Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutCLE201800108 Approval - County 2018-05-23C,Ooy d f u y D1WFU d W -W Application earance ,,:�, �r� � CLE # � -16% � OFFICE USE ONLY PLEASE REVIEW ALL 3 SHEETS Check # Date: Receipt # Staff: PARCEL INFOR IO Tax Map and Parcel: fiQ 'LA/ L1.K/' Existing Zoning Parcel Owner: ParcelAddress:�sq K,-(, j. City k6v,ck- State 04 Zipad� (include suite or floor) PRIMARY CONTACT Who should we call/write concerning this project?—HALLel Address : 3y1►� City x-ray State V- Zip Office Phone: (_) Cell # �- 6x # E-mail 19diA✓P.a9 APPLICANT INFORMATION Check any that apply: I/ Change of ownership Change of use Change of name New business I Business Name/Type: & Yl 7 T(�m Ma�l(4 Previous Business on this site �y(� Totvii tio4 j d Describe the proposed business including use, number of employees, number of shifts, available parking spaces, number of vehicles, and any additional information that you can provide: d e,<-, y env/oYa SltiFf ill y �YaCQS� 14 Veb'IrCI e5 *This Clearance will only be valid on the parcel for which it is approved. If you change, intensify or move the use to a new location, a new Zoning Clearance will be required. I hereby certify that I own or have the owner's permission to use the space indicated on this application. I also certify that the information provided is true and accurate to the be of my knowledge. I have read the conditions of approval, and I understand them, and that I will abide by them. Signature ��''� Printed-Achal wewo APP OVAL INFORMATION [ pproved as proposed [ ] Approved with conditions [ ] Denied [ ] Backflow prevention device and/or current test data needed for this site. Contact ACSA, 977-451 1, xl 17. [ ] No physical site inspection has been done for this clearance. Therefore, it is not a determination of compliance with the existing site plan. [ ] This site complies with the site plan as of this date. Notes: Building Official `'f' v - tlr Date Zoning Official / Date 44 Other Official Date i . ;: n.tu Lounty of Albemarle Departinefif'©f Coffihf inify Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 294:5832 Fax: (434) 972-4126 &] Revised I I/1/2015 Page 2 of Intake to complete the following: Y / Is useQ LI, HI or PDIP zoning? If so, give applicant a Certified Engineer's Report (CER) packet. QI,N there be food preparation? If so, give applicant a Health Department form. Zoning review can not begin until we receive approval from Health Dept. FAX DATEin � (i1`�A Circle the one Is parcel on p vate well public water? If private wel ealth Department form. Zoning review can not begin until we receive approval from Health Dept. FAX DATE Circle the o that plies Is parcel o septic o� public sewer? Y / N Will you be puffin up a new sign of any kind? If so, obtain proper Sign permit. Permit # Aut i Y/N qj� Will there be ny new cop ction or renovations? If so, obtain t e proper Permit. Permit # Boning to complete the following Violations: Y / N If so, List: Variance: Y / N If so, List: Clearances: Reviewer to complete the following: Square footage of Use: U q L4 W/ N mitted as: Under Section: Supplementary regulations section: Parking formula: �' I —7 7 Required spaces: r Ite be verified in the field: e6jV _ Proffers: Y/N If so, List: SP's: Y/N If so, List: SDP's Revised 11/1/2015 Page 3 of ALBEMARLE COUNTY CODE d. Written approval of the adequacy of the structures intended for human habitation by the building official. 3. Upon the zoning administrator's determination that all requirements of the zoning ordinance are satisfied, that all conditions of the special use permit authorizing a farm worker housing, Class B, facility, are satisfied, and upon receipt of the approvals and documents required in section 5.1.44(h)(2), the zoning administrator shall issue a zoning clearance for the facility. Use of farm worker housing facility by workers and their families only. A farm worker housing facility shall be occupied only by persons employed to work on the farm on which the structures are located for seasonal agriculture work and their immediate families as provided herein. For purposes of this section 5.1.44, the term "immediate families" means the natural or legally defined off -spring, grandchild, grandparent, or parent of the farm worker. j. Use of farm worker housing facility when not occupied. When not occupied by seasonal farm workers, farm worker housing facilities may be used for any use accessory to a primary agriculture use. (Ord. 06-18(2), 12-13-06; Ord. 12-18(4), 7-11-12) 5.1.45 COUNTRY STORES Each country store, Classes A and B, shall be subject to the following, as applicable: a. Country store, Class A. Each country store, Class A, shall be subject to the following: Primary use. At least fifty-one percent (51 %) of the gross floor area of a historic country store building shall be used as a country store, including accessory food sales and interior seating for accessory food sales as provided in section 5.1.45(a)(2)(a). Accessory uses. The following uses are permitted as accessory uses: a. Accessory food sales. Accessory food sales, which may include, but are not limited to, luncheonettes, snack bars, refreshment stands and other restaurant uses. Interior seating for luncheonettes, snack bars, refreshment stands and other restaurant uses shall not exceed twenty percent (20%) of the total gross floor area of the country store use. An additional twenty percent (20%) of the total gross floor area of the country store use shall be allowed as exterior seating. b. Single family dwelling and offices. Up to forty-nine percent (49%) of the gross floor area of an historic country store building may be used for one single family dwelling and/or one or more offices. Exemptions. Country stores, Class A shall be exempt from sections 4.1.2, 4.1.3, 4.12.6, 4.12.13, 4.12.14, 4.12.15, 4.12.16(a) and (b), 4.12.17, 4.12.18, 4.12.19, 6.3 (B), (F) and (G), 6.4(D), 32.7.2.7, 32.7.2.8, and 32.7.9. 4. Building size. An historic country store building shall not exceed the gross floor area of the building as it existed on November 12, 2008 or four thousand (4,000) square feet gross floor area, whichever is greater. 5. Front yard setback. The following minimum front yard setback shall apply: 18-5-22.15 Zoning Supplement #79, 5-8-13 ALBEMARLE COUNTY CODE a. Building satisfies minimum front yard setback. If, on November 12, 2008, a historic country store building satisfies the minimum front yard setback set forth in section 10.4, then that setback shall apply. b. Building does not satisfy minimum front yard setback. If, on November 12, 2008, a historic country store building does not satisfy the minimum front yard setback set forth in section 10.4, the minimum front yard setback shall be the distance between the building and the street, road or access easement on November 12, 2008 and that distance shall not be thereafter reduced. An enlargement or extension of the building shall: (i) be no closer to a right-of-way than the existing structure or footprint; (ii) be set back from the street, road or access easement the minimum distance required by the Virginia Department of Transportation to provide sight distance; and (iii) comply with the rear and side yard setback requirements, unless they can be reduced pursuant to section 4.11 of this chapter. 6. Entrances. No existing entrance for a new use shall be used until the Virginia Department of Transportation approves the entrance to the site. Except for those changes to the entrance required to meet applicable design standards, provide adequate sight distance and safe and convenient access as determined by the county engineer, each existing entrance shall retain its existing site character as determined by the director of planning. Sewage disposal systems. Notwithstanding any other provision of this chapter, if an on - site conventional sewage disposal system cannot be approved: a. Off -site conventional sewage disposal system. The zoning administrator may approve a conventional sewage disposal system to serve a country store and its accessory uses that is located on an abutting lot, provided that the owner obtains from the owner of the abutting lot an easement and the deed of easement is in a form acceptable to the county attorney that provides perpetual access to the sewage disposal system to allow its installation and maintenance. b. On -site nonconventional sewage disposal. The zoning administrator may authorize an on -site nonconventional sewage disposal system if the applicant demonstrates to the satisfaction of the zoning administrator that: (i) a conventional sewage disposal system cannot be provided on -site for the country store use only; (ii) the lot on which the country store use is located cannot be enlarged by boundary line adjustment or subdivision; (iii) a conventional sewage disposal system cannot be located on any abutting lot owned by the applicant because of a physical condition or limitation of that lot including, but not limited to, topography, soil conditions, or existing improvements on the abutting lot (hereinafter, a "physical condition or limitation"; (iv) a conventional sewage disposal system cannot be located on any abutting lot that is under different ownership than the lot on which the country store is located because of either a physical condition or limitation or the owner's refusal to grant an easement; and (v) the Virginia Department of Health approves the nonconventional sewage disposal system. In authorizing a nonconventional sewage disposal system, the zoning administrator shall require that the applicant maintain the system as recommended by the Virginia Department of Health or as required by law. C. Systems defined. For the purposes of this subsection, a "conventional sewage disposal system" means a sewage disposal system regulated and authorized by the Virginia Department of Health that uses a subsurface soil absorption system; a "nonconventional sewage disposal system" means a sewage disposal system regulated and authorized by the Virginia Department of Health that does not use 18-5-22.16 Zoning Supplement #79, 5-8-13 ALBEMARLE COUNTY CODE a subsurface soil absorption system including, but not limited to, a Type III system regulated under 12 VAC 5-610-250(C). b. Country store, Class B. Each country store, Class B, shall be subject to the following: Primaryuse. At least fifty-one percent (51%) of the gross floor area of a non -historic country store building shall be used as a country store, including accessory food sales and interior seating for accessory food sales as provided in section 5.1.45(b)(2)(a). 2. Accessory uses. The following uses are permitted as accessory uses: Accessory food sales. Accessory food sales, which may include, but are not limited to, luncheonettes, snack bars, refreshment stands and other restaurant uses. Interior seating for luncheonettes, snack bars, refreshment stands and other restaurant uses shall not exceed twenty percent (20%) of the total gross floor area of the country store use. An additional twenty percent (20%) of the total gross floor area of the country store use shall be allowed as exterior seating. b. Single family dwelling and offices. Up to forty-nine percent (49%) of the gross floor area of the non -historic country store building may be used for one single family dwelling and/or one or more offices. Exemptions. Country stores, Class B, shall be exempt from section 32.7.2.8. Building size. A non -historic country store building shall not exceed the gross floor area of the building as it existed on November 12, 2008 or four thousand (4,000) square feet gross floor area, whichever is greater. 5. Front yard setback. The following minimum front yard setback shall apply: a. Existing building satisfies minimum front yard setback. If, on November 12, 2008, an existing non -historic country store building satisfies the minimum front yard setback set forth in section 10.4, then that setback shall apply. b. Existing building does not satisfy minimum front yard setback. If, on November 12, 2008, an existing non -historic country store building does not satisfy the minimum front yard setback set forth in section 10.4, the minimum front yard setback shall be the minimum required by the Virginia Department of Transportation to provide sight distance. C. New building. Each non -historic country store building established on and after November 12, 2008 shall comply with the minimum front yard set forth in section 10.4. 6. Entrances. No existing entrance for a new use shall be used until the Virginia Department of Transportation approves the entrance to the site. Except for those changes to the entrance required to meet applicable design standards, provide adequate sight distance and safe and convenient access as determined by the county engineer, each existing entrance shall retain its existing site character as determined by the director of planning. Sale of gasoline and other fuels. If a special use permit is granted for the sale of gasoline and other fuels, the sale of gasoline from dispensers shall be limited to one multiple product dispenser or one dispenser containing no more than six nozzles, not including nozzles for diesel fuel. l 8-5-22.17 Zoning Supplement #79, 5-8-13 ALBEMARLE COUNTY CODE d. Pre-existing country stores. Any country store existing before and continuing on and after November 12, 2008 that was authorized by a special use permit or a conditional use permit (the "permit") granted by the board of supervisors shall be subject to the following: 1. Country store, Class A. If the country store qualifies as a country store, Class A, the permit and its conditions shall be of no further force or effect. If the permit or a modification, waiver, variation, or a variance granted prior to November 12, 2008 authorizes what would otherwise be allowed only by a modification or waiver of the requirements of section 5.1.45, the country store, Class A and/or the historic country store building as approved shall be deemed to comply with section 5.1.45. Country store, Class B. If the country store qualifies as a country store, Class B, the permit and its conditions shall apply or not apply as follows: (i) if the permit has a condition that is more restrictive than the applicable regulations in section 5.1.45, the applicable regulations in section 5.1.45 shall apply; and (ii) if the permit or a modification, waiver, variation, or a variance granted prior to November 12, 2008 authorizes what would otherwise be allowed only by a modification or waiver of the requirements of section 5.1.45 granted under section 5.1, the country store, Class B and/or the non -historic country store building as approved, shall be deemed to comply with section 5.1.45. 3. Gasoline fuel dispensers. Gasoline fuel dispensers established prior to November 12, 2008 may qualify as a nonconforming use under section 6.2. e. Continuation of accessory uses. Notwithstanding any other provision of this chapter, if a country store, Class A or Class B, use discontinues, an accessory use authorized by sections 5.1.45(a)(2) or 5.1.45(b)(2) may continue for up to two (2) years thereafter even though a country store, Class A or Class B use is not reestablished during that period. f. Canopies. Canopies over gasoline fuel dispensers shall be subject to the following: 1. Canopies existing on November 12, 2008. Canopies existing on November 12, 2008 are permitted, provided that the location, height, size, area, or bulk of a canopy existing on November 12, 2008 shall not be thereafter changed, enlarged or extended, and further provided that the height, size, area or bulk of a canopy may be reduced. 2. Canopies established after November 12, 2008. No canopy may be established at a country store, Class A, after November 12, 2008. A canopy may be established at a country store, Class B, after November 12, 2008 as authorized by a special use permit for a country store, Class B, under section 10.2.2(22) (Ord. 08-18(7), 11-12-08) 5.1.46 SMALL WIND TURBINES The purpose of this section 5.1.46 is to authorize small wind turbines as an accessory use in order to promote renewable energy. Each small wind turbine shall be subject to the following, as applicable: a. Application for approval. In conjunction with the submittal of a building permit application for a small wind turbine, the applicant shall submit the following information: A plat of the parcel showing the lot lines, the location of the proposed small wind turbine and the setbacks to the lot lines. 2. Plans that show the total height of the proposed structure, including rotors or turbine blades and that show compliance with the building code. 18-5-22.18 Zoning Supplement #79, 5-8-13 ALBEMARLE COUNTY CODE b. Requirements. Each small wind turbine shall be subject to the following: Primary purpose. The primary purpose of the small wind turbine shall be to support and provide power for one or more authorized uses of the property, provided that nothing herein shall prohibit the owner from connecting the small wind turbine to a public utility and selling surplus power to the utility. 2. Location. Notwithstanding section 4.2.3.1 of this chapter, the small wind turbine may be located in an area on a lot other than a building site. A small wind turbine shall not be located within a historic district or within a ridge area. Setbacks. The small wind turbine shall not be located closer in distance to any lot line than one hundred and fifty (150) feet. The agent may authorize a small wind turbine to be located closer to any lot line if the applicant obtains an easement or other recordable document showing agreement between the lot owners that is acceptable to the county attorney and, where applicable, that prohibits development on the portion of the abutting parcel sharing the common lot line that is within the small wind turbine's fall zone. If the right-of-way for a public street is within the fall zone, the Virginia Department of Transportation shall be included in the staff review, in lieu of recording an easement or other document. 4. Height. The small wind turbine shall not exceed the maximum height permitted for structures within the applicable zoning district. 5. Lighting. The small wind turbine shall have no lighting. 6. Collocation. The small wind turbine shall not have personal wireless service facilities collocated upon it. 7. Removal. The small wind turbine shall be disassembled and removed from the property within ninety (90) days after the date the use(s) to which it provides power is discontinued or its use to generate power is discontinued. If the agent determines at any time that surety is required to guarantee that the small wind turbine will be removed as required, the agent may require that the owner submit a certified check, a bond with surety, or a letter of credit, in an amount sufficient for, and conditioned upon, the removal of the small wind turbine. The type and form of the surety guarantee shall be to the satisfaction of the agent and the county attorney. C. Approval. The agent is authorized to review and approve small wind turbines. The agent shall act on the application before the building permit application or site plan for the small wind turbine is approved. Notwithstanding subsection 5.1, no requirement of subsection 5.1.46(b) may be waived or modified for a small wind turbine. d. Denial. If the agent denies an application, it shall identify which requirements were not satisfied and inform the applicant of what needs to be done to satisfy each requirement. (Ord.09-18(11), 12-10-09) 5.1.47 FARM STANDS AND FARMERS' MARKETS Each farm stand and farmers' market shall be subject to the following, as applicable: a. Zoning clearance. Notwithstanding any other provision of this chapter, each farm stand or farmers' market shall obtain approval of a zoning clearance issued by the zoning administrator as provided by section 31.5 before the use is established as provided herein: 1. Application. Each application for a zoning clearance shall include a letter or other evidence from the Virginia Department of Transportation establishing that it has approved the entrance from the public street to the proposed use and a sketch plan, which 18-5-22.19 Zoning Supplement #103, 8-9-17