HomeMy WebLinkAboutLZC201000008 Action Letter 2016-12-14COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
September 10, 2010
Mr. Bill Downer
P. O. Box 17�V
Charlottesville, VA 22902 krIttesville,
RE: LZC2010-008 — Hickory Hill Store769/777 Monacan Trail Road (Route 2 S), C VA 22903,
Albemarle County, VA
Tax Map/Parcel 07500-00-00-05000
Dear Bill. -
In response to your application for a letter of zoning compliance, this office has
researched the above referenced parcel and offers the following information:
■ Our records indicate the property is owned by Marti Spry, and ceased
operation as a store in December of 2009, soon after the death of co-
owner, George Spry. The property is located on Monacan Trail Road
(Route 29 South), between that road and the Norfolk Southern Railroad
tracks, in Albemarle County, Virginia.
■ The parcel is zoned RA Rural Areas. Section 10.2 of the Albemarle County
Zoning Ordinance indicates the uses allowed in the RA zoning district. The
property is also located in the Airport Impact Area (AIA) Overly District and
the Entrance Corridor Overlay (EC) District. The property is almost entirely
within the 100 year Flood Hazard Overlay District (FH) and/or contains
steep slopes in excess of 25%.
■ The existing use is considered a legal non -conforming use, since it existed
prior to the adoption of Albemarle County Zoning regulations. As a non-
conforming use, it can continue so long as the use is not discontinued for a
period of two (2) years or more and does not change. Therefore, this use
will be considered abandoned if it remains out of operation through
December, 2011.
lADEPT\Community Development\Zoning & Current Development\Letter of Compliance\2010 Compliance\LCZ201000008
Hickory Hill Store.doc
Bill Downer
September 10, 2010
Page 2
■ A review of our records does not show any unresolved zoning violations
and/or complaints.
If you have questions or require additional information please feel free to contact
me at 296-5832 ext. 3225 and I will be happy to help you.
Sincerely, /
R-6n-ald L. Higgins, AICP
Chief of Zoning/Deputy Zoning Administrator
Enclosures: Copy of the Zoning Ordinance §10.2
2
ALBEMARLE_ COUNTY CODE
CHAPTERIS
ZONING
SECTION 10
RURAL AREAS DISTRICT, RA
Sections:
10.1 INTENT, WHERE PERMITTED (Amended 11-8-89; 10-3-01)
10.2 PERMITTED USES
10.2.1 BY RIGHT
10.2.2 BY SPECIAL USE PERMIT
10.3 APPLICATION OF REGULATIONS FOR DEVELOPMENT BY RIGHT
10.3.1 CONVENTIONAL DEVELOPMENT (Amended 11-8-89)
10.3.3 RURAL PRESERVATION DEVELOPMENT (Added 11-8-89)
10.3.3,1 DEFINITIONS (Added 11-8-89)
10.3.3.2 INTENT; DESIGN STANDARDS (Added I 1-8-89)
10.3.3.3 SPECIAL PROVISIONS (Added 11-8-89)
10.4 AREA AND BULK REGULATIONS
10.5.2 WHERE PERMITTED BY SPECIAL USE PERMIT
10.5.2.2 MATERIALS TO BE SUBMITTED BY THE APPLICANT
10.1 INTENT, WHERE PERMITTED
This district (hereafter referred to as RA) is hereby created and may hereafter be established by
amendment of the zoning map for the following purposes: (Amended I 1-8-89)
-Preservation of agricultural and forestal lands and activities;
-Water supply protection;
-Limited service delivery to the rural areas; and
-Conservation of natural, scenic, and historic resources. (Amended 1 1-8-89)
Residential development not related to bona fide agricultural/forestal use shall be encouraged to
locate in the urban area, communities and villages as designated in the comprehensive plan where
services and utilities are available and where such development will not conflict with the
agricultural/forestal or other rural objective. Where development does occur, rural residents
should expect to receive a lower level of service delivery than will be provided to residential
developments in designated growth areas. In relation to residential development,
agricultural/forestal activities shall be regulated only to the extent necessary to protect public
health and safety. (Added 1 1-8- 89; Amended 10-3-01)
In regard to agricultural preservation, this district is intended to preserve the county's active farms
and best agricultural and forestal lands by providing lot areas designed to insure the continued
availability of such lands for preferential land use tax assessment in order to enhance the economy,
and maintain employment and lifestyle opportunities. In addition, the continuation and
establishment of agriculture and agriculturally -related uses will be encouraged, and landowners
will be encouraged to employ Virginia State Water Control Board best management practices.
(Amended 1 1-8- 89)
(§ 10.1, 12-10-80, 1 1-8-89; Ord. 01-18(6), 10-3-01)
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It is intended that permitted development be restricted to land which is of marginal utility for
agricultural/forestal purposes, provided that such development be carried out in a manner which is
compatible with other purposes of this district. Roadside strip development is to be discouraged
flu-ough the various design requirements contained herein. (Amended 1 1-8-89)
10.2 PERMITTED USES
10.2.1 BY RIGHT
The following uses shall be permitted by right in the RA district, subject to the applicable
requirements of this chapter:
I. 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.
2. 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. (Repealed 5-5-10)
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 ternporary 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 1 1-1-89)
10. Temporary sawmill (reference 5.1.15 and subject to perfonnance 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.
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�+. 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.
b. Due to the destruction of a permanent horse 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 1 1-8-89)
17. Farm winery uses authorized under section 5.1.25(a) and (b). (Added 12-16-81; Amended 5-
5-10)
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 1 I- 11-92)
20. Commercial stable (reference 5.1.03). (Added I 1-15-95)
21. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
22. Tier I and Tier II personal wireless service facilities (reference 5.1,40). (Added 10-13-04)
23. Farm worker housing, Class A (up to ten occupants and up to two sleeping structures)
24. County store, Class A (reference 5.1.45). (Added 1 1-12-08)-`-
25. Small wind turbines (reference 10-09)
26, Farm sales (reference 5.1.47) (Added 5-5-10)
27. Farm stands (reference 5.1.47) (Added 5-5-10)
(§ 20-10.2.1, 12-10-80; 12-16-81; 7-6-83; 1 1-1-89; 11-8-89; 11-11-92; 5-12-93; Ord. 95-20(5), 11-15-95;
Ord. 98-A(1), § 18-10.2.1, 8-5-98; Ord. 02-18(6), 10-9-02; Ord 04-18(2), 10-13-04; Ord, 06-18(2), I2-13-
06; Ord. 08-18(7), 11-12-08; Ord. 09-18(1 1), 12-10-09; Ord. 10-18(3), 5-5-10; Ord. 10-18(4), 5-5-10)
10.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted by special use permit in the RA district, subject to the
applicable requirements of this chapter: (Added 10-9-02; Amended 5-5-10)
l . 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).
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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.
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 5.1.1 1 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, Class B (reference 5.1.45). (Amended 11-12-08)
23, Commercial fruit or agricultural produce packing plants. (Amended 11-8-89)
24. (Repealed 1 1-8-89)
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 faithful]}, as possible to the architectural character of the period and shall be
maintained consistent therewith; or
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ALBEAL9RLE COUNTYCODE
b. Nonconforming uses; provided the restaurant or inn is served by existing Nvater and
sewerage systems having adequate capacity for both the existing and proposed uses and
facilities without expansion of either system. (Amended 1 1-8-89; 10-18-00)
28. Divisions of land as provided in section 10.5.2.1. (Amended 5-5-04 effective 7-1-04)
29. Boat landings and canoe livery.
30. Permitted residential uses as provided in section 10,5.2.1. (Amended 5-5-04 effective 7-1-04)
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)
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. Tier- III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
49. Historical centers, historical center- special events, historical center festivals (reference
5.1.42). (Added 6-8-05)
50. Special events (reference 5.1.43). (Added 7-13-05)
51. Farm worker- housing, Class B (more than ten occupants or more than two sleeping structures)
(reference 5.1.44). (Added 12-13-06)
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52. Sale of gasoline and other fuels in conjunction with a country store. Class A or Class B
(reference 5.1.45). (Added I I-12-08)
53. Farm winery, uses authorized under section 5.1.25(c). (Added 5-5-10)
54. Fanners' markets (reference 5.1.47). (Added 5-5-10)
(§ 20-10.2.2, 12-10-80; 3-18-81; 2-10-82; 4-28-82; 7-6-83; 3-5-86; 1-1-87; 12-2-87; 11-8-89; 6-10-92; 11-
1 1-92; Ord. 95-20(l), 3-15-95; Ord. 95-20(3), 10-11-95; Ord. 95-20(5), 11-15-95; Ord. 98-A(1), § 18-
10.2.2, 8-5-98; Ord. 99-18(4), 6-16-99; Ord. 00-18(6), 10-18-00; Ord. 01-18(2), 3-21-01; Ord. 02-18(6),
10-9-02; Ord. 04-18(1), 5-5-04 effective 7-1-04; Ord.04-18(2), 10-13-04; Ord, 05-18(7), 6-8-05; Ord. 05-
18(8), 7-13-05; Ord. 06-18(2), 12-13-06; Ord. 08-18(7), 1 1-12-08; Ord. 10-18(3), 5-5-10, Ord. 10-18(4), 5-
5-10)
10.3 APPLICATION OF REGULATIONS FOR DEVELOPMENT BY RIGHT
The following provisions shall apply to any parcel of record at 5:15 p.m., the tenth day of
December, 1980 (reference 6.5). (Amended 1 1- 8-89)
10.3.1 CONVENTIONAL DEVELOPMENT (Amended 11-8-89; 6-14-00)
Regulations in section 10.5 governing development by right shall apply to the division of a parcel
into five (5) or fewer lots of less than twenty-one (21) acres in area and to the location of five (5)
or fewer dwelling units on any parcel in existence at the time of adoption of this ordinance
(reference section 1.3). The aggregate acreage devoted to such lots or development shall not
exceed thirty-one (31) acres, except in such case where this aggregate acreage limitation is
precluded by other provisions of this ordinance. The second sentence of this provision shall not be
applicable to land divided between the effective date of this ordinance (reference section 1.3) and
November 8, 1989. (Amended 11-8-89; 9-9-92; 6-14-00)
10.3.2 In addition to the foregoing, there shall be permitted by right any division of land into parcels each
of which shall be twenty-one (21) acres or more in area. No such parcel shall be included in
determining the number of parcels which may be created by right pursuant to section 10.3.1;
provided that (a) no such division shall affect the number of parcels which may be divided
pursuant to section 10.3.1; (b) there may be located not more than one (1) dwelling unit on any
parcel created pursuant to this section; (c) at the time of any such division, the owner of the parcel
so divided shall designate the number of parcels into which each parcel so divided may be further
divided pursuant to section 10.3.1 together with aggregate acreage limitations in accordance with
section 10.3.1; and (d) no such division shall increase the number of parcels which may be created
pursuant to section 10.3.1. (Amended 9-9-92)
10.3.3 RURAL PRESERVATION DEVELOPMENT (Added l 1-8-89)
10.3.3.1 DEFINITIONS
The following definitions shall apply to any rural preservation development created under section
10.3.3: (Amended 10-3-01)
Development Lot: A lot within a rural preservation development, other than a rural
preservation tract, created for the purpose of residential or other permitted usage.
b. Rural Preservation Development: A subdivision of land consisting of development lots
together with a rural preservation tract.
c. Rural Preservation Tract: A lot, the usage and diminishment of which is restricted and
protected by legal arrangements to insure its maintenance and preservation for the purpose of:
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