a right to appeal it within
thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311. If they do
not file a timely appeal, this determination shall be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning
Administrator and the Board of Zoning Appeals, in accordance with Chapter 18, Section
34.3 of the Zoning Ordinance, along with a fee of $258 plus the actual cost of
advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the
Department of Community Development located at 401 McIntire Road, Charlottesville,
Virginia 22902 or online at www,albemarle.org/edapps. This form applies to the appeal
of a decision of the zoning administrator or any other administrative officer pertaining to
the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are
located in Chapter 18, Section 34.3 of the Zoning Ordinance. They may be reviewed
online at www.albemarle.orglcountvcodebza.
Francis H. MacCali
Principal Planner
Cc: Amelia G. McCulley, Zoning Administrator
Greg Kamptner, Deputy County Attorney
Wayne Cilimberg, Director of Planning