HomeMy WebLinkAboutLZC200400027 Action Letter 2017-07-12COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone 434 296-5832 Fax 434 972-4126
January 5, 2005
Tara Rowan Boyd
LeClair Ryan
Post Office Box 2017
Charlottesville, VA 22902-2017
RE: Zoning Compliance for Tax Map 102, Parcels 35B, 37 37P & 39 and Tax
Map 103, Parcels 1, 1 B, 1 C, 1 E, 1 F& 1 G
Dear Ms. Boyd:
You have asked for a letter that provides an analysis of the zoning and other
information regarding the referenced property. This analysis did not include an
on -site inspection of the property. A letter of zoning compliance for Tax Map 103,
Parcel 10A will be done under a separate application.
1. The following information regarding the referenced parcels is based on a
review of our zoning records:
Tax Map 102, Parcel 35B contains 61.950 acres and has 1 dwelling. The
property is in the Lanark Agricultural Forestal District. This parcel is owned
by Kluge Estate Winery & Vineyard, L.L.C.
Tax Map 102, Parcel 37 contains 71.125 acres and has 1 dwelling, 2 cold
storage facilities and several additional outbuildings. The property is in the
Lanark Agricultural Forestal District. This parcel is owned by Kluge Estate
Winery & Vineyard, L.L.C. We have record of a sign permit, S-1975-75,
that was issued in 1975.
Tax Map 102, Parcel 37P contains 2.022 acres and has 1 dwelling. The
property is not in an agricultural forestal district. This parcel is owned by
Kluge Estate Winery & Vineyard, L.L.C.
Tax Map 102, Parcel 39 contains 94.260 acres and has 1 dwelling. The
property is not in an agricultural forestal district. This parcel is owned by
Kluge Estate Winery & Vineyard, L.L.C.
Tara Rowan Boyd
January 5, 2005
Page 2
Tax Map 103, Parcel 1 contains 144.270 acres and has no dwellings. The
parcel contains 7 outbuildings suitable for agricultural purposes. The
property is in the Lanark Agricultural Forestal District. This parcel is owned
by William J. Moses or Patricia M. Kluge.
Tax Map 103, Parcel 18 contains 97.670 acres and no dwellings. The
parcel is improved by a bell tower, a basement, a chapel, a mausoleum, a
soapstone patio and an outbuilding for water and waste. A subdivision plat
was approved on September 27, 2000 that reduced the acreage of this
parcel from 173.040 acres to 97.67 acres. The property is in the Lanark
Agricultural Forestal District. This parcel is owned by William J. Moses or
Patricia M. Kluge.
Tax Map 103, Parcel 1 C contains 1.42 acres and has 1 dwelling. The
property is in the Lanark Agricultural Forestal District. This parcel is owned
by William J. Moses or Patricia M. Kluge.
Tax Map 103, Parcel 1 E contains 326.63 acres and has 1 dwelling and 7
farm buildings. Our records indicate that three of these buildings contain
offices. The property is in the Lanark Agricultural Forestal District. In 1974
a special permit, SP-74-398, was approved to allow a mobile home on
Parcel 1 E. Manufactured homes are now allowed by right in the RA
district. On February 17, 1987 the Board of Zoning Appeals approved a
variance, VA-86-53, to reduce the front setback from 75 feet to 58 feet to
allow the construction of the gate house. A copy of the action letter is
enclosed. This parcel is owned by William J. Moses or Patricia M. Kluge.
Tax Map 103, Parcel IF contains 3.010 acres and has 1 dwelling. The
property is in the Lanark Agricultural Forestal District. This parcel is owned
by William J. Moses or Patricia M. Kluge.
Tax Map 103, Parcel 1 G contains 4.140 acres and has 1 dwelling. The
property is in the Lanark Agricultural Forestal District. This parcel is owned
by William J. Moses or Patricia M. Kluge.
2. All of the referenced parcels are in the Rural Areas Zoning District, RA. The
uses that are permitted by right and by special permit in this district are set
forth in Section 10.2.1 and 10.2.2. A copy of Section 10 is enclosed.
3. Farm Wineries are permitted by right in the RA district, subject to the
supplemental regulations set forth in Section 5.1.25. A copy of that section is
enclosed.
Tara Rowan Boyd
January 5, 2005
Page 3
4. We have no record of zoning complaints or zoning violations regarding uses
or improvements on the referenced parcels in our zoning data base.
5. Our records indicate that three buildings on Tax Map 103, Parcel 1 E contain
offices. I understand from you that these offices are used for the vineyard
manager and that they are and will continue to support the permitted vineyard
and farm winery. An office for this purpose is permitted by right because it is
considered to be accessory to an agricultural use that is permitted by right in
this zoning district. Please be aware that home occupations that are not
related to agricultural uses and are conducted in accessory structures require
a special permit in the RA district. Offices other than farm offices or offices
associated with home occupations are not permitted in the RA district. A copy
of Section 5.2 Home Occupations and the definitions of home occupation and
office are enclosed for your use.
6. Please be aware that the Board of Supervisors is considering amendments to
the Rural Areas chapter of the Comprehensive Plan. Once approved, it is
anticipated that Section 10 of the Zoning Ordinance will be amended to
implement the amended Comprehensive Plan.
Please contact me if you have questions or require further information.
Sincerely,
/4""�
John Shepherd
Manager of Zoning Administration
Enciosed: VA-86-53 action letter
Section 10 Rural Areas District- RA
Section 5.1.25 Farm Winery
Section 5.2 Home Occupations
Definitions of "office" and "Home Occupation, Class B"
CORRECTED COPY 1' Y OF A L, g F4
�o� OF lL �C
DEPARTMENT OF ZONING
401 MCINTIRE ROAD
CHARLoTTESVILLE. VA. 22901-4596
(8Q4) 296-5875
February 26, 1987
J.W.K. Properties, Inc.
Rt. 6, Box 69
Charlottesville, VA 22901
Re: Board of Zoning Appeals Action
VA-86-53, Tax Map 103, Parcel 1E
Dear Sirs:
This letter is to inform you tnat on February 17, 1987,
during the regular meeting of the Albemarle County Board of
Zoning Appeals, your application for VA--86-53 was approved
subject to the variance being limited to the construction
of a gatehouse only, and that if the private road on which
it fronts becomes a public road and is widened that the
gatehouse be moved at the owner's expense.
This variance approval allows relief from Section 10.4
of the Albemarle County Zoning Ordinance to reduce the front
setback measurement from seventy-five (75) feet to fifty--
eight (58) feet to allow construction of a gate house.
If you have any questions, please contact our office.
Sincerely,
i_ 1Y�4
6,C) , � . /
Charles W. Burgess, Jr.
Zoning
Administrator
CWB,jr/st
cc: VA-86-53
Inspections Department
CHAPTER IS
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 11-8-89)
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 11-8-89)
-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 11-8-89)
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 11-8- 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 11-8- 89)
(§ 10.1. 12-10-80, 11-8-89:Ord. 01-18(b), 10-3-01)
18-10-1
Zoning Supplement #123, 10-9-02
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
through the various design requirements contained herein. (Amended 11-8-89)
10.2 PERMITTED USES
10.2.1 BY RIGHT
The following uses shall be permitted in any RA district subject to the requirements and
limitations of these regulations:
1. 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).
b. 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 15 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 tacilities 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.
18-10-2
Zoning Supplement #23, 10-9-02
FA
I BEMARLE COUNTY CODE
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.
b. 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)
I9. 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 fmal site plan or subdivision plat.
(Added 10-9-02)
22. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added I0-I3-04)
(§ 20-10.2.1, 12-10-80; 12-16-81; 7-6-83; 11-1-89; 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)
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: (Added 10-9-02)
I. 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.
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)
18-10-3
Zoning 5upp. #30, 10-13-04
/ 'EMARLE COUNTY CODE
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 IS. I-
486.2 of the Code (reference 5.1.07).
16. (Repealed I1-15-95)
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, Bight 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:
a. Located within an historic landmark as designated in the comprehensive plan, provided:
W 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 I 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)
18-10-4
I
Zoning SUPP. #30, 10-13-04
T
a
GBEMARLE COUNTY CODE
35. Church building and adjunct cemetery.
36. Gift, craft and antique shops.
37. Public garage. (Added 3-18-8I)
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.I.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)
(§ 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-
11-92; 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-I8(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)
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 11- 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 Iots 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
I8-10-5
Zoning Supp. #30, 1-0-13.04
BEMARLE COUNTY CODE
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 11-8-89)
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)
a. 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. -
preservation of agricultural and forestal land and activity; water supply protection; and/or
conservation of natural, scenic or historic resources.
(§ 10.3.3.1, 11-8-89; Ord. 01-18(6), 10-3-01)
10.3.3.2 INTENT; DESIGN STANDARDS (Added 11-8-89)
The rural preservation development option is intended to encourage more effective land usage in
terms of the goals and objectives for the rural areas as set forth in the comprehensive plan than can
be achieved under conventional development. To this end, application for rural preservation
development shall be reviewed for:
a. Preservation of agricultural and forestal lands and activities;
b. Water supply protection; and/or
c. Conservation of natural, scenic or historic resources.
More specifically, in accordance with design standards of the comprehensive plan and where
deemed reasonably practical by the commission:
d. Development lots shall not encroach into prime, important or unique agricultural or forestal
soils as the same shall be shown on the most recent published maps of the United States
Department of Agricultural Soil Conservation Service or other source deemed of equivalent
reliability by the Soil Conservation Service;
e. Development Iots shall not encroach into areas of critical slope or flood plain and shall be
situated as far as possible from public drinking water supply tributaries and public drinking
water supply impoundments;
f. Development lots shall be so situated and arranged as to preserve historic and scenic settings
deemed to be of importance to the general public and natural resource areas whether such
features are on the parcel to be developed or adjacent to such parcel;
18-10-5
Zoning Supp. #30, 10-13-04
g. Development lots shall be confined to one area of the parcel and shall be situated so that no
portion of the rural preservation tract shall intrude between any development lots;
h. All development Iots shall have access restricted to an internal street in accordance with
Chapter 14 of the Code of Albemarle;
i. Nothing stated herein shall be deemed to obligate the commission to approve a rural
preservation development upon finding in a particular case that such proposal does not
forward the purposes of rural preservation development as set forth hereinabove and that the
public purpose to be served would be equally or better served by conventional development.
10.3.3.3 SPECIAL PROVISIONS (Added 11-8-89)
In addition to design standards as set forth in section 10.3.3.2 and other regulation, the following
special provisions shall apply to any rural preservation development:
a. The maximum number of lots within a rural preservation development shall be the same as i
may be achievable pursuant to section 10.3.1 and section 10.3.2 and other applicable law.
Each rural preservation tract shall count as one (1) lot. In the case of any parcel of land
which, prior to application for rural preservation development, has been made subject to a
conservation, open space or other similar easement which restricts development on the parcel,
the total number of lots available for rural preservation development shall not exceed the
number available for conventional development as limited by any such previously imposed
easement or easements;
b. Section 10.3.3.3.a notwithstanding, no rural preservation development shall contain more than
twenty (20) development lots (Amended 5-5-04 effective 7-1-04);
c. Provisions of section 10.3.3, rural preservation development, shall be applied to the entire
parcel. Combination of conventional and rural preservation development within the parcel
shall not be permitted, provided that the total number of lots achievable under section 10.3.1
and section 10.3.2 shall be permitted by authorization of more than one (1) rural preservation
tract. Nothing contained herein shall be deemed to preclude the director of current
development and zoning from approving a rural preservation development for multiple tracts
of adjoining land, or on land divided or otherwise altered prior to the effective date of this
provision; provided that, in either case, the provisions of section 10.3.3 shall be applicable
(Amended 5-5-04 effective 7-1-04);
d. The area devoted to development lots together with the area of roadway necessary to provide
access to such lots shall not exceed the number of development lots multiplied by a factor of
six (6) expressed in acres;
e. No rural preservation development shall contain less than one (1) rural preservation tract. The
director of current development and zoning may authorize more than one (1) rural
preservation tract in a particular case pursuant to the various purposes of rural preservation
development as set forth in section 10.3.3.2 or in accord with section 10.3.3.3.c, as the case
may be (Amended 5-5-04 effective 7-1-04);
f. No rural preservation tract shall consist of less than forty (40) acres. Except as specifically
permitted by the director of current development and zoning at time of establishment, not
more than one (1) dwelling unit shall be located on any rural preservation tract or
development lot. No rural preservation tract shall be diminished in area. These restrictions
shall be guaranteed by perpetual easement accruable to the County of Albemarle and the
public recreational facility authority of Albemarle County in a form acceptable to the board.
In accordance with Chapter 14 of the Code of Albemarle, the director of planning and
18-10-7
Zoning Supp. #29, 7-1-04
community development shall serve as agent for the board of supervisors to accept such
easement. Thereafter, such easement may be modified or abandoned only by mutual
agreement of the grantees to the original agreement (Amended 5-5-04 effective 7-1-04);
g. Each application for a rural preservation development is subject to the review and approval of
the director of current development and zoning (Added 5-5-04 effective 7-1-04).
(§ 20-10.3.3.3, 11-8-89; § 18-10.3.3.3, Ord. 98-A(l), 8-5-98; Ord. 04-I8(l), 5-5-04 effective 7-1-04)
10.4 AREA AND BULK REGULATIONS
REQUIREMENTS
DIVISIONS BY
DIVISIONS BY SPECIAL USE
RIGHT
PERMIT
(Amended 8-14-
(Amended 8-14-85)
85)
Gross density
0.5 du/ac
0.5 du/ac
Minimum lot size
2.0 acres
2.0 acres
Minimum frontage
existing public
roads
250 feet
250 feet
Minimum frontage
internal public
or private roads
150 feet
150 feet
Yards, minimum:
Front (existing public roads)
75 feet
75 feet
Front (internal public or
private road)(Amended 11-13-91)
25 feet
25 feet
Side
25 feet
25 feet
Rear
35 feet
35 feet
Maximum
structure
hei ht
35 feet
35 feet
10.5 SPECIAL PROVISIONS FOR MULTIPLE SINGLE-FAMILY DWELLING UNITS
10.5.1 LIMITATIONS ON DIVISIONS PERMITTED BY RIGHT
Divisions of land shall be permitted as provided hereinabove; except that no parcel of land of
record on the date of the adoption of this ordinance may be divided into an aggregate of more than
five (5) parcels except as provided in section 10.3.2 and section 10.5.2 hereof nor shall there be
constructed on any such parcel an aggregate of more than five (5) units. (Amended 11-8-89)
10.5.2 WHERE PERMITTED BY SPECIAL USE PERMIT
10.5.2.1 The board of supervisors may authorize the issuance of a special use permit for more lots than the
total number permitted under section 10.3.1 and section 10.3.2; provided that no such permit shall
be issued for property within the boundaries for the watershed of any public drinking water supply
impoundment, and further provided that no such permit shall be issued to allow more development
lots within a proposed rural preservation development than that permitted by right under section,
10.3.3.3(b). (Added I 1-8-89; Amended 5-5-04 effective 7-1-04)
The board of supervisors shall determine that such division is compatible with the neighborhood
as set forth in section 31.2.4.1 of this chapter with reference to the goals and objectives of the
18-10-8
Zoning Supp. #29, 7-1-04
comprehensive plan relating to rural areas including the type of division proposed and specifically,
as to this section only, with reference to the following: (Amended 11-8-89)
1. The size, shape, topography and existing vegetation of the property in relation to its suitability
for agricultural or forestal production as evaluated by the United States Department of
Agriculture Soil Conservation Service or the Virginia Department of Forestry.
2. The actual suitability of the soil for agricultural or forestal production as the same shall be
shown on the most recent published maps of the United States Department of Agriculture Soil
Conservation Service or other source deemed of equivalent reliability by the Soil
Conservation Service.
3. The historic commercial agricultural or forestal uses of the property since 1950, to the extent
that is reasonably available.
4. If located in an agricultural or forestal area, the probable effect of the proposed development
on the character of the area. For the purposes of this section, a property shall be deemed to be
in an agricultural or forestal area if fifty (50) percent or more of the land within one (1) mile
of the border of such property has been in commercial agricultural or forestal use within five
(5) years of the date of the application for special use permit. In making this determination,
mountain ridges, major streams and other physical barriers which detract from the
cohesiveness of an area shall be considered.
5. The relationship of the property in regard to developed rural areas. For the purposes of this
section, a property shall be deemed to be Iocated in a developed rural area if fifty (50) percent
or more of the land within one (1) mile of the boundary of such property was in parcels of
record of five (5) acres or less on the adoption date of this ordinance. In making this
determination, mountain ridges, major streams and other physical barriers which detract from
the cohesiveness of an area shall be considered.
6. The relationship of the proposed development to existing and proposed population centers,
services and employment centers. A property within areas described below shall be deemed in
proximity to the area or use described:
a. Within one mile roadway distance of the urban area boundary as described in the
comprehensive plan; (Amended I I-8-89)
b. Within one-half mile roadway distance of a community boundary as described in the
comprehensive plan; (Amended 11-8-89)
c. Within one-half mile roadway distance of a village as described in the comprehensive
plan. (Amended 11-8-89)
7. The probable effect of the proposed development on capital improvements programming in
regard to increased provision of services.
8. The traffic generated from the proposed development would not, in the opinion of the
Virginia Department of Transportation: (Amended 11-8-89)
a. Occasion the need for road improvement;
b. Cause a tolerable road to become a nontolerable road;
c. Increase traffic on an existing nontolerable road.
18-10-9
Zoning Supp. €{29, 7-1-04
9. With respect to applications for special use permits for land lying wholly or partially within
the boundaries for the watershed of any public drinking water impoundment, the following
additional factors shall be considered:
a. The amount and quality of existing vegetative cover as related to filtration of sediment,
phosphorous, heavy metals, nitrogen and other substances determined harmful to water
quality for human consumption;
b. The extent to which existing vegetative cover would be removed or disturbed during the
construction phase of any development;
c. The amount of impervious cover which will exist after development;
d. The proximity of any paved (pervious or impervious) area, structure, or drain field to any
perennial or intermittent stream or impoundment; or during the construction phase, the
proximity of any disturbed area to any such stream or impoundment;
e. The type and characteristics of soils including suitability for septic fields and erodability;
£ The percentage and length of all slopes subject to disturbance during construction or
upon which any structure, paved area (pervious or impervious) or active recreational area
shall exist after development;
g. The estimated duration and timing of the construction phase of any proposed
development and extent to which such duration and timing are unpredictable;
h. The degree to which original topography or vegetative cover have been . altered in
anticipation of filing for any permit hereunder;
i. The extent to which the standards of Chapter 17 et seq. of the Code of Albemarle can
only be met through the creation of artificial devices, which devices will:
1. Require periodic inspection and/or maintenance;
2. Are susceptible to failure or overflow for run-off associated with any one hundred
year or more intense storm.
(§ 20-10.5.2.1, 12-10-80; 11-8-89; §18-10.5.2.1, Ord. 98-A(I), 8-5-98; Ord. 04-18(1), 5-5-04 effective 7-1-
04)
10.5.2.2 MATERIALS TO BE SUBMITTED BY THE APPLICANT
The commission and the board of supervisors may require the applicant to submit such
information as deemed necessary for the adequate review of such application provided that such
information shall be directly related to items 1, 2, 3 and 9 of section I 0.5.2.1.
18-I0-10
Zoning Supp. 429, 7-1-04
ALBEMARLE COUNTY CODE
b. Such dwelling may be located individually or in the same structure as the main use, subject to
Albemarle County building official and fire official approvals;
c. Not more than one (1) dwelling unit shall be permitted per establishment;
d. No mobile home shall be permitted as a dwelling unit for a period in excess of six (6) months.
(Added 3-17-82) (Amended 4-17-85)
5.1.22 FEED AND SEED STORE
a. All loose bulk storage of seed, grains and feed shall be in enclosed buildings;
b. Provision shall be made for the control of dust during handling of loose bulk storage
materials;
c. No such use shall be established without Albemarle County fire official approval.
5.1.23 (Repealed 9-9-92)
5.1.24 SUBORDINATE RETAIL SALES
This provision is intended to permit retail sales as subordinate to the main use. To this end, the
following regulations shall apply:
a. Retail sales area, including but not limited to showroom and outdoor display area, shall not
exceed fifteen (15) percent of the floor area of the main use except as provided for in section
27.2.2.13; (Amended 2-20-91)
b. Retail sales shall not precede establishment of the main use. Retail sales shall be permitted
only after or simultaneously with the establishment of the main use and shall not continue
after discontinuance of the main use; (Adopted 12-2-81)
c. In approval of any retail sales area the board and/or the commission may limit the areas for
retail sales in both size and location; (Added 2-20-91)
d. Retail sales area exceeding fifteen (15) percent of the floor area of the main use pursuant to
section 27.2.2.13 is intended to allow for uses which by their nature are bulky and require
nonintensive use of the land. The board and/or the commission in approval of such increased
sales area shall be mindful of the intent of this section to provide for only subordinate retail
sales and avoid incompatible land uses. (Added 2-20-91)
5.1.25 FARM WINERY
Each farm winery shall be subject to the following:
a. The owner shall obtain a farm winery license from the State Alcoholic Beverage Control
Board. At least fifty-one (51) percent of the fresh fruits or agricultural products used by
the owner to manufacture the wine shall be grown or produced on the farm, unless the
.State Alcoholic Beverage Control Board waives such requirement; (Added 4-1-98)
b. Facilities for fermenting and/or bottling wine shall not be established until the vineyard,
orchard or other growing area has been established and is in production; (Added 12-16-
81)
18-5-11
Zoning Supplement t116, 10-3-01
ALBEMARLE COUNTY CODE
c. The following uses and activities are permitted at a farm winery with the prior approval of
a site plan as provided in subsection (d). Special events and festivals are also subject to
the additional requirements set forth in subsection (e): (Added 4-1-98)
On premise sale of wine and wine consumption. One location may be
established on each farm for the on -premise sale of wine and wine consumption.
The aggregate total floor area for such sales and consumption shall not exceed
fifteen hundred (1500) square feet. A special use permit issued pursuant to
section 31.2.4 of this chapter may authorize the aggregate floor area to exceed
fifteen hundred (1500) square feet; (Added 12-16-81, Amended 1-1-84,
Amended 4-1-98)
2. Daily tours. Daily tours of a farm winery shall be permitted; (Added 1-1-84,
Amended 4-1-98)
3. Special events. Special events shall be permitted up to twelve (12) times per
year. For purposes of this section, a special event is an event conducted at a
farm winery on a single day for which attendance is allowed only by invitation
or reservation and whose participants do not exceed one hundred fifty (150)
persons; special events include, but are not limited to, meetings, conferences,
banquets, dinners, wedding receptions, private parties and other events
conducted for the purpose of marketing wine. A special use permit issued
pursuant to section 3I.2.4 of this chapter may authorize the number of special
events per year to exceed twelve (12), or the number of allowed participants at
any event to exceed one hundred fifty (150), or both; (Added 4-1-98)
4, Festivals. Festivals shall be permitted up to four (4) times per year. For
purposes of this section, a festival is an event conducted at a farm winery for up
to three (3) consecutive days which is open to the general public and conducted
for the purpose of marketing wine. (Added 4-I-98)
d. A use or activity identified in subsection (c) is authorized only with the prior approval of
a site plan. Prior to approval of the site plan, the owner shall obtain from the Virginia
Department of Transportation approval of a commercial entrance to the farm winery, and
any required approval from the local office of the Virginia Department of Health. If a
site plan waiver is requested, particular consideration shall be given to provisions for safe
and convenient access, parking, outdoor lighting, signs and potential adverse impacts to
adjoining property, and reasonable standards and conditions may be imposed as
conditions of such waiver; (Added 4-1-98)
e. Special events and festivals shall be also subject to the following: (Added 4-1-98)
The owner shall obtain a zoning clearance prior to conducting a festival at which
more than one hundred fifty (150) persons will be allowed to attend. A single
zoning clearance may be obtained for one (1) or more such festivals as provided
herein: (Added 4-1-98)
a. The owner shall apply for a zoning clearance at least thirty (30) days
prior to the date of the first festival to be authorized by the zoning
clearance. The application shall be submitted to the zoning
administrator, who shall forward copies of the application to the county
police department, the county fire and rescue division, and the local
office of the Virginia Department of Health; (Added 4-1-98)
b. The application shall describe the nature of each festival to be
authorized by the zoning clearance, the date or dates and hours of
18-5-12
Zoning Supplement # 16, 10-3-01
ALBEMARLE COUNTY CODE
operation of each such festival, the facilities, buildings and structures to
be used, and the number of participants allowed to attend each festival;
(Added 4-1-98)
C. Upon a determination that all requirements of the zoning ordinance are
satisfied and upon receiving approval, and any conditions of such
approval, from the other county offices receiving copies of the
application, the zoning administrator shall issue a zoning clearance for
one or more festivals. The zoning clearance shall be conditional upon
the owner's compliance with all requirements of the zoning ordinance
and all conditions imposed by the zoning clearance; (Added 4-1-98)
d. The zoning administrator may issue a single zoning clearance for two
(2) or more festivals if (i) the application submitted by the owner
includes the required information for each festival to be covered by the
zoning clearance: (ii) the zoning administrator determines that each
such festival is substantially similar in nature and size; and (iii) the
zoning administrator determines that a single set of conditions that
would apply to each such festival may be imposed with the zoning
clearance. (Added 4-1-98)
2. No kitchen facility permitted by the Health Department as a commercial kitchen
shall be allowed on the farm. A kitchen may be used by licensed caterers for the
handling, warming and distribution of food, but not for cooking food, to be
served at such special event or festival; (Added 4-1-98)
3. An outdoor amplified sound system shall be prohibited; (Added 4-1-98)
4. (Added 4-1'-98; Repealed I0-3-01)
(§ 5.1.25, 12-16-81, 1-1-84; Ord. 98-20(1), 4-1-98; Ord. 01-18(6), 10-3-01)
5.1.26 HYDROELECTRIC POWER GENERATION
a. These provisions are intended to encourage the use of water power as a natural and
replenishable resource for the generation of electrical power. While serving energy
conservation and natural resource goals, these provisions are also intended to limit such use so
as: not to be objectionable in the area in which it is located; not to unreasonably interfere
with the passage of boats, canoes, fish and other aquatic life; not to unreasonably degrade the
riverine and aquatic habitat or water quality, in general;
b. The applicant shall submit with his application for special use permit, plans, profiles, studies
and other supporting information addressing the issues in (a) above. No such application shall
be approved until comment and recommendation has been received from the State Water
Control Board, the Commission of Game and Inland Fisheries, and other appropriate federal,
state and local agencies;
c. Whether or not a site development plan is required, the applicant shall submit to the county
engineer a certified engineer's report as described in section 4.14.8. In review of such report,
the county engineer shall be particularly mindful of the requirements of section 4.14.1, noise,
and section 4.14.7, electrical interference;
d. Except as specifically permitted in a particular case, no auxiliary or accessory method of
power generation shall be permitted nor shall any pump storage or rechannelization be
permitted. (Added 4-28-82)
18-5-13
Zoning Supplement #21, 7-3-02
"BEMARLE COUNTY CODE
5.1.41 PARKING LOTS AND PARKING STRUCTURES
(Added 2-5-03)
A site plan shall be required for each parking lot and parking structure, unless the requirement is
waived as provided in section 32.2.2.
(Ord. 03-18(1), 2-5-03)
5.2 HOME OCCUPATIONS
5.2.1 CLEARANCE OF ZONING ADMINISTRATOR REQUIRED
Except as herein provided, no home occupation shall be established without approval of the
zoning administrator. Upon receipt of a request to establish a home occupation, Class B, the
zoning administrator shall refer the same to the Virginia Department of Highways and
Transportation for approval of entrance facilities and the zoning administrator shall determine the
adequacy of existing parking for such use. No such clearance shall be issued for any home
occupation, Class B, except after compliance with section 5.2.3 hereof. (Amended 3-18-81)
5.2.2 REGULATIONS GOVERNING HOME OCCUPATIONS
5.2.2.1 The following regulations shall apply to any home occupation:
a. Such occupation may be conducted either within the dwelling or an accessory structure, or
both, provided that not more than twenty- five (25) percent of the floor area of the dwelling
shall be used in the conduct of the home occupation and in no event shall the total floor area
of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand
five hundred (1,500) square feet; provided that the use of accessory structures' shall be
permitted only in connection with home occupation, Class B;
b. There shall be no change in the outside appearance of the buildings or premises, or other
visible evidence of the conduct of such home occupation provided that a home occupation,
Class B, may erect one home occupation Class B sign as authorized by section 4.15 of this
chapter. Accessory structures shall be similar in facade to a single-family dwelling, private
garage, shed, barn or other structure normally expected in a rural or residential area and shall
be specifically compatible in design and scale with other development in the area in which
located. Any accessory structure which does not conform to the setback and yard regulations
for main structures in the district in which it is located shall not be used for any home
occupation;
c. There shall be no sales on the premises, other than items hand crafted on the premises, in
connection with such home occupation; this does not exclude beauty shops or one -chair
barber shops;
d. No traffic shall be generated by such home occupation in greater volumes than would
normally be expected in a residential neighborhood, and any need for parking generated by
the conduct of such home occupation shall be met off the street;
e. All home occupations shall comply with performance standards set forth in section 4.14;
f. Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall
not be deemed home occupations.
5.2.2.2 Prior to issuance of clearance for any home occupation, the zoning administrator shall require the
applicant to sign an affidavit stating his clear understanding of and intent to abide by the foregoing
regulations.
18-5-22.5
Zoning Supplement #30, 10-13-04
i:BEMARLE COUNTY CODE
(12-10-80, § 5.2.2; Ord. 01-18(3), 5-9-01)
5.2.3 CERTAIN PERMITS REQUIRED
No home occupation, Class B, shall be established until a permit shall have been issued therefor.
The provisions of section 5.2.1 of this ordinance shall apply hereto, mutatis mutandis.
5.2.4 REVOCATION
The zoning administrator may revoke any clearance or permit issued pursuant to this section, after
hearing, for noncompliance with this ordinance or any condition imposed under the authority of
this section.
18-5-22.7
Zoning Supplement #30, 10-13-04
..LBEMARLE COUNTY CODE
equipment above and below the surface of the ground used in connection with such process.
Natural resource extraction as defined herein shall not be deemed to include: exploratory activities
designed to determine the presence of coal, petroleum, natural gas, soil, sand, gravel, ore, or other
minerals, including but not limited to, excavation, drilling, boring or core boring; the drilling or
boring of wells for the purpose of obtaining water; nor the removal of soil and other related
material as necessary to establish another permitted use upon the same site. (Amended 7-6-83)
Nonconforming lot: The term "nonconforming lot" means a lawful lot of record existing on the
effective date of the zoning regulations applicable to the district in which the lot is located, that
does not comply wit the minimum applicable size or other lot requirements of that zoning district.
(Added 6-14-00)
Nonconforming Structure: The term "nonconforming structure" means a lawful structure existing
on the effective date of the zoning regulations applicable to the district in which the structure is
located, that does not comply with the minimum applicable bulk, height, setback, floor area or
other structure requirements of that zoning district. (Amended 6-14-00)
Nonconforming Use: The term "nonconforming use" means a lawful principal use of the lot
existing on the effective date of the zoning regulations applicable to the district in which the use is
located, or a more restricted use, that does not comply with the applicable use regulations of that
zoning district. A nonconforming use may have accessory uses, but an accessory use shall not be
eligible to be a nonconforming use. A use that is seasonal on the effective date of this chapter
shall be eligible to be a nonconforming use. A use that is casual, intermittent, or temporary on the
effective date of this chapter shall not be eligible to be a nonconforming use. (Amended 6-14-00)
Non -tidal wetland: A wetland, other than a tidal wetland, that is inundated or saturated by surface
or groundwater at a frequency and duration to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions as defined
by the United States Environmental Protection Agency pursuant to section 404 of the federal
Clean Water Act, in 33 C.F.R. § 328.3(b). (Added 3-19-03)
Nursery: See 'Day Care, etc."
Nursery School: See "Day Care, etc."
Office: A room or group of rooms used for conducting the affairs of a business, profession,
service industry, or government. The uses identified in this chapter as "administrative office" and
"Professional office" are offices. (Added 10-3-01)
Off -Street Parking Area: Space provided for vehicular parking outside of any public street right-
of-way.
Open Space: Land or water left in undisturbed natural condition and unoccupied by building lots,
structures, streets, or parking lots except as otherwise specifically provided in section 4.7.
Outdoor Amphitheater: A permanent structure, whether open or enclosed, including a stage and
tiered and/or sloped seating. (Added 10-9-96)
Parapet. That part of a wall entirely above the roof.
Parking structure: A multi -storied structure located wholly or partly above grade and designed for
the purpose of garaging vehicles. A parking structure may be incorporated into one or more
structures containing commercial or residential uses. (Added 2-5-03)
Patio House, Atrium House: A single-family dwelling having an open, landscaped courtyard
partially or completely surrounded by living areas, which courtyard provides the main source of
18-3-11
Zoning Supplement 930, 10-I3-04
Golf Driving Range: A limited area on which golf players do not walk, but onto which they drive
golf balls from a central driving tee.
Governing Body: The Board of Supervisors of Albemarle County, Virginia.
Green space: An area of land covered in grass or other vegetation or a water feature required by
this chapter. Uses in green space may include, but are not limited to, stormwater areas, wooded
slopes, graded and revegetated slopes of twenty-five percent (25%) to fifty percent (50%),
required yards on both residential and non-residential lots, landscaped areas, landscaped islands in
parking lots, and other land covered in vegetation. Where areas for amenities are vegetated, such
as in parks and playgrounds, •amenities shall be included in required green space calculations.
(Added 3-19-03)
Guest Room: A room which is intended, arranged or designed to be occupied, or which is
occupied by one (1) or more guests paying direct or indirect compensation therefor, but in which
no provision is made for cooking.
Graveyard: See Cemetery.
Group Home: A group home or other residential facility licensed by the Virginia Department of
Mental Health, Mental Retardation and Substance Abuse Services in which more than eight (8)
mentally ill, mentally retarded or developmentally disabled persons reside with one or more
resident counselors or other staff persons. For purposes of this definition, the current illegal use of
or addiction to a controlled substance as defined in Virginia Code § 54.1-3401 is neither a mental
illness nor a developmental disability. A single-family dwelling having eight (8) or less mentally
ill, mentally retarded or developmentally disabled persons is a single-family residential use. The
use identified in this chapter as "home for developmentally disabled persons" is a group home.
(Amended 10-3-01)
Helicopter: A rotorcraft which, for its horizontal motion, depends principally on engine driven
rotors.
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.
Helistop; Restricted Use Heliport: A heliport without such auxiliary facilities as waiting room,
hangar, parking, fueling or maintenance facilities.
Historic structure or site: Any structure or site listed on the National Register of Historic Places
or the Virginia Landmarks Register. (Added 12-10-97)
Hog Farm: A place where hogs are kept and raised primarily for sale.
Home for Developmentally Disabled Persons: See Group home. (Amended 10-3-01)
Home Garden: An activity accessory to residential usage of a property involving the cultivation
of flowers, vegetables, fruit and/or other plants primarily for the consumption or enjoyment of the
residents of such property, but expressly excluding the keeping of livestock and/or poultry.
(Added 12-2-87)
Home Occupation Class A: An occupation conducted in a dwelling unit for profit in connection
with which no person other than members of the family residing on the premises is engaged in
such occupation.
Home Occupation, Class B: An occupation conducted in a dwelling unit, with or without the use
of one or more accessory structures, for profit, in connection with which there are employed not
18-3-8
Zoning Supplement 026, 3-19-03
more than two (2) persons other than members of the family residing on the premises, which
persons may be in addition to such family members.
Hospital: A building 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. This
terminology shall include, but not be limited to, sanitariums, nursing homes and convalescent
homes.
Hotel: A building containing six (6) or more guest rooms intended or designed to be used, or
which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by
guests.
Indoor Athletic Facility: A building or structure in which are conducted recreational, therapeutic
or athletic activities, whether or not under instruction, such as but not limited to: tennis and other
court games, swimming, aerobics, and weightlifting but excluding such uses as: bowling alley,
billiard hall, bingo, miniature golf, amusement center and dance halls. (Added 9-15-93)
Industrialized building: A combination of one or more sections or modules, subject to state
regulation, and including the necessary electrical, plumbing, heating, ventilating and other service
systems, manufactured off -site and transported to the point of use for installation or erection, with
or without other specified components, to comprise a finished building. For purposes of this
definition, a manufactured home is not an industrialized building. The structure and use identified
in this chapter as "temporary nonresidential mobile home" is an industrialized building. (Added
10-3-01)
Inert materials: Solid materials that are physically, chemically and biologically stable from
further degradation and considered to be nonreactive, including rubble, concrete, bricks, broken
bricks and blocks, and asphalt pavement. (Added 7-3-02)
Inoperable motor vehicle: (Added 6-10-87; Repealed 10-3-01)
Inoperable vehicle: Any motor vehicle, trailer or semitrailer, as those terms are defined in Virginia
Code § 46.2-100, which: (1) is not in operating condition; (2) for a period of sixty (60) days or
longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or
other essential parts required for the operation of the vehicle; or (3) there is not displayed either
valid license plates or a valid inspection decal. The vehicle identified in this chapter as
"inoperative motor vehicle" is an inoperable vehicle. (Repealed 6-10-87; Added 10-3-01)
Junk: Any scrap, discarded, dismantled or inoperable: vehicles, including parts or machinery
thereof; household furniture and appliances; construction equipment and materials; tanks,
containers, drums, and the contents thereof, and tires, pipes, wire, wood, paper, metals, rags, glass,
plastic, food and related types of waste material. (Added 10-3-01)
Junk Yard: Any land or structure used for the abandonment, baling, collection, dismantling,
maintenance, recycling, sale, salvaging, storage, or wreckage of junk. (Amended 10-3-01)
Kennel, Commercial: A place designed or prepared to house, board, breed, handle or otherwise
keep or care for dogs and/or cats for sale or in return for compensation except as an accessory to a
single-family dwelling.
Laboratory, Medical: A building or part thereof devoted to bacteriological, biological, x-ray,
pathological and similar analytical or diagnostic services to medical doctors or dentists including
incidental pharmaceutics; and production, fitting and/or sale of optical or prosthetic appliances.
(Added 6-10-92)
18-3-9
Zoning Supplement #26, 3-19-03