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Geographical Data Services
Division - Room 218
sv VA
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409 McIntire d 2902-45969B
PLANNING ACTIVITIES
BUILDJNG ACTIVITIES
Special
Special
Application # Current Status Conditions
Application #
Current Status Conditions
1
IN 70-
TMP 09400-00-00-012FO Legal Description
ACREAGE
Parent TMP - - -
Tax Map 09400 Section 00 Black
00 Parcel
012FO GPIN 527881884743
Major Subdiv. Acreage Total Acres
2.070
TMP Inactive? NO
r-PI�]'� r • a
House # Street Name Apt
/ Suite City
State Zip
Street Address 4512 THREE CHOPT RD
TROY
22974-
•
Owner Name CROWELL BROTHERS CONSTRUCTION COMPANY
Street Address 625 CROWELL LANE
City / State LYNCHBURG VA
Zip 24502-
Comprehensive Plan Area -Rural Area 4
Traffic Zone 227
Voter Precinct
Magisterial District jScottsville
Metro Planning Area?
CATS Area? ,
Public Water & Sewer i No Se r ice
Watershed Rivanna River
World Heritage Site
National Historic Landmark
National Register of Historic Places
High School District i Monticello
Middle School Distrlct 'Burley
-- --:
Elem. School District ;Stone Robinson
-....,.I
Census Block Group 12 m
Census Tract 104
Water Supply Protection Area?
Development Area?
Other Rural Land? ! F-
Virginia Landmark Register
Agricultural & Forest District rNot in A/F District --_ _ I Number of
Number of Dwelling
Landuse Structures Units Comp Plan Landuse
Primary 'Commercial -- Wholesale/Highway 1 Rural Area
Secondary Open
Minor��.—•---..—_.�....,......�._.. I _.
-
Comp Plan Landuse Other
Current Zoning Zoning Adopted 121196 Z2nina Prior LQ 1211980
Primary Rural Areas Rural Areas ilAgricultural
Secondary r_
i
Minor I
Other Airport Safety Overlay Scenic Stream Overlay
Natural Resource Extraction Overlay ! ] Airport Protection Overlay Entrance Corridor Overlay
Flood Hazard Overlay ' Airport Noise Overlay
ROBERT W. TUCKER, JR
Olrector of Planning
MEMO.RA'�qDUM
TO: File
DEPARTMENT of PLANNING
401 McIntire Road
Charlottesville, Va. 22901-4596
804-296-5823
RONALD S. KEELER
Assistant Director of Planning
R. KEITH MABE
Principal Planner
NANCY MASON CAPERTON
Senior Planner
KATHERINE L. IMHOFF
Planner
FROM: Kat Imhoff �Z
RE: Black Industries, Inc. Site Plan (TM 94, Parcel 12G)
DATE: June 9, 1983
On April 21, 1983 Mr. Vaughn, Mr. Lee Walker from Black Industries
and I met to discuss whether an office trailer could be located on
the Black Industries site. Mr. Vaughn determined that the existing
use is non -conforming and the property is zoned RA. According to
Mr. Vaughn, Mr. Walker needs to apply for rezoning to LI, General
Contractors Office and Storeage yard. Mr. Walker was given the dead-
lines for rezoning hearings and Mr. Ron Keeler's phone number.
On June 9, 1983 Mr. Herb Beskin called wanting to know what he would
need to do to put a trailer on the Black Industries site. I relayed
again the above conversation and sent him a rezoning schedule. He also
discussed appealing Mr. Vaughn's determination to the Board of Zoning
Appeals. I told him I was unfamiliar with the process and referred him to
Andy Evans.
cc: Ron Keeler
ALBEMARLE COUNTY CODE
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Sections:
A*14(- INwn21ES
CHAPTER 18
ZONINGO�!"#
SECTION 6 j o&) R 0k) f0W
I ,� r! S„�n_�
NONCONFORNIITIES [ C er �� iG S
6.1
PURPOSE (Amended 6-14-00)
6.2
NONCONFORMING USES (Amended 6-14-00)
6.3
NONCONFORNIING STRUCTURES (Amended 6-14-00)
6.4
NONCONFORMING LOTS (Amended 6-14-00)
6.5
(Repealed 6-14-00)
6.6
(Repealed 6-14-00)
Sec. 6.1 Purpose.
The purpose of this section 6 is to regulate nonconforming uses, structures and lots in a manner
consistent with sound planning and zoning principles, except for nonconforming signs regulated by section
4.15, and nonconforming uses and structures within the flood hazard overlay district regulated by section
30.3. Nonconforming uses, structures and lots are declared to be incompatible with the zoning districts in
which they are located and, therefore, are authorized to continue only under the circumstances provided
herein until they are discontinued, removed, changed or action is taken to conform to the zoning regulations
applicable to the district in which the use, structure or lot is located.
(Ord. 00-18(4), 6-14-00)
State law reference — Va. Code § 15.2-2307
6.1.1 (Repealed 6-14-00)
6.1.2 (Repealed 6-14-00)
6.1.3 (Repealed 6-14-00)
6.1.4 (Repealed 6-14-00)
Sec. 6.2 Nonconforming uses.
(T IZ g a- c F WAS
A nonconforming use may continue, subject to the provisions, conditions and prohibitions set
forth herein.
A. Change, enlargement or extension of area used 6y a nonconforming use. The area
occupied or used by a nonconforming use shall not be:
1. Occupation or use of additional area. Changed, enlarged or extended to either
occupy or use an additional area of the same lot or structure other than that which existed on the effective
date of the zoning regulations applicable to the district in which the use is located; except that: (i) a
nonconforming use may be enlarged or extended throughout any part of a structure that was arranged or
18-6-1
Zoning Supplement #9, 6-14-00
�� Ho�rc.�,"-rr'c-
ALBEMARLE COUNTY CODE
designed for such nonconforming use on the effective date of the zoning regulations applicable to the
district in which the use is located, but only if the enlargement or extension does not change the character
of the nonconforming use; and (ii) a nonconforming quarry or cemetery may be enlarged or extended to
either occupy or use an additional area of the lot, or other abutting lots under identical ownership as the lot
on which the nonconforming use exists on the effective date of this chapter; or
2. Occupation or use of additional structure. Changed, enlarged or extended to
occupy a structure not used for the nonconforming use on the effective date of the zoning regulations
applicable to the district in which the use is located; or
3. Relocation to previously unoccupied or unused area. Moved, in whole or in
part, to any portion of the lot or any other lot, unoccupied or unused by the nonconforming use on the
effective date of the zoning regulations applicable to the district in which the use is located; or
4. Relocation to previously unoccupied or unused structure. Moved, in whole or in
part, to another structure unoccupied or unused by the nonconforming use on the effective date of the
zoning regulations applicable to the district in which the use is located.
B. Enlargement or extension ofa nonconforming use. A nonconforming use shall not be
enlarged or extended such that the character of the use existing on the effective date of the zoning
regulations applicable to the district in which the use is located is changed. The zoning administrator's
determination of whether the character of a nonconforming use has changed shall be based on the
magnitude of the change in the size and scope of the use and the effects these changes have upon the
purposes of this chapter. In evaluating the change in the size and scope of the use, an increase in the
volume or intensity of the use and any alteration or variation in the use, such as the provision of additional
goods or services, shall be considered. A mere increase in the volume, intensity or frequency of the use
that is trivial, insubstantial or reasonably customary or incidental, and that is not accompanied by an
alteration or variation in the use, shall not be deemed to be an enlargement or extension of the use.
C. Enlargement, extension, reconstruction or structural alteration of a structure. A
structure that is used, in whole or in part. for a nonconforming use shall not be enlarged, extended,
reconstructed or structurally altered. except in the following circumstances:
I. Sanitar, facilities. Notwithstanding any other provision of this chapter, the sole
purpose of the enlargement or extension is to house a potable water supply, toilet or other sanitary facilities
in a location approved by the zoning administrator, provided that: (i) the sanitary facilities are not
duplicative of facilities within the existing structure; (ii) the enlargement or extension is limited to only that
area which is necessary to house the sanitary facilities. and (iii) the use of the new area is devoted only to
the sanitary facilities.
2. Ordinary repairs and maintenance of structure. The repairs consist of ordinary
repairs and maintenance, and the repair or replacement of nonbearing walls, fixtures, wiring or plumbing,
which is necessary to keep the structure in a usable condition.
3. Repairs to correct unsafe condition in structure. Notwithstanding any other
provision of this chapter, the repairs are performed to strengthen or restore to a safe condition the structure
or any part thereof that has been declared to be unsafe by a public safety official. The repairs may include
improvements to provide fire safety and handicapped access, as provided in section 4.9 (buildings and
structures: handicapped access) of this chapter, even though these improvements are not mandatory.
4. Repairs or reconstruction of structure. The repairs or reconstruction are
performed on a structure which is damaged as a result of factors beyond the control of the owner or
occupant thereof, provided that: (i) the repairs or reconstruction commence within one (1) year, and are
completed within two (2) years, from the date of the damage; and (ii) the structure is not enlarged or
extended as a result of the repair or reconstruction.
18-6-2
Zoning Supplement 99, 6-14-00
ALBEMARLE COUIVTY CODE
D. Change to more restricted nonconforming use. If a nonconforming use is changed to a
more restricted nonconforming use, the original nonconforming use shall be deemed to be abandoned and
the use shall not thereafter be changed back to the original nonconforming use. For purposes of this
subsection, a more restricted nonconforming use is a use whose character is either less nonconforming than
the original nonconforming use, or that occupies less area of the lot or the structure or structures in which it
is located.
E. Effect of change of ownership. A change of the ownership or occupancy of the
nonconforming use, the structure, or the lot on which the nonconforming use is located, shall not affect the
status of the nonconforming use.
F. Termination of nonconforming status. The nonconforming status of a use shall terminate
and become unlawful if the use is enlarged or extended, or the structure used for the nonconforming use is
enlarged, extended, reconstructed or structurally altered, in a manner not authorized by this section. Upon
termination of the nonconforming status, the use of the lot or structure shall immediately comply with the
regulations set forth in this chapter applicable to the district in which the use is located.
G. Discontinuance of a nonconforming use. A nonconforming use and all uses accessory thereto
shall be discontinued, and any use of the structure or lot shall thereafter comply with the regulations set
forth in this chapter applicable to the district in which the use is located, if the nonconforming use is
discontinued for more than two (2) years, regardless of whether the use was continuous or seasonal. The
two (2)-year period shall not be tolled during any period during which a structure in which the
nonconforming use is conducted is extended, enlarged, repaired, reconstructed or altered as provided in this
section 6.2. The continuation of a use that is accessory to the nonconforming use during the two-(2) year
period shall not continue the nonconforming use.
(§§ 6.1.1, 6.1.2, 6.1.3, 6.1.4, 6.1.5, 6.2.1, 6.2.2, 6.4.1, 6.4.3, 6.6.1, I2-10-80, 3-5-86, 9-21-88, 9-9-92; Ord.
00-18(4), 6-14-00)
State law reference — Va. Code § 15.2-2307.
6.2.1 (Repealed 6-14-00)
6.2.2 (Repealed 6-14-00)
Sec. 6.3 Nonconforming structures.
A nonconforming structure may continue, subject to the provisions, conditions and prohibitions
set forth herein.
A. Extension or enlargement of a nonconforming structure. A nonconforming structure
shall not be enlarged or extended except in the following circumstances, and provided that the enlargement
or extension complies with all other applicable requirements:
1. Conforming use and compliance with setbacks. The use of the structure
complies with the zoning regulations applicable to the district in which the structure is located, and
otherwise complies with the front yard, rear and side setback requirements applicable to the district in
which the lot is located.
2. Structure where nonconformity is its noncompliance with requirements of
section 4.2 of this chapter. The structure is a nonconforming structure solely on the basis of the
requirements of section 4.2 of this chapter, and qualifies for the exemption provided in section 4.2.6.1 of
this chapter.
18-6-3
Zoning Supplement #9, 6-14-00
ALBEMARLE COUNTY CODE
3. Structure where nonconformity is its noncompliance with front yard setback.
The structure is a nonconforming structure because it does not comply with the front yard setback
requirements of the zoning regulations applicable to the district in which the structure is located; provided
that the proposed enlargement or extension: (i) is no closer to a public street or private road right-of-way
than the existing nonconforming structure; (ii) is a minimum of twenty-five (25) feet from the right-of-way;
and (iii) the applicable rear and side yard setback requirements are complied with, unless they can be
reduced pursuant to section 4.11 of this chapter.
4. Detached single family dwelling where nonconformity is its noncompliance with
setback. The detached single family dwelling is a nonconforming structure because it does not comply with
any setback requirements of the zoning regulations applicable to the district in which the structure is
located, and the zoning district in which the dwelling is located authorizes detached single family dwellings
as a permitted use; provided that the proposed enlargement or extension is: (i) no closer to a public street or
private road right-of-way than the existing nonconforming dwelling; (ii) a minimum of twenty-five (25)
feet from the right-of-way; (iii) a minimum of six (6) feet from a side or rear property line; and (iv) no
closer to any other the property line than the existing dwelling.
5. Sanitaryfacilities. Notwithstanding any other provision of this chapter, the sole
purpose of the enlargement or extension is to house a potable water supply, toilet or other sanitary facilities
in a location approved by the zoning administrator, provided that: (i) the sanitary facilities are not
duplicative of facilities within the existing structure; (ii) the enlargement or extension is limited to only that
area which is necessary to house the sanitary facilities; and (iii) the use of the new area is devoted only to
the sanitary facilities.
B. Repairs, reconstruction or structural alterations of a nonconforming structure. A
nonconforming structure shall not be reconstructed or structurally altered, except in the
following circumstances:
l . Damage caused by factors beyond control of owner or occupant. The
nonconforming structure (other than a nonconforming sign) is damaged as a result of factors beyond the
control of the owner or occupant thereof, provided that: (i) the repairs, reconstruction or structural
alterations commence within one (1) year, and are completed within two (2) years, from the date of such
damage; and (ii) the structure is not enlarged or extended as a result of such repair, reconstruction or
structural alteration.
2. Repair to correct unsafe condition in structure. Notwithstanding any other
provision of this chapter, the nonconforming structure may be repaired to strengthen or restore the structure
or any part thereof to a safe condition that has been declared to be unsafe by a public safety official. The
repairs may include improvements to provide fire safety and handicapped access, as provided in section
4.9, buildings and structures: handicapped access, of this chapter, even though these improvements are not
mandatory.
3. Structural alteration reducing size of nonconforming structure. A
nonconforming structure may be structurally altered to reduce its height or floor area. However, if a
nonconforming structure is altered so as to reduce either the height or the floor area of the structure, the
height or the floor area of the original nonconforming structure shall be deemed to be abandoned and the
structure shall not thereafter be altered to the original nonconforming structure.
4. Structure where nonconformity is its noncompliance with requirements of
section 4.2 of this chapter. The structure is a nonconforming structure solely on the basis of the
requirements of section 4.2 of this chapter, and qualifies for the exemption provided in section 4.2.6.1 of
this chapter.
18-6-4
Zoning Supplement 09, 6-14-00
ALBEMARLE COUNTY CODE
C. Relocation of a nonconforming structure. A nonconforming structure shall not be moved
to another location on the same lot or to any other lot unless the structure becomes conforming as a result
of the relocation.
D. Replacement of a nonconforming manufactured home. A nonconforming manufactured
home may be replaced with another manufactured home, provided it is labeled in accordance with the
current edition of the Virginia Manufactured Home Safety Regulations, and is installed in accordance with
the current edition of the Virginia Uniform Statewide Building Code. Section 4.1.6 of this chapter shall
apply to the replacement of the manufactured home.
E. Effect of change of ownership. A change of the ownership or occupancy of the
nonconforming structure or the lot on which the nonconforming structure is located shall not affect the
status of the nonconforming structure.
F. Termination of nonconforming status. The nonconforming status of a structure shall
terminate and become unlawful if the structure is enlarged, extended, repaired, reconstructed, structurally
altered or replaced in a manner not authorized by this section. Upon termination of the nonconforming
status, the structure shall immediately comply with the regulations set forth in this chapter applicable to the
district in which the structure is located.
G. Discontinuance of use of nonconforming structure. Use of a nonconforming structure
shall be discontinued, and the structure shall thereafter comply with the regulations set forth in this chapter
applicable to the district in which the structure is located, if the occupation or use is discontinued for more
than two (2) years, regardless of whether the prior occupancy or use of the structure was continuous or
seasonal. The two (2)-year period shall be tolled during any periods during which the owner diligently and
in good faith pursues obtaining an occupant or use for the structure and during the period during which the
owner diligently and in good faith extends, enlarges, repairs, reconstructs or alters a structure as authorized
in this section 6.3.
(§§ 6.1.1, 6.1.2, 6.1.3, 6.2.1, 6.2.2, 6.4.2, 6.6.1, 6.6.2, 12-10-80, 9-21-88, 9-9-92; Ord. 00-18(4), 6-14-00)
State law reference — Va. Code § 15.2-2307.
Sec. 6.4 Nonconforming lots.
A nonconforming lot may continue, subject to the provisions, conditions and prohibitions set forth
herein.
A. Physical changes to a nonconforming lot. A nonconforming lot may be changed as
follows:
1. Area or width. The area or width, or both, of a nonconforming lot may be
increased to make the lot less nonconforming.
2. Boundary line adjustments. The boundary of a nonconforming lot may be
adjusted provided that one lot sharing the boundary to be adjusted is a conforming lot and the boundary line
adjustment does not make the conforming lot nonconforming or the nonconforming lot more
nonconforming.
3. Public dedication or eminent domain. The area of a nonconforming lot may be
reduced by dedication for a public purpose or by the exercise of eminent domain.
B. Uses allowed on a nonconforming lot. A nonconforming lot may be used as though it
satisfies the zoning regulation that makes it nonconforming, provided that:
18-6-5
Zoning Supplement 99, 6-14-00
ALBEMARLE COUNTY CODE
1. The use is either a nonconforming use or is a use that complies with the zoning
regulations applicable to the district in which the lot is located; and
2. The zoning administrator determines that the lot may be occupied consistently
with the public health, safety and general welfare.
C. Division, combination, or adjustment of boundary line of nonconforming lot authorized.
A nonconforming lot may be divided, combined with any other lot, or have one or more of its boundary
lines adjusted, provided:
1. The resulting lot or lots comply with the requirements applicable to the district
in which the lot is located and all other applicable requirements of the Albemarle County Code; or
2. in the opinion of the zoning administrator, the resulting lot or lots more
substantially conform to the requirements of section 4.0 (general regulations) of this chapter and the area
and bulk regulations applicable to the district in which the lot is located, and comply with all other
applicable requirements of the Albemarle County Code.
D. Setbacks applicable to a nonconforming lot. The current front, rear and side yard
minimum setbacks applicable to the district in which the lot is located shall apply to a nonconforming lot;
provided, that if any such setback is thereafter reduced as a result of an amendment to the setbacks
applicable to the district in which the lot is located, and in effect when an existing structure is extended or
enlarged, then that reduced setback shall apply.
E. Effect of change of ownership. A change of the ownership or occupancy of a
nonconforming lot shall not affect the status of the nonconforming lot.
(§§ 6.1.1, 6.1.2, 6.5.1, 6.5.2, 6.5.4, 12-10-80, 4-15-81, 9-21-88, 6-14-89, 9-9-92; Ord. 00-18(4), 6-14-00)
State law reference — Va. Code p 15.2-2307.
6.4.1
(Repealed 6-14-00)
6.4.2
(Repealed 6-14-00)
6.4.3
(Repealed 6-14-00)
See. 6.5 (Repealed 6-14-00)
Sec. 6.6 (Repealed 6-14-00)
18-6-6
Zoning Supplement #9, 6-14-00
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County of Albemarle
Planning Application 7
Communny Oevelopment Department, Planning &
Community Development Division
401 McIntire Road Charlottesville, VA 22902-4596
Voice, (434) 296-5823 Fax: (434) 972-4012
-'MP 09400-00-00-012F0 Oval._-fz); CROWELL 19ROT1f .CONSTRUCTION COMPANY
AppTieatEon a VM200500007.
Legal Description I ACREAGE
Magisterial Dist. Scottsville I Land Use PrimaryCommercial -- Wholesale/highway
Current AFD INot In A/F District � Current Zoning Primary I Rural Areas
APPLICATION INFORP4ATION
House # Street Name Apt / Suite City State Zip
Street Address 4512 THREE CHOPT RD ITROY 22974-
Entered By: Ana Kilmer on 0311012005
Application Type Letter of Determination or Division Rights
Project:
Received Date 02/15/2005 Received Date Final Totai Fees
Submittal Date Submittal Date Final Total Paid —�
Closing File Date Revision Number
Comments:
waived
LegafAd
5U$ APPUCATF2 )
Type Sub Application Date Comments
kRRLICANT / CONTACT INF09LOATION
Owner/Applicant
Name ICROWELL BROTHERS CONSTRUCTION COMPANY
Street Address 625 CROWELL LANE
City / State LYNCHBURG VA
E-mail
Applicant
Name Carter, Rick, Southland Homes
Street Address 1340 Stony Point Road
City / state Charlottesville/VA
E-mail
Signature of Contractor or Authorized Agent Date
Phone #
Fax # ( ) -
Zip Code 24502-
Cellular # ( ) -
Phone #
Fax # ( )
Zip Code 22911-0000
Cellular # ( ) -