HomeMy WebLinkAboutLOD201700011 Letter of Determination 2017-04-05COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
March 27, 2017
Fax (434) 972-4126
RE: LOD2017-00011 - ADVISORY DETERMINATION OF USE — Accessory uses -
Solar Panels
Many different uses may be considered accessory to the primary use, building or
structure within Albemarle County. Chapter 18 of the Albemarle County Code (the
Zoning Ordinance) does not list each accessory use separately, and it is not required to
list each accessory use separately. When there is a question of whether a use is
considered primary or accessory to a primary use the zoning administrator must make a
determination.
In accordance with Section 31.1 a(2) of the Zoning Ordinance, the following advisory
determination for how the use of solar panels in Albemarle County are permitted will be
confirmed in writing. This advisory determination does not pertain to solar power
generation as a primary or accessory use of the property (i.e., a solar farm). The Zoning
Ordinance must be amended, via the Zoning Text Amendment process, to permit solar
power generation as a primary use either by right or by special use permit.
Analysis
Each zoning district, which includes residential, commercial, industrial and planned
districts, has a list of uses permitted by right and by special use permit. In all
residential, industrial and planned districts, and by interpretation of the uses within the
commercial districts, accessory uses are a by right use. Accessory use is defined in
Section 3 of the Zoning Ordinance as follows;
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; provided that a subordinate use, building or structure customarily incidental to
a primary farm use, building or structure need not be located upon the same lot occupied
by the primary farm use, building, or structure.
The Zoning Ordinance does not list solar panels as either a primary or an accessory
use. In the past an interpretation and determination were made, by the zoning
administrator, to allow solar panels as an accessory use to dwelling units and
commercial or industrial buildings which would be the primary use, building or structure
on many parcels in Albemarle County. Since 1996, this determination has allowed the
issuance of almost 300 building permits for solar panel installation, with the majority
issued since 2010.
March 27, 2016
LOD201700011
Page 2of2
With this advisory determination, I am confirming, in writing, the previous interpretation
that solar panels are an accessory use to a permitted primary use, building or
structure and permitted by right in all zoning districts. A Zoning Text Amendment
is not needed to allow solar panels in all zoning districts.
Francis H. MacCall
Principal Planner
Cc: Amelia G. McCulley, Zoning Administrator
John Blair, Deputy County Attorney