HomeMy WebLinkAboutSDP201600011 Request of Modification, Variance, Waiver 2016-03-02 ALBEMARLE COUNTY CODE
c. Prior to considering a request to modify or waive, five (5) days' written notice shall be
provided to the owner, owner's agent or occupant of each abutting lot or parcel and each
parcel immediately across the street or road from the lot or parcel which is the subject of the
request. The written notice shall identify the nature of the request and the date and time the
commission will consider the request.
d. The board of supervisors shall consider a modification or waiver of any standard of section
4.18.04 only as follows:
1. The denial of a modification or waiver, or the approval of a modification or waiver with
conditions objectionable to the developer may be appealed to the board of supervisors as
an appeal of a denial of the plat, as provided in section 14-226 of the Code, or the site
plan, as provided in sections 32.4.2.7 or 32.4.3.9, to which the modification or waiver
pertains. A modification or waiver considered by the commission in conjunction with an
application for a special use permit shall be subject to review by the board of supervisors.
2. In considering a modification or waiver, the board may grant or deny the modification or
waiver based upon the finding set forth in subsection (A), amend any condition imposed
by the commission, and impose any conditions it deems necessary for the reasons set
forth in subsection(B).
(Ord.00-18(3);Ord. 01-18(4),5-9-01)
State law reference—Va.Code§ 15.2-2280.
4.19 SETBACKS AND STEPBACKS IN RESIDENTIAL DISTRICTS
The following shall apply within the R-1,R-2,R-4,R-6,R-10,R-15,PRD,and PUD districts:
Infill: Setbacks
Front-Minimum Closest setback of an existing structure within 500 feet in each direction along street
fronted
Front-Maximum None
Garage-Minimum Front loading garage: 18 feet from the right-of-way or the exterior edge of the sidewalk
if the sidewalk is outside of the right-of-way
Side loading garage: Closest setback of an existing structure within 500 feet in each
direction along street fronted
Garage-Maximum None
Side-Minimum 10 feet,unless the building shares a common wall;provided that in the R-10 and R-15
districts if the abutting lot is zoned residential other than R-10 and R-15,Rural Areas,or
the Monticello Historic district,any dwelling unit that exceeds 35 feet in height shall be
set back 10 feet plus one foot for each foot the dwelling unit exceeds 35 feet in height
Side-Maximum None
Rear-Minimum 20 feet
Rear-Maximum None
Infill: Stepbacks
Front Floors above 40 feet or the third story,whichever is less, shall be stepped back a
minimum of 15 feet
Side and Rear None
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ALBEMARLE COUNTY CODE
Non-Infill: Setbacks
Front-Minimum 5 feet from the right-of-way or the exterior edge of the sidewalk if the sidewalk is
outside of the right-of-way
Front-Maximum In the R-1 and R-2 districts:None
In the R-4, R-6,R-10,and R-15 districts:25 feet from the right-of-way or the exterior
edge of thesidewalk if the sidewalk is.outside of the right-of-way;none,on any lot,
including a corner lot,abutting a principal arterial highway
Garage-Minimum Front loading garage: 18 feet from the right-of-way or the exterior edge of the sidewalk
if the sidewalk is outside of the right-of-way
Side loading garage: 5 feet from the right-of-way or the exterior edge of the sidewalk if
the sidewalk is outside of the right-of-way
Garage-Maximum None
Side-Minimum None; see Non-Infill Building Separation
Side-Maximum None'
Rear-Minimum 20 feet
Rear-Maximum None
Non-Infill:Building
Separation
Minimum 10 feet,unless the building shares a common wall;provided that in the R-10 and R-15
districts if the abutting lot is zoned residential other than R-10 and R-l5,rural areas,or
the Monticello Historic district,any building that exceeds 35 feet in height shall be
separated from any other building by 10 feet plus one foot for each foot the building
exceeds 35 feet in height
Side-Maximum None
Non-Infill: Stepbacks
Front Floors above 40 feet or the third story,whichever is less,shall be stepped back a
minimum of 15 feet
Side and Rear None
1.Whether a site is an infill or non-infill development,and the minimum and maximum setback,shall be determined by
the zoning administrator as an official determination provided to the owner.
2.Any minimum setback and any minimum building separation for a side yard,may be reduced by special exception.
3.The maximum front setback for a non-infill development shall be increased to the depth necessary to avoid existing
utilities,significant existing vegetation steep slopes,perennial and intermittent streams,stream buffers,public spaces
and public plazas shown as such on an approved site plan or subdivision plat,to satisfy a condition of a certificate of
appropriateness,and in circumstances where there are multiple dwellings on the same lot and prevailing
development patterns..
4.The maximum front setback for a non-infill development may be increased by special exception to accommodate
low impact design,unique parking or circulation plans,or a unique target market design.
5.The minimum 15 foot stepback may be reduced by special exception.
6. Notwithstanding section 4.6.3,the front setbacks in the districts subject to this section shall be measured from the
right-of-way or the exterior edge of the sidewalk if the sidewalk is outside of the right-of-way.
7.On any site subject to proffered conditions accepted in conjunction with a zoning map amendment establishing
minimum or maximum setbacks or stepbacks,the proffered setbacks or stepbacks shall apply.
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