HomeMy WebLinkAboutLOD201800008 Letter of Determination 2018-07-26County of Albemarle
Department of Community Development
July 26, 2018
Mr. H. Carter Hilliard
Hilliard Estate & Land Management, LLC
2315 Garth Lane
Charlottesville, VA 22901
RE: OFFICIAL DETERMINATION OF USE - Hilliard Estate & Land Management as Agricultural
Service Occupation (LOD 2018-08)
Mr. Hilliard,
Based on your request, staff examined the County's ordinance and previously approved agricultural
service occupation uses. In consultation with the County Attorney's Office, we have determined that
Hilliard Estate and Land Management (HELM) as described in your application's cover letter classifies
as an agricultural service occupation use.
Agricultural Service Occupation Use
County Code § 18-10.2.1(12) now permits agricultural service occupations as a by -right use in the
Rural Areas district, subject to the performance standards in County Code § 18-4.14. An agricultural
service occupation is defined in County Code § 18-3.1 as:
Agricultural service occupation: An occupation in which skill and expertise in some
agriculturally related field are applied to the service of others engaged in agriculture; provided
that sales of goods shall be limited to those incidental to the performing of a service.
Previous approvals for agricultural service occupations include a harness and farrier shop
(SP19780004) and an equine veterinary (SP197800011), prior to allowance of agricultural service
operations as by right uses in the Rural Areas. These two prior uses directly served and were only
applicable to those involved in agriculture. The Zoning Ordinance definition of agriculture includes "the
keeping of livestock or poultry, or both, regardless of whether the keeping of livestock or poultry
qualifies as an agricultural operation." A blacksmithing business (SP198500059) was determined to be
a by right agricultural service occupation in 1990, following a zoning text amendment allowing
agricultural service occupations as by right uses in the Rural Areas district.
Hilliard Estate & Land Management Services
Described Agricultural Services
The uses performed by Hilliard Estate & Land Management Services as described in your application
include: "bush hogging, tractor work, custom farming, pasture renovation & maintenance, landscape
maintenance & mowing of entire farms, fencing, and other farm & land management related activities."
With the exception of landscape maintenance, these described activities are directly related to
agriculture and the preservation of agricultural lands. The uses are similarly described in advertising
on the applicant's website at http://hilIiardmanagement.com/, as accessed on July 25, 2018.
July 26, 2018
Use Determination - HELM as Agricultural Service Operation
Page 2
Incidental Non -Agricultural Services
Landscape maintenance, as described in the business activities of Hilliard Estate & Land
Management, may in some cases not directly pertain to agricultural operations. While the landscape
maintenance described in your application is performed primarily on properties engaged in agricultural
operations, landscape maintenance in general may be classified under "Home and business services
such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance
services," as described in County Code § 18-24.2.1(17). Additionally, you previously described
performing landscape maintenance on residential parcels for clients of your agricultural services. This
use is not directly related to agriculture, and is not a by -right use of Rural Areas properties.
However, due to its limited scope in the larger business operations of Hilliard Estate & Land
Management, landscape maintenance may be considered an incidental use accessory to the
business. The accessory use of landscape maintenance on non-agricultural properties, whether in the
Rural Areas or in Residentially Zoned Districts, must remain in proportion to the agricultural support
services provided by HELM. If this proportion changes significantly, the business will no longer be
classified as an agricultural service operation.
Summary
The nature of Hilliard Estate & Land Management is largely in support of agricultural operations and
the preservation of agricultural lands. As described in your application cover letter, with minimal non-
agricultural accessory landscape management services, Hilliard Estate & Land Management is
determined to be an agricultural service occupation, and a by -right use in the Rural Areas district. The
agricultural service occupations described in your letter are by right uses on all Rural Areas and
Monticello Historic District zoned parcels, and are allowed by special use permit on Village Residential
parcels.
You may have a right to appeal this determination within 30 days of this notice, in accordance with
Virginia Code § 15.2-2311. If you do not file a timely appeal, this determination shall be final and
unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and the
Board of Zoning Appeals, in accordance with Albemarle County Code § 18-34.3, along with a fee of
$240 plus the actual cost of advertising the appeal for public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the Department of
Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online at
www.albemarle.org/cdapps. This form applies to appeals of decisions of the zoning administrator or
any other administrative officer pertaining to the Zoning Ordinance.
Regulations pertaining to the filing of an appeal to the Board of Zoning Appeals are outlined in
Albemarle County Code § 18-34.3, which may be reviewed online at
www.albemarle.ora/countvcodebza.
Sincerely,
Amelia McCulley, A.I.C.P.
Zoning Administrator