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AP202200002 Staff Report 2022-08-02STAFF: Bart Svoboda, Zoning Administrator Lisa Green, Manager, Code Compliance PUBLIC HEARING: August 2, 2022 STAFF REPORT: AP2022-00002 APPLICANT/APPELLANT: Allied Portables, LLC P.O. Box 939 Crozet, VA 22932 John Harvey Falls and Virginia S. Falls P.O. Box 33 Afton, VA 22920 Subject Tax Parcel Number: 801 Franklin Street, Charlottesville, VA - Tax Parcel 07700-00-00-021AO (the "Property") Parcel Information: The Property is located at 801 Franklin Street, with the entrance about 200 feet north of the intersection with Nassau Street. The Property is zoned Light Industrial (LI), is located in the Scottsville Magisterial District, and lies entirely within the 100-year Floodplain, which marks the County's Flood Hazard Overlay District. (Attachment A). Considering an Appeal: The BZA's decision on appeal is limited to determining whether the decision of the Zoning Administrator was correct and whether the zoning ordinance was applied correctly. This appeal does not consider whether the proposed use is appropriate, whether it is in the public interest, or whether a zoning regulation is invalid or needs to be amended. The purpose of this hearing is only to determine if the ordinance was applied correctly. History: March 23, 2022 - Complaint was received regarding storage of multiple portable toilets in the floodplain. March 25, 2022 - Zoning staff and the Fire Marshall met on site with the owner's representative. It was discussed that the use taking place was not permitted. May 2, 2022 - The Notice of Official Determination of Violation (Attachment B - ZVIO2022-076) was sent pursuant to Zoning Ordinance § 30.3 (Flood Hazard Overlay District). May 27, 2022 - The applicant filed a timely appeal (Attachment C - AP20220002) of the Notice of Official Determination of Violation. Grounds for Zoning Administrator's Determination: The storage of multiple portable toilets in the Flood Hazard Overlay District is not a permitted use under County Code § 18-30.3.11 (Attachment D). Staffs Response to Appeal: 1.) The County does not agree with the claim that the appellants have a legal nonconforming use on this property. A series of aerial photographs (Attachment E) show that a contractor storage yard has not been in continual use since December 2015. These photographs coincide with a prior notice of violation (Attachment F), sent October 28, 2014, which also determined that no use pre-existed the zoning ordinance in effect. Because that notice of violation was never appealed, its finding that a nonconforming use did not exist became a thing decided. The property owner at that time was Mr. Falls and the construction company was Summit Construction. The owners were instructed to have the property brought into compliance by removing material and vehicles. The property was in fact brought into compliance, and the contractor storage yard use ceased to exist on this property on or about June 19, 2015. Copy of ZVI02014-00149 Complaint Actions: Parcel: '',07700-00-00-023Aa aecerved0ate-. 09/18/2014 e Print Complaint Ticket Entered by/Date arm.. reu.,.,,, n,,C:A 5-A-U' .. �. pe4nnyµxlionJn NOV Mailed Comolete 10/28/2014 10/28/2014 Onsite with Photos Complete 12/05/2014 12101120141 1 cPP Complete 12/o5/ZO14 t2/ti"2.rt Onsite with Photos Como are 01/28/2015 01/281201'1 Cop Comolete 02/20/2015 02/20/2015 Phone Call Corn olete 03/16/2015 03/16/2015 Cowt Comolete 03/23/2015 03/23/2015 Onsite with Photos Comolete 04/23'2015 04/23/2015 0as0e Comolete 05/07/2015 05/07/2015 Abated i Comolete 06/19/2015 06/10120151 •lt.'. Comments Almm¢traem C—ts _ ar<�-oo brii.,r-aL:.e a: �ono-><mr::mray. vase. j J Though the appellants' letter states that the use of the property "was a continuation of a lawfully existing uses prior to and on April 2, 2014," as early as October 2014, no lawfully nonconforming use existed. 2. Though the appellants also argue that certain recreational uses are allowed right in the flood hazard overlay district, a business that rents and stores portable toilets is not such a recreational use. Providing goods or services to a park does not make the business providing those goods or services a park or recreational use. In fact, this business is not a park, a picnic area, an athletic field, a fish hatchery, or any other recreational use. It is a contractor storage yard. Because the business of renting and storing multiple portable toilets (a contractor storage yard) is not a recreational use, it is not permitted to be located within the flood hazard overlay district on this property. 2 Summary On May 5, 2022, Official Zoning Determination ZVIO2022-076 (Attachment B) determined that the storage of multiple portable toilets (contractors storage yard) in the floodplain is not a permitted use. Based on parcel history and the October 28, 2014 determination (Attachment F), a lawfully nonconforming use does not exist on this parcel. The evidence supports the determination that the property does not contain a nonconforming use and is therefore in violation of § 30.3 of the Albemarle County Zoning Ordinance. Because the Zoning Administrator's determination was and is correct, the Board of Zoning Appeals should affirm this determination. Proposed Motion: I move that the Board of Zoning Appeals affirm the Zoning Administrator's determination in ZVIO2022-076. Attachments: Attachment A: Location Map Attachment B: ZVIO2022-076 Notice of Violation May 2, 2022 Attachment C: Appeal Application and Justification Statement Attachment D: Zoning Ordinance § 30.3 Flood Hazard Overlay District Attachment E: Aerial Photograph History Attachment F: ZVIO2014-149 Notice of Violation October 28, 2014 Location May Attachment A 9 .. ` _ ;-0'awal w. Woolen mil 15- )- ))-so ca r1MN 11-a0 ''t? )] 10V Ii 71 002 y 1e.21eo b.l^..`,-f.Yjl:_r.kW4 y / ehs,Fxen yw I'I j 1).x1 Plyey S� re 11-21A i ��ee� )e 12A 4 Mpe ►,@teeK�� q1� )].lea n.xo ]] 10A 11 25 SOOR 1 51), m 1122 77 11 V" =A ]] Leafletl IA/vwe, elAfam S �OF County of Albemarle COMMUNITY DEVELOPMENT DEPARTMENT 401 McIntire Road, North Wing Charlottesville, VA 22902-4579 Telephone: 434-296-5832 WWW.ALBEMARLE.ORG NOTICE OF OFFICIAL DETERMINATION OF VIOLATION The Date this Notice of Determination is aiven is May 5 2022 No: VIO-2022-076 CERTIFIED MAIL# 7021 0350 0000 3827 0141 John Harvey Falls and Virginia S Falls Allied Portable Toilets in central Virginia PO Box 33 P.O. Box 939 Afton VA, 22920 Crozet, VA 22932 Property: Parcel ID07700-00-021A0 Zoning: Light Industrial [LI] District Flood Hazard Overlay [FH] District Dear John Harvey Falls or Virginia S Falls: John Harvey Falls and Virginia S Falls PO Box 33 Afton VA, 22920 Owner of Record This notice is to inform you that the above -described Property is in violation of the Albemarle County Zoning Ordinance. This conclusion is based on the following observations of the above -described Property by a Code Compliance Officer on May 02, 2022: Multiple portable toilets being stored on this parcel in the designated flood plane is not a permitted. Because this use of the Property or structure did not pre-exist the applicable Zoning Ordinance, it cannot be considered legal but non -conforming use or structure. Accordingly, the following section of the Zoning Ordinance has been violated: Albemarle County Code § 18-30.3.11 Flood Hazard Overlay District; Permitted and Prohibited uses and structures This violation of the Zoning Ordinance is unlawful, and may be subject to civil penalties, criminal penalties, injunctive relief and/or other remedies, pursuant to Albemarle County Code § 18-36. This letter also serves to notify you to stop the activity or use outlined above immediately. Failure to comply with this notice may result in legal action being taken against you and any other owner, tenant or VIO-2022-076 Page 2 May 5, 2022 other responsible party. In addition, you must bring the property into compliance by June 3, 2022, to avoid court action. Future compliance past this date does not preclude the County from pursuing legal action for existing or past violation(s). If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of this notice, in accordance with Virginia Code § 15.2-2311; provided, however, that a ten (10) day appeal period applies to appeals of decisions pertaining to temporary or seasonal commercial uses, and such appeals shall be filed within ten (10) days after this decision. 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 $295.36. This fee includes the $284 application fee and the 4% Technology surcharge of $11.36. Additionally, a separate fee of $448 is required for the cost of providing notice and advertising of the appeal for a 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 htips://www.albemarle.ore/home/shoyTublisheddocument/216/637617797415170000. 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 https://libraa.municode.com/va/albemarle county/codes/code of ordinances?nodeld=CH18ZO ARTIVPR S34BOZOAP S34.3APORREDEDEBOZOAP. If you have any questions, please contact Benjamin Cooper, Code Compliance Officer, at 434-296- 5832 ext. 3427. 4areeAn, AV 2ode ger Compliance County of Albemarle FOR OFFICE USE ONLV AP #s-J- —(pl SIGN N ZONING ORDINANCE SECTION: Fee Amount $ Date Paid By who? _ Receipt q Ckp Application for 0121: Appeal of Zoning Administrator's Determination ® Appeal of Zoning Administrator's Determination = $295.36 Application $284 + Technology surcharge $11.36 ❑ Initial notice fee to be provided in conjunction with an application, for preparing and mailing notices and published notice = $448 FEES for re -advertisement and notification of public hearing after advertisement of a Public hearins: and a deferral is made at the applicant's request Preparing and mailing or delivering each notice after fifty (50) $237 v Preparing and mailing or delivering each notice after fifty (50) St.19 for each additional notice + actual cost of first-class osta e Y Published notice (published twice in the newspaper for each public Actual cost based on a cost quote from the publisher Contact Person ( Who should we call/write concerning this project?): Steven W. Blaine, Esq. Address 123 East Main Street, 5th Floor City Charlottesville State VA Zip 22902 Daytime Phone (4,Mj 22006831 Fax # (4341 260.8270 E-mail sblaine@woodsrogers.com Owner of Record Mr. John Harvey Falls Address P.O. Box 33 Daytime Phone (540) 456.8154 Fax # C ___) City Afton E-mail State VA Zip 22920 Applicant ( Who is the Contact person representing?): Allied Portables, LLC (Allied Portable Toilets) Address P.O. Box 939 Daytime Phone (804) 658.5548 Fax # C_) City Crozet state VA Zip 22932 E-mail jepley@rivercitycorp.com County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 2%-5832 Fax: (434) 9724126 Appeal Application Revised 7/1/2021 Page I of Project Name: 801 Franklin Street Tax map and parcel: 07700-00-00-021AO Zoning: Light Industrial (LI); Flood Hazard District Phvsical Street Address (if assigned): 801 Franklin Street, Charlottesville, VA Location of property (landmarks, intersections, or other): Immediately adjacent to the City boundary line: near Moore's Creek The following information shall be submitted with the application and is to be provided by the applicant: 1) Completed application including subject of appeal. 2) Justification for applicant's position, including error in Zoning Administrators determination. You may use the space below to provide this information or submit an attached sheet. 3) If applicable, a copy of the latest deed for the property involved, and the approved and recorded plat. 4) If applicable, the appropriate drawings showing all existing and proposed improvements on the property and any special conditions for the situation that may justify the appeal. 5) Reference to the relevant Zoning Ordinance section or other applicable regulations or case precedence to justify the appeal. 6) Appropriate fee made payable to the County of Albemarle. Explanation of error in determination and justification of applicant's position: Sew i,�,ktJk Owner/Applicant Must Read and Sign I hereby certify that the information provided on this application and accompanying information is accurate, true and correct to the best of may knowledge and belief. Signature of Owner or Contract Purchaser, Ag nt Date John Epley Print Name 804.658.5548 Daytime phone number of Signatory Board of Zoning Appeals Action/vote: Board of Zoning Appeals Chairman's signature: Date: Appeal Application Revised 7/1/2021 Page 2 of 2 APPEAL OF ZONING DETERMINATION VIO-2022-076 This is in support of the Applicant's Appeal of the Zoning Determination (VIO-2022-076), dated May 5, 2022. The Applicant is the owner of Allied Portable Toilets in Central Virginia and leases the property at 801 Franklin Street in Charlottesville from the owner, Mr. John Falls. The property is zoned Light Industrial (LI) and located on the line of the City of Charlottesville limits. Applicant stores portable toilets at the site which are leased on a short-term basis primarily for customers in the construction industry, but also for other commercial and recreation uses which require portable sanitation disposal. As an example, the County of Albemarle leases portable toilets from the Applicant for a variety of uses, as does the City of Charlottesville. The location is favorable because of its proximity to the RWSA solid waste disposal site. The portable toilets stored at the site do not contain any human waste and are without any fluid chemicals during storage. The Applicant began storing portable toilets at this site in 2017 and has never received a complaint until the May 5, 2022 Notice of Violation. 1. The Zoning Determination is erroneous because the Applicants manner of use was a continuation of lawfully existing uses prior to and on April2, 2014 and therefore is a lawful nonconforming use pursuant to Sec. 30.3.3 of the Albemarle County Code. The Zoning determination asserts that the storage of portable toilets violates the Flood Hazard Overlay District (FHOD) regulations. The Applicant concedes that the property is located within the FHOD. If not for the FHOD regulations however, the storage of portable toilets would be permitted as a matter of right in the underlying zoning district — LI. The zoning determination does not assert that the use is unlawful under the LI District regulations — only those of the FHOD. Sec. 30.3.3 states that any use or development lawfully existing on April 2, 2014 shall be nonconforming to the extent that it is not in compliance with Sec. 30.3 (the FHOD regulations). The property has been used for the storage of equipment and materials, without discontinuance since well before April, 2014. The primary use of this property, since 1946 has been as a livestock auction and sales facility. The current owner, Mr. Falls has owned the property since 1980. During that period and prior to April, 2014 the property was also leased to a succession of construction or construction -related companies for equipment and materials storage —uses which did not interfere with the weekly livestock auctions. According to two of Mr. Falls' family members, during the period prior to April 2014, Summit Construction leased the property for equipment and storage. According to Mr. Fall's son, Mr. Palmer Putnam, Summit Construction leased the property up until the time that the Applicant took possession. Prior to Summit Construction, Slurry Pavers, Inc. leased the property for equipment and materials; and prior to Slurry Pavers, Baxley Materials Company did the same. A Google Earth photograph taken in April, 2013 is attached which depicts the site with equipment and trailers, as well as materials present. The Applicant's storage of portable toilets for use on construction sites as well as for customers with temporary sanitation needs is a continuance of a storage use that predates the effective date of the FHOD regulations. Based upon the facts present, the Zoning Determination is erroneous as the Applicant's use is a continuous, lawfully conforming use. 2. The Zoning Determination is erroneous because the Applicant's manner of use could be argued to be lawful as a matter of right under the FHOD. The FHOD regulations allow as a matter of right: "Recreational uses including, but not limited to, parks, swimming areas, golf courses and driving ranges, picnic areas, wildlife and nature preserves, game farms, fish hatcheries, hunting, fishing and hiking areas, athletic fields, and horse show grounds." Virtually all of the permitted recreational uses listed, and that can be found throughout the County of Albemarle deploy portable toilets. The Applicant is a supplier to a number of such uses. If recreational uses located within the FHOD are not permitted to maintain portable toilets on site, (as a result of the logic of the Zoning Determination), then the operation and enjoyment of such uses will be severely, and negatively impacted. For the foregoing reasons, we respectfully request that the Zoning Determination be reversed. 7/18/22, 9:42 PM Albemarle County, VA Code of Ordinances Lb, Sec. 3b.3 - Flood hazard overlay district - FH. Sec. 30.3.1 - Purpose and intent Under the authority of Virginia Code § 15.2-2280the purposes and intent of section 30.3 are to: A. Prevention of harm. Prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base. B. Means used. In order to prevent the several harms described in subsection (A), section 30.3 establishes an overlay zoning district to: (i) regulate uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies; (n) restrict or prohibit certain uses, activities, and development from locating within areas subject to flooding; (iii) require all of those uses, activities, and developments that do occur in areas subject to flooding to be protected or flood -proofed, or both, against flooding and flood damage; and (iv) protect individuals from buying land and structures which are unsuited for intended purposes because of flood hazards. C. Flood insurance. Address a local need for flood insurance and to participate in the National Flood Insurance Program. (§ 30.3.01, 12-10-80; Ord. 05-18(1) , 1-5-05, effective 2-5-05; § 30.3.1, Ord. 14-18(1)1 3-5-14) State Law reference—Va. Code § 15.2-2280. Federal law reference-44 CFR §§ 59.22(a)(1), (a)(2). Sec. 30.3.2 - Flood insurance rate map and flood insurance study. The flood hazard overlay district shall be composed of all areas of the county within the special flood hazard areas delineated on the Flood Insurance Rate Map for Albemarle County, Virginia and Incorporated Areas and the Independent City of Charlottesville, most recently amended effective on and after May 16, 2016 (the "Flood Insurance Rate Map"), and the Flood Insurance Study for Albemarle County and Incorporated Areas and the Independent City of Charlottesville prepared by the Federal Emergency Management Agency, most recently amended effective on and after May 16, 2016 (the "Flood Insurance Study"), and includes all subsequent revisions and amendments to the Flood Insurance Rate Map and Flood Insurance Study. The Flood Insurance Rate Map and the Flood Insurance Study are incorporated herein by reference. The Flood Insurance Rate Map, including all of the special flood hazard area zones designated thereon, is hereby adopted as the zoning map of the flood hazard overlay district. (§ 30.3.02.1 (part), 12-10-80; 6-10-87; Ord. OS-18(1)� 1-5-05, effective 2-5-05; § 30.3.2, Ord, 14-18(1)_ 3-5-14; Ord, 16-18(5)_ 5-4-16, effective 5-16-16) State Law reference— Va. Code § 15.2-2280. Federal law reference-44 CFR § 60.2(h). Sec. 30.3.3 - Applicability Section 30.3 applies as follows: A. Territory. Section 30.3 shall apply to all privately and publicly owned lands within the county that are identified as being within a special flood hazard area according to the Flood Insurance Rate Map provided to the county by the Federal Emergency Management Agency. B. Relationship to other regulations. The regulations in section 30.3 supersede any less restrictive conflicting ordinances and regulations. C. New uses and development. On and after April 2, 2014, no land shall be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of section 303 this chapter, and any other applicable ordinances and regulations which apply to uses within the county. D. Pre-existing uses and development. Any use or development lawfully existing on April 2, 2014 shall be nonconforming to the extent that it is not in compliance with section 30.3. E. Presumptions. Any, use, structure or other development lawfully established after April 2, 2014 without a floodplain development permit, elevation certificate, or any other certification or documentation (collectively, the "documentation") required for development within the flood hazard overlay district is presumed to be a violation of this chapter until the documentation is provided to the floodplain 1/15 �'++' Albemarle County, VA Code of Ordinances administrator and determined to satisfy the requirements of the district. (§ 30.3.3; Ord. 14-18(1), 3-5-14) State Law reference— Va. Code 5 15.2-2280 . Federal law reference-44 CFR § 60.1(b). Sec. 30.3.4 - Disclaimer. The degree of flood protection sought by the provisions in section 30.3 is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. Therefore: A. Flooding and flood damage may occur outside of flood hazard overlay district. Section 30.3 does not imply that lands or uses outside of the flood hazard overlay district will be free from flooding or flood damage. B. Disclaimer. Section 30.3 is not a waiver of sovereign immunity or any statutory immunities and shall not create liability on the part of the county or any of its officers or employees for any flood damage resulting from reliance on this section or any decision or determination lawfully made under this chapter. (§ 30.3.08, 12-10-80; § 30.3.4; Ord 14-18(1), 3-5-14) Sec. 30.3.5 - (Repealed 6-5-19) Sec. 30.3.6 - Designation of floodplain administrator; powers and duties. The county engineer is hereby designated the floodplain administrator (the "floodplain administrator") and shall have any and all powers and duties authorized bylaw to administer and to enforce section 30.3 including, but not limited to, the following: A. Administration. Administer section 30.3 which shall include, but not be limited to, performing all applicable duties and responsibilities of the county as provided in 44 CFR § 60.3(a), (b), (c), and (d) relevant to the administration of section 30.3. B. Delegation to qualified employees and authorized public entities. Delegate any duties and responsibilities set forth in section 30.3: (i) to qualified technical personnel, plan examiners, inspectors, and other employees; and (ii) with the prior consent of the Virginia Department of Conservation and Recreation, to an authorized public entity by written memorandum of understanding or memorandum of agreement; provided that the floodplain administrator and the county shall remain responsible for complying with the requirements of this section and all applicable state and federal laws. C. Implement commitments. Implement the commitments required to be made by the county under 44 CFR § 59.22(a). D. Recordkeeping. Maintain and permanently keep records that are necessary for the administration of section 30.3. including: (i) Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps) and Letters of Map Change; and (ii) documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum on the Flood Insurance Rate Map) to which structures have been flood -proofed, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations. E. Reporting. Report information as required by law, including the following: 1. Periodic report regarding County participation in program. Submit to the Federal Emergency Management Agency, either annually or biennially as he determines, a report concerning the county's participation in the National Flood Insurance Program, including, but not limited to, the county's development and implementation of floodplain regulations, under 44 CFR § 59.22(b). 2. Report of buildings, development and related permits. Upon the request of the Federal Emergency Management Agency, complete and submit a report concerning participation in the National Flood Insurance Program, and which may include information regarding the number of buildings in the special flood hazard areas, number of permits issued for development in the special flood hazard areas, and number of variances issued for development in the special flood hazard areas. 3. Changes to base flood elevation. As soon as practicable, but not later than six months after the date information regarding an increase or decrease to the county's base flood elevations resulting from physical changes affecting flooding conditions becomes available, the administrator shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. F. Signatory on applications for Letters of Map Change. Sign as the community official on applications for Letters of Map Change to the Federal Emergency Management Agency. 2/15 7/18/22, 9A2 PM Albemarle County, VA Code of Ordinances G. Enforcement. In conjunction with the zoning administrator who is authorized by section 31.1 to enforce this chapter, enforce section 30.3inv alleged violations, issue notices to comply, notices of violation, or stop work orders, as authorized by law, and require permit holders to take corrective action. (§ 30.3.6; Ord. 14-18(1), 3-5-14) State Law reference— Va. Code § 15.2-2286 . Federal law reference-44 CFR §§ 59.22(b), 60.2(e), 60.3(b)(5), 65.3. Sec. 30.3.7 -Administration; interpretation of Flood Insurance Rate Map. The floodplain administrator shall make interpretations, where needed, as to the exact location of special flood hazard areas, floodplain boundaries, including the approximated floodplain, and regulatory floodway boundaries. The following shall apply to the use and interpretation of a Flood Insurance Rate Map and data: A. Where field surveyed topography indicates that adjacentground elevations above or below base flood elevation. Where field surveyed topography indicates that adjacent ground elevations are: 1. Above base flood elevation. Above the base flood elevation, the area shall be regulated as a special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area, 2. Below base flood elevation. Below the base flood elevation, even in an area not delineated as a special flood hazard area on a Flood Insurance Rate Map, the area shall be regulated as a special flood hazard area and subject to the requirements of section 30.3. B. Special flood hazard area identified, where base flood elevation and floodway data not identified (approximated floodplain). In any special flood hazard area where base flood elevation and floodway data have not been identified and the floodplain is approximated, any other flood hazard data available from a federal, state, or other sources shall be reviewed and reasonably used and, for example, the floodplain administrator may use as guidance the Federal Emergency Management Agency publication entitled "Managing Floodplain Development in Approximate Zone A Areas: A Guide for Obtaining and Developing Base (100-Year) Flood Elevations." C. Special flood hazard area not identified. In any area where a special flood hazard area has not been identified, any other flood hazard data available from a federal, state, or other source shall be reviewed and reasonably used. D. Elevations and boundaries on Flood Insurance Rate Map and in Flood Insurance Study take precedence. The base Flood elevations and regulatory floodway boundaries on a Flood Insurance Rate Map and in a Flood Insurance Study shall take precedence over base flood elevations and regulatory floodway boundaries by any other sources if those sources show reduced regulatory floodway widths, lower base flood elevations, or both. E. Reasonable use of other data sources. Other sources of data shall be reasonably used if they show increased base flood elevations, larger floodway areas, or both, than are shown on a Flood Insurance Rate Map and in a Flood Insurance Study. F. Preliminary Flood Insurance Rate Map; preliminary Flood Insurance Study. If a preliminary Flood Insurance Rate Map, Flood Insurance Study, or both has been provided by the Federal Emergency Management Agency: 1. Prior to the issuance of Letter of Final Determination. Prior to the issuance of a Letter of Final Determination by the Federal Emergency Management Agency, the use of preliminary flood hazard data: (i) is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations, regulatory floodway widths, or both, in existing flood hazard data provided by the Federal Emergency Management Agency; (ij shall be deemed the best available data and used where no base flood elevations, floodway areas, or both, are provided on the effective; and (iii) any such preliminary data may be subject to change, appeal to the Federal Emergency Management Agency, or both. 2. Upon the issuance of a Letter of Final Determination. Upon the issuance of a Letter of Final Determination by the Federal Emergency Management Agency, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from the Federal Emergency Management Agency for the purposes of administering section 30.3. (§ 30.3.02.2, 12-10-80; Ord. 01-18(6), 10-3-01; Ord. 05-18(1)- 1-5-05, effective 2-5-05; § 30.3.7; Ord. 14-18(1)-, 3-5-14) State Law reference— Va. Code § 15.2-2286 . Federal law reference-44 CFR § 60.3. Sec. 30.3.8 -Administration; interpretation of district boundaries. 3/15 7118/22, 9:42 PM Albemarle County, VA Code of Ordinances The zoning administrator, in consultation with the floodplain administrator, is authorized to interpret the boundaries of the flood hazard overlay district, as provided in section 31.1(a), subject to any aggrieved person's right to appeal any decision, determination or order to the board of zoning appeals as provided in section 34. (§ 30.3.8; Ord 14-18(1), 3-5-14) State Law reference— Va, Code §§ 15 2. 286 . 5 2- 1 . Federal law reference-44 CFR § 59.22(b)(1). Sec. 30.3.9 - Administration; amendment to district boundaries. With the prior approval of the Federal Emergency Management Agency, the board of supervisors may amend the boundaries of the flood hazard overlay district in one or more of the following cases: (i) where natural or man-made changes have occurred; (ii) where more detailed studies have been conducted or undertaken by the United States Army Corps of Engineers or other qualified agency; or (iii) an individual documents the need for such change. (§ 30.3.07 (part), 12-10-80; Ord 05-18(1), 1-5-05, effective 2-5-05; § 30.3.9; Ord 14-18(1), 3-5-14) State Law reference— Va. Code §§ 15 2-2285 . 15.2-2286 Federal law reference-44 CFR § 59.22(b)(1). Sec. 30.3.10 -Administration; Letters of Map Change. Letters of Map Change are subject to the following: A. Request. Any owner, developer or subdivider (collectively, the "owner") shall or may request a Letter of Map Change or a Conditional Letter of Map Change as provided by federal law, and as follows: 1. Letter of Map Amendment ("LOMA) or Conditional letter of Map Amendment ("CLOMA'). If survey data shows that a parcel, site or structure is or will be above the base flood elevation and the owner wants the parcel, site or structure removed from the special flood hazard area designation, he may request a Letter of Map Amendment from the Federal Emergency Management Agency. The owner also shall provide survey data to the floodplain administrator, which shall be in a form and of a substance that is satisfactory to the floodplain administrator. If the survey data is satisfactory to the floodplain administrator, he shall record the data. An owner may request a Conditional Letter of Map Amendment for an undeveloped parcel. 2. Letter of Map Revision ("LOMR') or Conditional Letter of Map Revision (CLOMR), optional. If a new flood study has been conducted showing that the original study was in error or that the new study is based on more accurate or better technical data, an owner may request a Letter of Map Revision or a Conditional Letter of Map Revision from the Federal Emergency Management Agency to change the floodplain or regulatory floodway boundaries or to include new flood data. 3. Letter of Map Revision ("LOMR) or Conditional Letter of Map Revision (CLOMR), required. If development, or proposed development, in the floodplain may result in a change to the base flood elevation in any special flood hazard area, encroaches on the regulatory floodway, or would alter or relocate a stream, the owner shall request a Letter of Map Revision or a Conditional Letter of Map Revision from the Federal Emergency Management Agency. If the requested Letter of Map Revision is based on new fill in the floodway fringe where a regulatory floodway is defined, the owner shall request a Letter of Map Revision -fill ("LOMR-F") or a Conditional Letter of Map Revision - fill ("CLOMR-F'7. 4. Minimal submittal requirements to the floodplain administrator,, signature. The owner shall submit to the floodplain administrator two copies of the proposed application, together with supporting documentation and models, and the applicable fee, for review and approval prior to the floodplain administrator signing the application as the community official. If the owner is required to obtain a special use permit for any proposed development in the flood hazard overlay district, the owner shall first obtain approval of the special use permit and satisfy all applicable conditions of the special use permit before the floodplain administrator signs the application. B. Effect of conditional Letter of Map Change. A Conditional Letter of Map Change informs the owner and others that when the development is completed, and if the owner submits an elevation certificate and as -built drawings certified by a land surveyor or a professional engineer to demonstrate that the development was built as approved in the Conditional Letter of Map of Map Change, it will qualify for the 4/15 7/18/22, 9:42 PM Albemarle County, VA Code of Ordinances particular Letter of Map Change, which must be requested from and issued by the Federal Emergency Management Agency in order for the map to be amended or revised. C. Effect of Letter of Map Change on permitting and uses. A proposed or pending request for a Letter of Map Change affects permitting and uses as follows: 1. Letter of Map Amendment or Conditional Letter of Map Amendment If the owner has or will be requesting a Letter of Map Amendment or a Conditional Letter of Map Amendment as provided in subsection (A)(1), the administrator or any other county official or body may act on any pending application and any authorized use may begin, provided that the owner furnished to the administrator the survey data on which a Letter of Map Amendment or Conditional Letter of Map Amendment is or will be based before the Letter of Map Amendment or Conditional Letter of Map Amendment is issued. 2. Letter of Map Revision or Conditional Letter of Map Revision, optional If the owner has or will be requesting an optional Letter of Map Revision or Conditional Letter of Map Revision as provided in subsection (A)(2), the administrator or any other county official or body may act on any pending application and any authorized use may begin, provided that if the Letter of Map Revision or Conditional Letter of Map Revision, if issued, would reduce any design or construction standard, or change the special flood hazard area designation of the parcel, site or structure from the regulatory floodway to the floodway fringe, any approval may be conditioned on, and no use shall be begin, until the Federal Insurance Administrator issues the Letter of Map Revision or Conditional Letter of Map Revision. 3. Letter of Map Revision ("LOMR') or Conditional Letter of Map Revision (CLOMR), required. If the owner has or will be requesting a required Letter of Map Revision or Conditional Letter of Map Revision as provided in subsection (A)(3), the administrator or any other county official or body shall not act on any pending application and no use shall begin until the Federal Emergency Management Agency issues the Letter of Map Revision and all requirements of 44 CFR § 65.12 are satisfied. (§ 30.3.07 (part), 12-10-80; Ord. 05-18t1 L, 1-5-05, effective 2-5-05; § 30,3.10; Ord. 14-18(1), 3-5-14) State Law reference— Va. Code § 15.2-2286 . Federal law reference-44 CFR §§ 59.22(b)(1), 65.3, 65.6. Sec. 30.3.11 - Permitted and prohibited uses and structures. The uses and structures permitted by right and by special use permit, and the uses and structures expressly prohibited, in the flood hazard overlay district are as follows: Use or Structure Regulatory Floodway Floodway Fringe Agricultural, Natural Resources, and Recreational Uses and Structures* Agricultural uses, limited to field crops, pasture, grazing, livestock, raising poultry, horticulture, BR BR viticulture and forestry; provided that no primary or accessory structures are permitted under this classification Structures accessory to a permitted agricultural use; provided that no accessory structures N BR having habitable space are permitted Recreational uses including, but not limited to, parks, swimming areas, golf courses and driving BR BR ranges, picnic areas, wildlife and nature preserves, game farms, fish hatcheries, hunting, fishing and hiking areas, athletic fields, and horse show grounds; provided that no primary or accessory structures are permitted under this classification Structures accessory to a permitted recreational use; provided that no accessory structures for N BR human habitation are permitted Sod farming SP SP 5/15 Albemarle County, VA Code of Ordinances 7118/22 9:42 PM Topsoil, sand, and gravel removal SP SP Flood and Water Related Uses and Structures* Flood warning aids and devices, water monitoring devices, and similar uses BR BR Flood control, stormwater conveyance, or environmental restoration projects which: (i) are BR BR designed or directed by the county, a soil and water conservation district, or a public agency authorized to carry out flood control or environmental restoration measures; or (ii) are reviewed and approved by the department of community development in accordance with the Water Protection Ordinance and with no changes to the base floodplain elevation or horizontal limits to the flood plain Dams, levees and other structures for flood control or for the public drinking water supply SP SP Engineered structures, including, but not limited to, retaining walls and revetments made of non- SP SP natural materials such as concrete which are constructed along channels or watercourses for the purpose of water conveyance or flood control Water related uses such as boat docks and boat liveries SP SP Hydroelectric power generation (reference 5.1.26) SP SP Public Utility and Telecommunications Uses and Structures* Electric, gas, oil and communications facilities, including poles, lines, pipes, meters and related BR ! i11t facilities for distribution of local service and owned and operated by a public utility, but excluding tower structures Water distribution and sewage collection lines and appurtenances owned and operated by the BR I BR Albemarle County Service Authority, but excluding pumping stations and holding ponds; public water and sewer transmission lines, main or trunk lines, and interceptors, but excluding treatment facilities and pumping stations, owned and/or operated by the Rivanna Water and Sewer Authority Pump stations for water or wastewater, including power supply and control devices, holding SP SP ponds and other appurtenances Electrical transmission lines and related towers; microwave and radio -wave transmission and SP SP relay towers Tier I and Tier II personal wireless service facilities that are attached to an existing structure N BR Tier III personal wireless service facilities N I N Stream Crossings and Grading Activities* 6/15 7/18/22, 9:42 PM Albemarle County, VA Code of Ordinances Stream crossings for a driveway serving only one single-family dwelling and pedestrian trails, BR BR including, but not limited to, pedestrian and multi -use paths that are within county -owned or operated parks and greenways, and any footbridges necessary to cross tributary streams, watercourses and swales, that: (i) meet the applicable requirements of sections 17-406 and 17- 604• (ii) demonstrate, in a floodplain impact plan, to the floodplain administrator's satisfaction, that construction of the crossing will have no impact on the elevations or limits of the floodplain; and (iii) will serve one dwelling unit that could not be accessed by any other means. Bridges, ferries and culverts not serving single-family dwellings SP SP Grading activities in compliance with the Water Protection Ordinance; provided that it is N BR demonstrated, in a floodplain impact plan that the grading will have no impact on the elevations or limits of the floodplain and further provided that any cut or fill shall be only to level areas for playfields, correct erosion problems, build trails, or other fine grading activities which will have no impact on the floodplain. For purposes of this provision, fine grading is defined as a balanced site (cut/fill) with no changes to the base floodplain elevation or horizontal limits to the floodplain. Grading activities, including cut or fill, in compliance with the Water Protection Ordinance, but for N SP which the floodplain administrator determines will or may cause the base flood elevation to rise or the horizontal limits of the floodplain to expand Miscellaneous Structures* Aircraft landing strips; provided that structures other than the landing strip, aircraft parking, and SP SP aircraft storage are prohibited Fences BR BR Structures accessory to uses permitted by right in the regulatory floodway, excluding structures N SP having habitable space; provided that any such structure permitted shall be flood -proofed and anchored, per section 30.3,15. Structure having habitable space, including any manufactured home, regardless of the N N structure's proposed use, whether it qualifies as a dwelling unit, and whether it is a primary or accessory structure Storage as a Primary or Accessory Use* Storage of gasoline, kerosene and other petroleum products N N Storage of flammable liquids, dynamite, blasting caps and other explosives N N Storage of pesticides and poisons and other similar materials N N N N Storage of machinery and motor vehicles except as accessory to a use allowed by right or by special use permit 7/15 9149119 G-A9 PM Albemarle County, VA Code of Ordinances Storage of junk N N *Heading is for organizational purposes only and is not a use classification. **Heading denotes that the use classifications are prohibited as either primary or accessory uses. BR: The use is permitted by right, provided that the use or structure satisfies all applicable requirements of this chapter, including, but not limited to, the permitting requirements of section 30 3.12 and the encroachment and construction standards in sections 30.3.13 through 30.3.15. SP: The use is permitted by special use permit, provided that the use or structure satisfies all applicable requirements of this chapter. including, but not limited to, the permitting requirements of section 303 12 and the encroachment and construction standards in sections 30 3.13 through 30 3.15. N: The use is not permitted. ((§ 30.3.04, 12-10-80); (§ 30.3.05, 12-10-80); (§ 30.3,05.1, 12-10-80); (§ 30.3.05.1.1, 12-10-80, 7-1-81, 5-12-93; Ord, 98-18(2); 9-16-98; Ord. 04-18(2), 10- 13-04; Ord. 09-18(2), 5-13-09); (§ 30.3.05.1.2-, 12-10-80; Ord 05-18(1)-, 1-5-05, effective 2.5-05); (§ 30.3.05.2, 12-10-80); (§ 30.3.05.2.1, 12-10-80, 4-28-82, Ord. 98-18(2); 9-16-98; Ord 04-18(2), 10-13-04); (§ 30.3,05.2.2, 12-10-80); § 30.3.11, Ord 14-18(1). 3-5-14; Ord. 17-18(4), 8-9-17; Ord. 19-18(3), 6-5-19) State Law reference— Va. Code § 15 2-2280 . Federal law reference-44 CFR § 60.1(d), Sec. 30.3.12- Prerequisite to development; required permits and certifications. In addition to the requirements for any other permits under this chapter, no use, structure, or any other development (collectively, the "development") within the flood hazard overlay district shall commence without the owner first obtaining or providing the following: A. Floodplain development permit. A floodplain development permit for any development, including those for which other permits or certificates are required under subsections (3) through (E), issued by the floodplain administrator, which shall be deemed to be certification of the following: 1. uses, structures or development subject to permit. The owner submitted documentation that the proposed development is authorized within the district as it has been proposed and approved under this chapter and that it is in compliance with all applicable state and federal laws. 2. Compliance with all applicable laws. The development is authorized to be undertaken only in strict compliance with the requirements of the flood hazard overlay district, this chapter, and all other applicable laws, including the Virginia Uniform Statewide Building Code, the Subdivision Ordinance, and the Water Protection Ordinance. 3. Reasonablysafe from Flooding. The site has been reviewed by the floodplain administrator and he is assured that it is reasonably safe from flooding. This assurance shall be based, in part, upon any documentation provided by the owner showing the elevation of the lowest floor, including the basement, of any new and substantially improved structures and, if the structure has been flood -proofed in accordance with the requirements of the flood hazard overlay district, the elevation (in relation to mean sea level) to which the structure has been flood -proofed. 4. Adverse effect on capacity of channels and floodways prohibited. Under no circumstances shall any development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. S. Floodway or in a riverine floodplain where the floodwayis not mapped. For any development in the regulatory floodway or in a riverine floodplain where the floodway is not mapped, the owner shall submit to the floodplain administrator a no -rise certificate composed of a professional engineer's certification that the development will not cause an increase in flood levels, based on the technical data required by section 30 3.13. The no -rise certificate shall be on a form provided by the floodplain administrator. B. Grading permit. No grading permit shall be issued for fill in the floodway fringe unless the floodplain administrator determines that the proposed fill satisfies the requirements of section 30.3.14. Permit to relocate or alter watercourse; required notice. Prior to any proposed alteration or relocation of any channels or of any watercourse within the flood hazard overlay district, the owner shall obtain all required permits from the United States Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available 8115 7/18122, 9:42 PM Albemarle County, VA Code of Ordinances from any of these organizations). In riverine areas, notification of the proposed relocation or alteration shall be given by the owner to all affected adjacent jurisdictions, the Virginia Department of Conservation and Recreation's Division of Dam Safety and Floodplain Management, the Federal Emergency Management Agency, and any other public agencies required to be notified by state or federal law. The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained. D. Building permits. No building permit shall be issued for any structure within the flood hazard overlay district unless: 1. Elevations. The building permit includes the existing and proposed ground elevations, the boundaries of the flood hazard overlay district, the base flood elevation on the site, the elevation of the lowest floor, including any basement, and for any structures to be flood -proofed as required by section 30.3. the elevation to which the structure will be flood -proofed. . 2. Elevation certificate. The owner submits to the floodplain administrator an elevation certificate, to be retained by the floodplain administrator, certifying that the lowest floor is elevated at or above the freeboard elevation. The elevation certificate shall be either on the Federal Emergency Management Agency Elevation form or a form provided by the floodplain administrator. 3. Flood -proofing certificate; non-residential buildings. The owner submits to the floodplain administrator a flood -proofing certificate composed of a professional engineer's certification that a non-residential building was properly flood -proofed as required by section 15. The flood -proofing certificate shall be either on the Federal Emergency Management Agency Elevation form or a form provided by the floodplain administrator. ((§ 30.3.03.2 (part), 12-10-80, 6-10-87); (§ 30.3.03.3, 12-10-80); § 30.3.12, Ord. 14-18(1)� 3-5-14) State Law reference— Va. Code §§ 15.2-2280 . 15.2-2286 . Federal law reference-44 CFR §§ 60.3(a)(1), (a)(2), (a)(4)(i), (a)(3), (b)(1), (b)(6), (b)(7). Sec. 30.3.13 - Encroachment standards; determining impact on base flood elevation. Any use, structure or other development authorized by section 30.3.11 shall be subject to the following: A. Within the floodway in Zone A 1-30 orAE. The following shall apply within the regulatory floodway of any Zone Al-30 or AE: 1. Encroachment prohibited unless owner demonstrates no increase in water surface elevation of the base flood. Any encroachment, including new construction, substantial improvements, fencing crossing a stream channel, or other development, but excluding Hill, is prohibited unless the owner demonstrates in a floodplain impact plan that the proposed encroachment will not result in any increase in the water surface elevation of the base flood within the county during the occurrence of the base flood discharge. Fill is prohibited in the regulatory floodway regardless of whether the owner demonstrates that the fill will not result in any increase in the water surface elevation of the base flood. 2. Encroachment which would increase the water surface elevation maybe allowed with Conditional Letter of Map Revision. Any encroachment, including fill, new construction, substantial improvements, or other development, which would increase the water surface elevation of the base flood may be allowed provided that the owner first applies, with the floodplain administrator's endorsement, for a Conditional Letter of Map Revision as provided in section 30.3.10and receives the approval of the Federal Emergency Management Agency. 3. Authorized encroachments; applicable design standards. All new construction and substantial improvements shall comply with the applicable standards in section 30.3.15. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision to replace an existing manufactured home, provided the anchoring, elevation, and encroachment standards in section 30.3.1$(A) and (8) are satisfied. B. Within Zone Al-30, AE orAH, floodway not designated. The following shall apply within any Zone Al-30, AE or AH where the floodway is not designated: 1. Encroachmentprohibited unless owner demonstrates cumulative increase in water surface elevation of the base flood will not exceed one foot. Any encroachment, including fill, new construction, substantial improvements, fencing crossing a stream channel, or other development, is prohibited unless the owner demonstrates in a floodplain impact plan that the cumulative effect of the proposed encroachment, when combined with all other existing and anticipated development, will not result in an increase in water surface elevation of the base flood by more than one foot within the county during the occurrence of the base flood discharge. 2. Encroachment which would increase the water surface elevation of the base flood by more than one foot maybe allowed with Conditional Letter of Map Revision. Any encroachment, including fill, new construction, substantial improvements, or other development, which would increase the water surface elevation of the base flood by more than one foot may be allowed provided that 9/15 7/18122, 9:42 PM Albemarle County, VA Code of Ordinances the owner first applies, with the floodplain administrator's endorsement, for a Conditional Letter of Map Revision as provided in section 30 3.10. and receives the approval of the Federal Emergency Management Agency. C. Within Zone A; floodway not designated and floodplain boundary approximated. The following shall apply within any Zone A where the floodway is not designated and the floodplain boundary is approximated, in order to determine the location of the floodway and the floodplain, and the elevation of the base flood: 1. Floodwayand base flood elevation. The base flood elevation and floodway shall be determined for the proposed development using information from federal, state, and other acceptable sources shall be used to determine the floodway and base flood elevation, when available. These sources shall include, but are not limited to, the United States Army Corps of Engineers Floodplain Information Reports and the United States Geological Survey Flood -Prone Quadrangles. If the base flood elevation cannot be determined using these sources of data, then the applicant for the proposed encroachment shall determine the base flood elevation, as follows: a. other sources. Base flood elevation data shall be obtained from other sources or developed using detailed methodologies, comparable to those contained in a Flood Insurance Study for subdivisions, site plans, and other proposed development proposals that exceed 50 lots or five acres, whichever is the lesser; or b. Hydrologic and hydraulic analyses. In his discretion, the floodplain administrator may require a floodplain impact plan. 2. Approximated floodplain. In the approximated floodplain, the applicant shall use technical methods that correctly reflect currently accepted non -detailed technical concepts, such as point on boundary, high water marks, detailed methodologies, or hydrologic and hydraulic analyses. Studies, analyses, computations, and other information shall be submitted to the floodplain administrator in sufficient detail to allow him to conduct a complete review of the analyses. In his discretion, the floodplain administrator may require the owner to submit a floodplain impact plan. D. Anyzone; additional information. The floodplain administrator may require a hydrologic and hydraulic analysis for any development. When the base flood elevation data is used, the lowest floor shall be elevated to or above the freeboard elevation. (§ 30.3,03.2 (part), 12-10-80, 6-10-87; § 30.3.13; Ord 14-18(1)-, 3-5-14) State Law reference— Va. Code §§ 15.2-2280 15.2-2286 . Federal law reference-44 CFR §§ 59.1, 60.3(b), (c), (d). Sec. 30.3.14- Encroachment standards; fill in the floodway fringe. Any fill in the floodway fringe authorized by special use permit under sertion 30.3.11 shall, in addition to any condition of approval of the special use permit and any applicable encroachment standard in section 30 3.13 be subject to the following: A. Minimize obstruction. The fill shall be designed and constructed to minimize obstruction to and effect upon the flow of water such that: (i) the fill will not, in the opinion of the floodplain administrator, result in any increase in the base flood elevation above that authorized in section 30-3.13: and (ii) no fill is placed in the regulatory floodway. B. protect against erosion. The fill shall be effectively protected against erosion by vegetative cover, riprap, gabions, bulkhead or another method acceptable to the floodplain administrator. Any structure, equipment or material installed to protect against erosion shall be firmly anchored to prevent dislocation due to flooding. C. Non-polluting. The fill shall be of a material that will not pollute surface water or groundwater. D. Additional information. The floodplain administrator may require any owner to submit additional topographic, engineering and other data or studies as the administrator deems necessary to determine the effect of flooding on a proposed structure or fill, the effect of the structure or fill, or both, on the flow of water during a flood. E. Certification by floodplain administrator. No fill activity shall occur before the owner submits a site plan for review, the floodplain administrator certifies that the requirements of subsections (A) through (D), and all other applicable requirements of the Code, have been satisfied. (§§ 30.3.06, 30.3.06.1, 12-10-80; § 30.3.14; Ord 14-18(1)_, 3-5-14) State Law reference— Va. Code §§ 15.2-2280 15.2-2286 . Federal law reference-44 CFR § 60.1(d). Sec. 30.3.15 - Construction standards. 10/15 7/18/22, 9:42 PM Albemarle County, VA Code of Ordinances The following standards shall apply to any structure authorized under section 30 3 11 within the flood hazard overlay district, and its special flood hazard area zones: A. Structures and related improvements in any special flood hazard area, -general standards. Any structures and related improvements in any special flood hazard area zone shall satisfy the following: 1. Compliance with building code and required anchoring. New construction and substantial improvements shall be according to the Virginia Uniform Statewide Building Code, and anchored to prevent flotation, collapse or lateral movement of the structure. 2. Use materials resistant to flood damage. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 3. Use methods to minimize flood damage. New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. 4. Design to prevent water entering systems. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located to prevent water from entering or accumulating within the components during conditions of flooding. 5. Design to prevent water entering water supply systems. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. 6. Design to prevent water entering sanitary sewage systems. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. 7. Design to prevent impairment or contamination of on -site waste disposal systems. On -site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. 8. Historic structures. Any historic structure undergoing repair or rehabilitation that would constitute a substantial improvement shall comply with any requirements of the flood hazard overlay district that do not preclude the structure's continued designation as a historic structure. The owner shall provide documentation from the Secretary of the Interior or the State Historic Preservation Officer that a specific requirement of the flood hazard overlay district will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places, as applicable. Any relief from any requirement shall be the minimum necessary to preserve the historic character and design of the structure. B. Buildings in Zones A, Al-30, AE, andAH; elevation and construction standards. Any buildings in Zones A, Al-30, AE, and AH, where base flood elevations have been provided in the Flood Insurance Study or generated by a certified professional, shall satisfy the following: 1. Existing residential building. Any substantial improvement of any residential building, including any manufactured home, shall have the lowest floor, including the basement, elevated to or above the freeboard elevation. 2. Non-residential buildings. Any new construction or substantial improvement of any non-residential building shall: (i) have the lowest floor, including basement, elevated to or above the freeboard elevation; or (ii) in any Zone Al-30, AE, or AH, the building may be flood - proofed in lieu of being elevated to or above the freeboard elevation, provided that all areas of the building components below the freeboard elevation are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. The certification, including the specific elevation, in relation to mean sea level, to which such structures are flood -proofed, shall be maintained by the floodplain administration. 3. Drainage paths. Within Zone AH, adequate drainage paths around structures on slopes shall be established and maintained to guide floodwaters around and away from all proposed structures. C. Buildings in Zone AO. Any buildings in Zone AO shall satisfy the following: 1. Existing residentia/building. Any substantial improvements of any residential building shall have the lowest floor, including the basement, elevated to or above the flood depth specified on the Flood Insurance Rate Map above the highest adjacent grade at least as high as the flood depth number specified in feet on the Flood Insurance Rate Map. If no flood depth number is specified, the lowest floor, including the basement, shall be elevated no less than two feet above the highest adjacent grade. 2. Non-residential buildings. All new construction and substantial improvements of non-residential buildings shall satisfy either of the following: (i) the lowest floor, including the basement, shall be elevated to or above the flood depth specified on the Flood Insurance Rate Map above the highest adjacent grade at least as high as the depth number specified in feet on the Flood Insurance Rate Map; if no flood depth number is specified, the lowest floor, including the basement, shall be elevated at least two feet above the highest adjacent grade; or (ii) completely flood -proof the building, including any utility and sanitary facilities, to the freeboard elevation so that 11/15 7118/22 9:42 PM Albemarle County, VA Code of Ordinances any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Drainage paths. Adequate drainage paths around structures on slopes shall be established and maintained to guide floodwaters around and away from all proposed structures. D. Structures in Zones A, A7-30, AE, AH and AO; design, construction and use standards forspace below the freeboard elevation. Any fully enclosed area below the freeboard elevation (the "enclosed area") in any new construction or substantially improved structure in Zones A, Al-30, AE, AH and AO, where base flood elevations have been provided, shall satisfy the following: 1. Uses. The enclosed area shall be used only for parking vehicles, building access, or the limited storage of maintenance equipment not otherwise prohibited by section 30.3.11 that is used in connection with the premises. 2. Access. Access to the enclosed area shall be the minimum necessary to allow for parking vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to other areas of the structure (stairway or elevator). 3. Construction materials. The enclosed area shall be constructed entirely of flood resistant materials below the freeboard elevation. 4. Openings. The enclosed area shall include measures to automatically equalize hydrostatic flood forces on walls by allowing floodwaters to enter and exit. To meet this requirement, openings shall be provided that are either certified by a professional engineer or architect, or meet the following minimum design criteria: a. Minimum number. Provide a minimum of two openings on different sides of each enclosed area. b. Minimum net area. The total net area of all openings shall be at least one square inch for each square foot of enclosed area subject to flooding. c. Multiple enclosed areas. If a structure has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit. d. Bottom of opening. The bottom of all required openings shall be no higher than one foot above the adjacent grade. e. Permitted equipment on openings. Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions. f. Flexible skirting, masonry and wood foundations, requirement for openings. Foundation enclosures made of flexible skirting do not create enclosed areas and do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings. E. Recreational vehicles. Any recreational vehicle in Zone Al-30, AE or AH where base flood elevations have been provided shall either: (1) be stored on the lot for fewer than 180 consecutive days, be fully licensed and ready for highway use; or (ii) satisfy all requirements for new construction in subsections (A) and (6). For the purposes of this subsection, a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. F. Fences. Any fence crossing a stream channel that, as determined by the floodplain administrator, may block the passage of floodwaters or may catch debris during a flood, shall be designed and constructed to be a breakaway fence that will give way on one end under a specified amount of pressure in order to swing parallel to the flow and minimize both resistance to floodwaters and catching debris. G. Accessory Structures. Accessory structures in the floodplain shall comply with the non-residential structure requirements in section 30.3.15 or, if not elevated or dry flood -proofed, shall: 1. Not be used for human habitation; 2. Be limited to no more than 200 square feet in total floor area; 3. Be constructed with flood damage -resistant materials below the base flood elevation; 4. Be constructed and placed to offer the minimum resistance to the flow of floodwaters; 5. Be anchored to prevent flotation; 6. Have electrical service and mechanical equipment elevated to or above the base flood elevation; 7. Shall be provided with flood openings which shall meet the following criteria: a. There shall be a minimum of two flood openings on different sides of each enclosed area; if a building has more than one enclosure below the lowest floor, each such enclosure shall have flood openings on exterior walls. b. The total net area of all flood openings shall be at least one square inch for each square foot of enclosed area (non -engineered flood openings), or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional 12/15 7/18/22, 9:42 PM Albemarle County, VA Code of Ordinances engineer to automatically allow entry and exit of floodwaters; the certification requirement may be satisfied by an individual certification or an Evaluation Report issued by the ICC Evaluation Service, Inc. c. The bottom of each flood opening shall be one foot or less above the higher of the interior floor or grade, or the exterior grade, immediately below the opening. d. Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area. (§ 30.3.03.02 (part), 12-10-80, 6-10-87; § 30.3.15; Ord, 14-18(1), 3-5-14; Ord. 17-18(4)_ 8-9-17) State Law reference— Va. Code §§ 15.2-2286. 36-98. Federal law reference-44 CFR §§ 60.3(a), (b), (c), (d). Sec. 30.3,16 - Nonconforming uses and structures. Any pre -FIRM structure or any use which lawfully existed before December 16, 1980, but which is not in conformity with the requirements of the flood hazard overlay district, may continue, subject to the following: A. Expansion or enlargement of existing uses orstructures. Existing uses or structures shall not be expanded or enlarged. B. Modification, alteration, repair, reconstruction or improvement of an existing use or structure; not a substantial improvement. Existing uses or structures may be modified, altered, repaired, reconstructed or improved (collectively, the "improvements"), but not enlarged or expanded, where the improvements are not a substantial improvement, provided that the improvements: (i) are authorized by sections and-U, as applicable; and (ii) comply with the Virginia Uniform Statewide Building Code. C. Modification, alteration, repair, reconstruction or improvement of an existing use orstructure; substantial improvement. Existing uses or structures may be modified, altered, repaired, reconstructed or improved (the "improvements"), where the improvements qualify as a substantial improvement, provided that: (i) the entire use or structure complies with the requirements of the flood hazard overlay district and all other applicable laws; and (ii) the entire structure complies with the Virginia Uniform Statewide Building Code. D. Repair or rehabilitation of historic structure; substantial improvement. Any historic structure undergoing repair or rehabilitation that would constitute a substantial improvement shall comply with any requirements of the flood hazard overlay district that do not preclude the structure's continued designation as a historic structure. The owner shall provide documentation from the Secretary of the Interior or the State Historic Preservation Officer that a specific requirement of the flood hazard overlay district will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places, as applicable. Any relief from any requirement shall be the minimum necessary to preserve the historic character and design of the structure. (§ 30.3.09, 12-10-80; § 30.3.16; Ord. 14-18(1)„ 3-5-14) State Law reference— Va. Code §§ 15.2-2286. 15.2-2307. Federal law.reference-44 CFR § 60.1(d). Sec. 30.3.17 -Variances. The board of zoning appeals is authorized to consider and act on applications for variances, subject to the following: A. ElYgibility. Variances may be issued in the following circumstances: 1. New construction orsubstantial improvements,, nearby structures constructed below the base flood elevation. For new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, provided that the board of zoning appeals may, upon good cause shown, consider a variance application pertaining to a lot larger than one-half acre. 2. New construction, substantial improvement, or development required for water -dependent facilities. For new construction, substantial improvements, or other development necessary for a water -dependent facility, not otherwise authorized by a special use permit, provided that all applicable requirements of the flood hazard overlay district not varied are satisfied and any structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. B. What maybe varied. The following maybe varied within the flood hazard overlay district: (i) any requirement of this chapter that is eligible to be varied under section 34.2 and Virginia Code § 15.2-2309: (ii) any minimum encroachment standard in sections 30.3.13 and 30.3.14: 13/15 7/18122, 9:42 PM Albemarle County, VA Code of Ordinances (iii) any minimum construction standard in section 30 3 15: or (iv) any standard applicable to nonconforming uses and structures in3Q3.1_6. Neither any part of section 30.3.11 nor any administrative or procedural requirement of the flood hazard overlay district may be varied. C. Procedures. The procedures and requirements for applying for and acting on a variance application shall be as provided in section 34. D. Factors to be considered. In considering a variance application under this section, the board of zoning appeals shall consider the following factors in addition to those in section 34.2: 1. Danger to life and property. The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any regulatory floodway that will cause any increase in the base flood elevation. 2. Danger of materials being swept away. The danger that materials maybe swept onto other lands or downstream to the injury of others. 3. Water supply and sewage systems. The proposed water supply and sanitary sewage systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. 4. Susceptibility to flood damage. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. 5. Importance of services. The importance of the services provided by the proposed facility to the community. 6. Need for waterfront location. The requirements of the facility for a waterfront location. 7. Availability ofa/ternative locations. The availability of alternative locations not subject to flooding for the proposed use. 8. Compatibility. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9. Comprehensive plan and flood management program. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. 10. Vehicular access. The safety of access by emergency and non -emergency vehicles to the site in time of flood. 11. Flood waters. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 12. Historic nature of structure. The historic nature of a structure and whether the proposed repair or rehabilitation will preclude the structure's continued designation as a historic structure. 13. Accessory structures. Accessory structures within the floodplain that are greater than 200 square feet but not greater than 600 square feet and do not meet all of the requirements for non-residential structures in section 30.3.15 must secure a variance before a permit is issued. The structure must comply with the accessory structure criteria in section 30.3.15. No variance shall be granted for an accessory structure exceeding 600 square feet. Referral to obtain technical assistance. The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to the floodplain administrator for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters. F. Findings. A variance maybe issued if the board of zoning appeals finds: 1. Cause. The owner has demonstrated good and sufficient cause consistent with the requirements of this section. 2. Undue hardship. The failure to issue the variance would result in undue hardship. 3. Impacts. The issuance of the variance will not:(!) result in unacceptable or prohibited increases in flood heights; (ii) result in additional threats to public safety; (iii) result in extraordinary public expense; (iv) create a public or private nuisance; (v) cause fraud or victimization of the public; and (vi) conflict with county regulations. 4. Variance is minimum required. The variance to be issued will be the minimum required to provide relief. 5. Additional finding for historic structures. In addition to findings (1) through (4) above, the proposed repair or rehabilitation of the historic structure will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. G. Structure below base flood elevation; notice to owner of effect of issuing a variance. The board of zoning appeals shall notify the applicant in writing that the issuance of a variance to construct a structure below the base flood elevation increases the risks to life and property and will result in increased premium rates for flood insurance. Providing this information on a variance application form shall satisfy the notice requirements of this subsection. H. Recordkeeping. A record shall be maintained of the above notification, as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. 14/15 7/18/22. 9:42 PM Albemarle County, VA Code of Ordinances I. Use variances. No variance may be issued to authorize a use in the Flood hazard overlay district not otherwise expressly authorized. (§ 30.3.10, 12-10-80; § 30.3.17; Ord. 14-18(1 L 3-5-14; Ord. 17-18(4),, 8-9-17) State Law reference— Va. Code § 15.2-2309 . Federal law reference-44 CFR § 60.6. 15115 Location May Attachment E �,r��Nt�r.• F FAX (434) 972-4126 COUNTY OF ALBEMARLE Community Development Department 401 McIntire Road Charlottesville, Virginia 22902-4596 TELEPHONE (434) 296-5832 TTD (434) 972-4012 NOTICE OF OFFICIAL DETERMINATION OF VIOLATION The Date this Notice of Determination is given is October 28 2014 ZVI0201400149 CERTIFIED MAIL 4 917199 9991 7030 7754 5251 CERTIFIED MAIL 4 917199 9991 7030 7754 5268 Falls, John Harvey or Virginia S. 801 Franklin St. Charlottesville, VA 22902 Property: 07700-00-00-021AO Zoning: Light Industry [LI] District Attention Property Owner: Falls, John Harvey or Virginia S. P.O. Box 33 Afton, VA 22920 Falls, John Harvey or Virginia S. Owner of Record This notice is to inform you that the above -described Property is in violation of the Albemarle County Code. This conclusion is based on the following observations of the above -described Property by a Code Enforcement Officer on September 18, 2014; 1. Trash, liter, refuse, waste, and/or other miscellaneous "junk" stored on property. 2. Multiple shipping/storage containers stored on property. 3. Inoperable vehicles stored on property Because these uses of the Property or structure(s) did not pre-exist the applicable Zoning Ordinances, they cannot be considered legal but non -conforming uses or structures. Accordingly, the following sections of Albemarle County Code have been violated: 1. Albemarle County Code § 13-302 Accumulation, storage and removal of refuse on private property. 2. Albemarle County Code § 18-26.2 Permitted primary and accessory uses and structures; prohibited uses and structures. (In Industrial Districts) 3. Albemarle County Code § 9-500 Keeping of inoperable vehicles; removal. These violations of the County Code are unlawful, and may be subject to civil penalties, criminal penalties, injunctive relief and/or other remedies, pursuant to Albemarle County Code § 18-36. ZVIO2014-149 Page 2 October 28, 2014 This letter also serves to notify you to stop the activity or use outlined above immediately. Failure to comply with this notice may result in legal action being taken against you and any other owner, tenant or other responsible party. In addition, you must bring the property into compliance by November 28, 2014 to avoid court action. Future compliance past this date does not preclude the County from pursuing legal action for existing or past violations. If you are aggrieved by this determination, you have a right to appeal it within ten (30) days of this notice, in accordance with Yirginia Code § 15.2-2311; provided, however, that a ten (10) day appeal period applies to appeals of decisions pertaining to temporary or seasonal commercial uses, and such appeals shall be filed within ten (10) days after this decision. If you do not file a timely appeal, this determination shall be final and unappealable. This provision applies only to violations of Chapter 18 of Albemarle County Code, otherwise referred to as the "Zoning Ordinance". 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/cdUpss. 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.org/countvcodebza. If you have any questions, please contact Andrew Kellerman, Code Enforcement Officer, at 434-296-5832 ext. 3415. Amelia G. McCulley, ..C.P. Zoning Administrator County of Albemarle COUNTY OF ALBEMARLE Community Development Department 401 McIntire Road, 1" Floor —North Wing Charlottesville, Virginia 22902-4596 FAX (434) 972-4126 TELEPIiONE (434) 296-5832 TTD (434) 972-4012 WHAT HAPPENS AFTER THE NOTICE OF VIOLATION: The County's goal is voluntary compliance. If you come into compliance by the deadline cited in your letter, no further action will be taken against you. However, if you do not come into compliance and/or make significant progress, towards compliance within either thirty (30) days or the deadline cited in the letter (whichever is longer), the County may proceed a warrant in debt action in Albemarle County General District Court seeking civil penalties. The warrant in debt will be served by the Sheriff's Department. Depending on the nature of the zoning violation cited, the first civil penalty will be $200. Each civil penalty that follows is $500. The County may issue a civil penalty once every ten (10) days until the property comes into compliance. Within three months, it is possible that a property in violation could be fined as much as $4,200. Paying the civil penalties does not allow the zoning violation to continue. The County may continue seeking civil penalties as often as every 10 days until the property comes into compliance with the Zoning Ordinance. Created on 4/202006 AUTHENTICATION OF RECORD/ CERTIFICATE OF MAILING (Code of Virginia § 8.01-390) (Notice of Official Determination of Violation) I, Andrew Kellerman, hereby certify: 1. that I am a Code Enforcement Officer and an employee of the Albemarle County Department of Community Development; 2. that on October 28, 2014, I mailed a true copy of the record attached hereto, consisting of a Notice of Official Determination of Violation dated October 28, 2014 pertaining to that property identified as Parcel ID Number 07700-00-00-021A0, to the recipient(s) identified thereon at the address(es) specified thereon; and 3. that the copy of such record which is attached hereto is a true copy of the record that was mailed. Dated: Signed,/, 4-10' COMMONWEALTH OF VIRGINIA COUNTY OF ALBEMARLE: The foregoing Authentication of Record/Certificate of Mailing was signed, sworn to and acknowledged before me by Andrew Kellerman, Albemarle County Code Enforcement Officer, this 28th day of October, 2014. 1 U Notary Public My Commission Expires: 10 .3 1. 1 FJ Notary Registration No. 1 rDnen i MARGIE K. COLLINS NOTARY PUBLIC R EG ISTRATI ON i 100901 COMMONWEALTH OF VIRGINIA MY COMpbI5 �)IRES FOR OFFICE USE ONLY AP # _ SIGN # ZONING ORDINANCE SECTION: Fee Amount$ Date Paid __By who? R,wria Ck# By: Application for o t)a F Appeal of Zoning Administrator's Determination m Appeal of Zoning Administrator's Determination = $295.36 Application $284 + Technology surcharge $11.36 ❑ Initial notice fee to be provided in conjunction with an application, for preparing and mailing notices and published notice = $448 FEES for re -advertisement and notification of public hearing after advertisement of a public hearing and a deferral is made at the applicant's reauest ➢ Preparing and mailing or delivering each notice after fifty (50) $237 ➢ Preparing and mailing or delivering each notice after fifty (50) $1.19 for each additional notice + actual cost of first-class osta e ➢ Published notice (published twice in the newspaper for each public Actual cost based on a cost quote from the publisher hearing)avers es between $150 and $250 Contact Person (Who should we call/write concerning this project?): Steven W. Blaine, Address 123 East Main Street. 5th Floor Daytime Phone ( 434) 220.6831 Owner of Record Mr. John Harvey Falls Address P.O. Box 33 City Charlottesville state VA Zip 22902 Fax#(434) 260.8270 E-mail sblaine@woodsrogers.com Daytime Phone (540) 466.8154 Fax # (_) City Afton E-mail State VA Zip 22920 Applicant ( Who is the Contact person representing?): Allied Portables, LLC (Allied Portable Toilets) Address P.O. Box 939 Daytime Phone (804) 658.5548 Fax # (__) City Crozet State VA Zip 22932 E-mail lepley@rivercitycorp. com County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Appeal Application Revised 7/1/2021 Page 1 of Project Name: 801 Franklin Street Tax map and parcel: 07700-00-00-021AO Physical Street Address (if assigned): 801 Franklin Street Charlottesville VA Zoning: Light Industrial (LI); Flood Hazard District Location of property (landmarks, intersections, or other): Immediately adjacent to the City boundary line; near Moore's Creek The following information shall be submitted with the application and is to be provided by the applicant: 1) Completed application including subject of appeal. 2) Justification for applicant's position, including error in Zoning Administrators determination. You may use the space below to provide this information or submit an attached sheet. 3) If applicable, a copy of the latest deed for the property involved, and the approved and recorded plat. 4) If applicable, the appropriate drawings showing all existing and proposed improvements on the property and any special conditions for the situation that may justify the appeal. 5) Reference to the relevant Zoning Ordinance section or other applicable regulations or case precedence to justify the appeal. 6) Appropriate fee made payable to the County of Albemarle. Explanation of error in determination and justification of applicant's position: Owner/Applicant Must Read and Sign I hereby certify that the information provided on this application and accompanying information is accurate, true and correct to the best of my knowledge and belief. 2,5 `ryfl22 *, Signature of Owner or Contract Purchaser, Ag nt Date 1 John Epley 804.658.5548 Print Name Daytime phone number of Signatory Board of Zoning Appeals Action/vote: Board of Zoning Appeals Chairman's signature: Date: Appeal Application Revised 7/1/2021 Page 2 of 2 APPEAL OF ZONING DETERMINATION VIO-2022-076 This is in support of the Applicant's Appeal of the Zoning Determination (VIO-2022-076), dated May 5, 2022. The Applicant is the owner of Allied Portable Toilets in Central Virginia and leases the property at 801 Franklin Street in Charlottesville from the owner, Mr. John Falls. The property is zoned Light Industrial (LI) and located on the line of the City of Charlottesville limits. Applicant stores portable toilets at the site which are leased on a short-term basis primarily for customers in the construction industry, but also for other commercial and recreation uses which require portable sanitation disposal. As an example, the County of Albemarle leases portable toilets from the Applicant for a variety of uses, as does the City of Charlottesville. The location is favorable because of its proximity to the RWSA solid waste disposal site. The portable toilets stored at the site do not contain any human waste and are without any fluid chemicals during storage. The Applicant began storing portable toilets at this site in 2017 and has never received a complaint until the May 5, 2022 Notice of Violation. 1. The Zoning Determination is erroneous because the Applicant's manner of use was a continuation of lawfully existing uses prior to and on April 2, 2014 and therefore is a lawful nonconforming use pursuant to Sec. 30.3.3 of the Albemarle County Code. The Zoning determination asserts that the storage of portable toilets violates the Flood Hazard Overlay District (FHOD) regulations. The Applicant concedes that the property is located within the FHOD. If not for the FHOD regulations however, the storage of portable toilets would be permitted as a matter of right in the underlying zoning district — I.J. The zoning determination does not assert that the use is unlawful under the LI District regulations — only those of the FHOD. Sec. 30.3.3 states that any use or development lawfully existing on April 2, 2014 shall be nonconforming to the extent that it is not in compliance with Sec. 30.3 (the FHOD regulations). The property has been used for the storage of equipment and materials, without discontinuance since well before April, 2014. The primary use of this property, since 1946 has been as a livestock auction and sales facility. The current owner, Mr. Falls has owned the property since 1980. During that period and prior to April, 2014 the property was also leased to a succession of construction orconstruction-related companies for equipment and materials storage —uses which did not interfere with the weekly livestock auctions. According to two of Mr. Falls' family members, during the period prior to April 2014, Summit Construction leased the property for equipment and storage. According to Mr. Fall's son, Mr. Palmer Putnam, Summit Construction leased the property up until the time that the Applicant took possession. Prior to Summit Construction, Slurry Pavers, Inc. leased the property for equipment and materials; and prior to Slurry Pavers, Baxley Materials Company did the same. A Google Earth photograph taken in April, 2013 is attached which depicts the site with equipment and trailers, as well as materials present. The Applicant's storage of portable toilets for use on construction sites as well as for customers with temporary sanitation needs is a continuance of a storage use that predates the effective date of the FHOD regulations. Based upon the facts present, the Zoning Determination is erroneous as the Applicant's use is a continuous, lawfully conforming use. 2. The Zoning Determination is erroneous because the Applicant's manner of use could be argued to be lawful as a matter of right under the FHOD. The FHOD regulations allow as a matter of right: 'Recreational uses including, but not limited to, parks, swimming areas, golf courses and driving ranges, picnic areas, wildlife and nature preserves, game farms, fish hatcheries, hunting, fishing and hiking areas, athletic fields, and horse show grounds." Virtually all of the permitted recreational uses listed, and that can be found throughout the County of Albemarle deploy portable toilets. The Applicant is a supplier to a number of such uses. If recreational uses located within the FHOD are not permitted to maintain portable toilets on site, (as a result of the logic of the Zoning Determination), then the operation and enjoyment of such uses will be severely, and negatively impacted. For the foregoing reasons, we respectfully request that the Zoning Determination be reversed. 11yn'� * T At v �i. \Art �► July 6, 2022 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: Appeal of Zoning Determination: VIO- 2022-076: TMP 07700-00-00-021A0 To whom it may concern: This letter is in support of the referenced application, dated May 25, 2022 and filed on behalf of Allied Portable Toilets, I have been the owner of the property at 801 Franklin Street in Charlottesville since 1980. Beginning In 1946, the property has supported the area of livestock industry and until recently, livestock auctions have been held here — at their peak on a weekly basis. The property has also supported local projects, having served as a storage yard for light construction equipment and materials. The local projects supported by this use have involved reputable companies such as Summit Construction, Slurry Pavers, and Boxley Materials. The use of the property for a storage yard has been on -going and without abandonment since before, and continuing after April, 2014. The current tenant, Allied maintains the property in a clean and ordered manner. The property has generated real estate taxes, paid to the County by me for over 40 years. Until this recent notice of violation, we have never had a complaint from the neighbors. I respectfully request that the Notice of Violation be reversed. Sincerely, Y �A John H. Falls, Owner ParcellD Owner County: 07700000002100 RIVANNA WATER & SEWER AUTHORITY 07700000002000 FRANKLIN STREET LAND TRUST III 077000000021AO FALLS, JOHN HARVEY OR VIRGINIA S 077000000038BO RIVANNA WATER AND SEWER AUTHORITY Allied Portable, LLC Steven W. Blaine, Esq. City: ParcelNumber OwnerName 610083100 FALLS, JOHN H & VIRGINIA S 610094B00 802 NASSAU, LLC 610079000 SHIMP, JUSTIN, TR FRANKLIN LID TR III 560092000 MOSES, TAMMIE L 560097000 TRACK VIEW, LLC OwnerAddress OwnerZip 695 MOORES CREEK LN CHARLOTTESVILLE VA, 22902 912 E HIGH STREET CHARLOTTESVILLE VA, 22902 P O BOX 33 AFTON VA, 22920 PO BOX 18 CHARLOTTESVILLE, VA P.O. Box 939 Crozet, VA 22932 123 East Main Street, 5th Floor Charlottesville, VA 22902 OwnerAddress POBOX 33 1500 AMHERST ST 912 E HIGH ST P O BOX 7078 1327 CARLTON AVE 560094200 THOMPSON, BARBARA, TR BRIGHT SKY LID T1121 FAITH DR 560094100 THOMPSON, BARBARA, TR BJH LAND TR 121 FAITH DR 610094000 802 NASSAU, LLC 1500 AMHERST ST 610094C00 WILSON, LEON 806 NASSAU ST 610094D00 DEAN, ANDREW P 808 NASSAU ST 610079150 CHAMBERS, ERNEST S, JR & APRIL B 812 NASSAU ST Adjoining Locality City of Charlottesville P.O. Box 911 18 listings - 1 duplicate = 17 notices AP2022-002 801 Franklin Street OwnerCityState OwnerZipCode AFTON VA 22920 CHARLOTTESVILLE VA 22903 CHARLOTTESVILLE VA 22902 CHARLOTTESVILLE VA 22906 CHARLOTTESVILLE VA 22902 TROY VA 22974 TROY VA 22974 CHARLOTTESVILLE VA 22903 CHARLOTTESVILLE VA 22902 CHARLOTTESVILLE VA 22902 CHARLOTTESVILLE VA 22902 Charlottesville, VA 22902 GIS Viewer Legend 'J., ! '�'' ' ♦� / l7. City Limits �'��'sr . .41 �o s e s I Of , o ! t i N J i W E i j i Title: AP2022-002 City APO Map Date: 6/17/2022 Feet DISCLAIMER:The City makes no warranties, expressed or implied, conceming the accuracy, completeness or suitability ofthu data, and it should not be construed or used as a ^yoTPeap legal description. The information displayed is a compilation ofrecords, information and data obtatnedfrom various sources. and the City is out resporrsible for it's accuracy or aL�F 0 tee 200 300 400 how nrrent tt may 6e. Every reasonable e,((ort is made to ensure diet. he accuacy andcomp(etimes; ofthe data. Pursuant to Section 54.1 -402 of the Code of Virginia, any determimtion oftopography or contours. or ury depiction of physical improvemmis. proppeerty lines or boundaries is forgenera! information only and shall mot be usedfor the �'. m design, modification or consuuction ofimprovemuas to real property or forJloodp(atn determimtion. AP2022-002 801 Franklin Street APO Map - Count 77-40B1 Legend (Note: Same items on map may nM appear In sperm) Parcel Info ❑ Parcels 77-40 77-40B2 1 -f i 77-21 s` J 77-21A .r f' Mo 1 r 77-38 B 77-20 r ! i 1 � r r 376 ft i ,0 77-20A\ '� 1 hic Datb eGIS V ast orygls 3 5 ce mpnaoad seniat A NrP (03!)2WM32 My demarmnabon dtopagmphy or contours, or any JeplNon a ph,,icallmpromments, property foes mr NUMarles La tar general lnfannabon orgy and shall not Ise used for the design, modificationor onstU6onof Mprove stamalpmpertyorfor POMplaln&telmination. June 17,2M Map elements may stale larger than GIS data MeaswM in the map or as pmvldM on the time doembM page due M Me pMedim used. Map Pmfetllon: KGS80 NRb Maptor (MAMry Sphere) (EPSG 3857)