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1980-12-10December 10, 1980 (Day Meeting) A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on December 10, 1980, at 9:00 A.M. in the Board Room of the Albemarle County Office Building, Charlottesville, Virginia. BOARD MEMBERS PRESENT: Messrs. Gerald E. Fisher, J. T. Henley, Jr., F. Anthony Iachetta (arrived at 2:10 P.M.), C. Timothy Linds~rom (arrived at 9:45 A.M.), Layton R. McCann and Miss Ellen V. Nash. OFFICERS PRESENT: Messrs. Guy B. Agnor., Jr., County Executive; Robert W. Tucker, Jr., Director of Planning; and George R. St. John, County Attorney. Agenda Item No. 1. Call to Order. t~e Chairman, Gerald E. Fisher. The meeting was called to order at 9:10 A.M., by Agenda-I~em No. 2. Approval of Minutes: March 5, 1980 (Night). Mr. Fisher said these minutes were assigned to Mr. Lindstrom, and would therefore have to be carried over. Agenda Item No. 3A. Request for Abandonment and Additions to Route 729. Mr. Agnor noted receipt of a letter dated November 14, 1980 from Mr. W. B. Coburn, Jr., Assistant Resident Engineer of the V~rginia Department of Highways and Transportation, requesting changes to Route 729. Mr. Dan Roosevelt, Resident Engineer of the Virginia Department of Highways and Transportation, was present, and said this is standard procedure following construction where road alignment must be moved. This is an old prescriptive right-of-way and action to abandon will return that right-of-way to the adjacent owners. Mr. Fisher asked if this affected any property owners in the area. Mr. Roosevelt said no property owners were adversely affected by this change. Motion was then offered by Miss Nash, seconded by Mr. Henley, to adopt the following resolution: WHEREAS, certain changes have resulted in the Secondary System due to relocation and construc$ion on Route 729; and WHEREAS, it has be~n determined that no public hearing will be neces- sary in this instance due to the fact that property owners inwolved have access to the new locations and/or own the property on both sides of the location. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albe- marle County, Virginia, that the following additions and abandonments be and they are hereby approved, each section listed being indicated on sketch presented to this meeting and made a part of the Board's permanent file: Section 1: Section 2: Section 3.: Section 4: Section 5: Section 6: Section 7: 0.08 Mile shown in blue to be abandoned 0.08 Mile shown in red to be added to the Secondary System. 0.20 Mile shown in blue to be abandoned. 0.07 Mile shown in red to be added to the Secondary System. 0.09 Mile shown in blue to be abandoned. 0.10 Mile shown in blue to be abandoned. 0.10 Mile shown in red to be added to the Secondary system. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Virginia Department of Highways and Transportation. Roll was then called and the motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Henley,.McCann and Miss Nash. None. Messrs. Iachetta and Lindstrom. Agenda Item No. 3B. Take road into State Secondary System. Mr. Agnor reported that this item can be deleted, as the request did not have the proper information for presen- tation today. Agenda Item No. 3C. Letters from Highway Department. Mr. Agnor noted receipt of the following two letters from the Department of Highways and Transportation, .and no~ed that they are for the Board's information only: "November 28, 1980 As requested in your resolution dated January 9, 1980, the following addition to the Secondary System of Albemarle County is hereby approved, effective December 1, 1980. ADDITION THE MEADOWS SUBDIVISION LENGTH Meadows Lane - From: To: Route 240; End 0f'Cul-de-sac. 0.12 Mi." December 10, 1980 (Day Meeting) "November 14, 1980 County of Albemarle Charlottesville, Virginia This is to advise that Terrybrook Drive has performed satisfactorily for a period of one year since its acceptance into the State Secondary Road System. The letter dated November 8, 1979 from the Clerk of the Board of Supervisors can now be released from the condition set forth by the Depart- ment. If you should have any further questions, please advise. Very truly yours, (signed) J. H. Kesterson, Inspector A" Agenda Item No. 3D. Appoint Road Viewers. Miss Lettie E. Neher, Clerk, reported that there are not enough road viewers appointed to fulfill the requirements set out in the State Code. Miss Neher noted that the appointee nominated by Miss Nash has not responded as to whether or not he will serve. Miss Nash said she would contact Mr. Charles Bernard Brown and let Miss Neher know his response. Mr. McCann said he would have to talk to a few people and then come back to the Board with a recommendation. Mr. Henley said he thought the Road Viewers Board was completely filled, but would try to locate a nominee. Mr. Fisher suggested this item be placed back on the agenda at a later time. Agenda Item No. 3E. Quitclaim Deed - Parcel on Summit Road. Mr. Agnor summarized the following memorandum from Miss Lettie E. Neher, Clerk, to the members of the Board of Supervisors: "In August 1978 the Board adopted a resolution to abandon a portion of Summit Road as a state road and said they would consider at a future date a resolution conveying the abandoned portion ~f the road to the adjoining property owners. Mrs. Hamilton, who initiated the request for abandonment, sold her property to Mr. & Mrs. An. On December 13, 1978, the Board signed a quitclaim deed for 1/2 of the abandoned strip to be returned to Mrs. Hamilton's parcel. Since that time, Mr. Quasenbarth, the other affected property owner, has sold his property to Mr. and Mrs. Douglas. This quitclaim deed is for the other 1/2 of'the abandoned roadway. The Deed was drafted by Mr. Gary McGee as attorney for the Douglas' and was sent to me by Mr. St. John." Mr. Fisher asked if thi~ document had been examined by the County Attorney's Office. Mr. Agnor said the County Attorney has reviewed the document and Mr. St. John stated his approval for the Chairman's signature of the document as follows: THIS QUITCLAIM DEED made this 10th day of December, 1980, by and between THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, the governing body of a political subdivision of the Commonwealth of Virginia, of the first part; and WILLIAM JACKSON DOUGLAS and DINAH McGUIRE DOUGLAS, husband and wife, of the second part, whose mailing address is 2304 Summit Road, Charlottesville, Virginia, ' WITNESSETH : WHEREAS, by plat of record in the office of the Clerk of the Circuit Court of Albemarle County, a certain parcel of land was dedicated to public use, such parcel being designated Summit Road, such dedication having been accepted and the said road having been accepted for maintenance by the Virginia Department of Highways and Transportation; and WHEREAS, it has become apparent to the party of the first part, that in spite of such dedication and acceptance a portion of the said road has never been constructed between the intersection of West Park Drive (State Route 1406) and GeorgetownRoad (State Route 656); and WHEREAS, on August 9, 1978, the Board of Supervisors of Albemarle County, pursuant to Section 33.1-151, did abandon same as a public road, such abandonment being consistent with the public health, safety and general welfare; NOW THEREFORE, for and in consideration of ONE ($1.00) DOLLAR and other good and valuable consideration, receipt of which is hereby acknow- ledged, the party of the first part does hereby GRANT, DEMISE AND QUITCLAIM unto the parties of the second part, as tenants by the entireties with full rights of survivorship as at common law and not as tenants in common, all that certain lot or parcel of land, lying in Albemarle County, Virginia, consisting of approximately 2000 square feet being the northerly half of the former extension of Summit Road, as shown on a plat prepared by the office of the County Engineer, dated September 29, 1978, which is recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 661, page 650~ The parcel hereinabove described is adjacent on the North to Lot 1, Block C of Knollwood Subdivision as shown on a subdivision plat of record in the office of the said Clerk in Deed Book 272, page 8. It is the intent of the parties that the'said parcel be joined to and become an integral part of the said Lot 1, which intent is evidenced by the execution and acceptance hereof on behalf of the parties, respectively. December 10, 1980 (Day Meeting) 458 IN WITNESS WHEREOF, the Board of Supervisors of Albemarle County has caused its name and seal to be affixed hereto by its Chairman and its Clerk, respectively. Motion was offered by Mr. McCann, seconded by Miss Nash, authorizing the Chairman to sign the Quitclaim Deed as pre~ented. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Henley, McCann and Miss Nash. None. Messrs. Iachetta and Lindstrom. Agenda Item No. 3F. Other Highway Matters. Mr. Henley requested that the Highway Department fix a large hole in the road in front of Morton Frozen Foods on the eastern shoulder. He said it was there a few weeks ago, and did not know if it had already been fixed. Miss Nash said in reference to a claim by Mr. Peter Gant that salt from a nearby Virginia Department of Highways and Transportation storage center had killed several trees on his property, this matter is being taken up by Mr. Bernard P Chamberlain, attorney representing Mr. Gant. Mr. Fisher asked if anything was being done about placing a guard rail along the road on Route 250 to keep cars from going into the large hole spoken about last month. Mr. Roosevelt said the site was observed and he felt it was no worse than many other similar sites throughout the County. He said reflectors had been placed along the edge of the road to help warn motorists of the location of the shoulder. Mr. Fisher said this par- ticular dropoff seemed more dangerous than most of the others, because of its close location to the entrance of Henley school. Agenda Item No. 4. Request for SubdiMision Name Sign - Jefferson Village. Mr. Agnor noted receipt of a letter dated December 1, 1980 from Mr. James M. McGee, President of the Jefferson Village Community Association, requesting one subdivision name sign to identify Jefferson Village Subdivision at its main entrance. The letter indicated that the Com- munity Association would purchase the sign, which would then become the property of the State to install and maintain. Mr. Roosevelt said although it is not a street sign the Highway Department will accept responsibility for it. Miss Nash asked the size of the proposed sign. Mr. Roosevelt said approximately 15" x 30". Motion was then offered by Mr. McCann, seconded by Mr. Henley to adopt the following resolution: WHEREAS request has been received for subdivision sign to identify Jef- ferson Village on the south side of State Route 649 (Proffit Road) near the entrance to State Route 830 (Colonial Drive) approaching the subdivision from U.S. 29 North; and WHEREAS the Jefferson Village Community Association has agreed to purchase this sign through the Office of the County Executive and to con- form to standards set by the State Department of Highways and Transporta- tion: NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albe- marle County, Virginia, that the Virginia Department of Highways and Transportation be and the same is hereby requested to install and maintain the above mentioned subdivision sign. Roll was called and the motion was carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Henley~ McCann and Miss Nash. None. Messrs. Iachetta and Lindstrom. Agenda Item No. 5. Request from Kenneth Diepold - Jarman Gap Estates. Present were Messrs. John C. Temple and James Campbell, residents of Jarman Gap Estates. They referred to a letter written to the Board of Supervisors dated November 10, 1980, as follows: "We the homeowners in Jar~an, Gap Estates, Section II, are requesting that $7,000.00 surety bond money be held in escrow until construction of all eight homes on the eight lots sharing the common, private drive are com- pleted. It is our feeling completing the road now or in the near future would result in destruction by heavy equipment once construction resumes. We would like to attend your next meeting to address the situation, and we hope you can schedule this request onto your next agenda. Please advise us the date of your next meeting when this matter can be discussed. (signed) Kenneth J. Diepold John C. Temple James Campbell" December 10, 1980 (Day Meeting) Mr. Temple said at present there are only three homes completed on this particular road in this subdivision, four homes are 75% complete, vacant lots remain, and the road is presently graveled only. He said the the builder has gone bankrupt and the property goes up for sale in January. The homeowners are concerned that if the rest of the lots are built on, the road will be torn up and the $7,000 being held as surety by the County will not be applied to completion of the road. Mr. Agnor said the bond has already been cashed by the County, and is being held until the weather permits completion of the road. Mr. St. John said if the Court orders that the $7,000 be used for payment of general bankrupcy debts, such an order can only be appealed by the County. Mr. Templeton asked if the County could release some of the funds now just to spread a new layer of gravel on the road. Mr. Fisher said the money could only be used for maintenance and construction. Mr. Campbell stated he hoped the County could hold off completion of the road until the remainder of the houses on this road are completed in order to reduce excessive wear on the road by heavy machinery. Mr. Templeton said the homeowners know that when the road is completed, it is their responsibility to maintain the road (road is private). Mr. Agnor said a time limit on construction is due to inflation, that road construction costs increase daily, and it is the intention of the County to complete the road as soon as the weather permits. Mr. St. John said if the uncompleted homes and empty lots remain under the control of the present developer, there will be no more housing construction so the completed road will suffer no damage. If the uncompleted development is sold and re- capitalized, and during construction of the remaining homes the road is damaged, then the new developer should have the funds to repair the road back to its original condition. Mr. Fisher said there was nothing more the Board could do regarding this matter today, and that if Mr. Temple and Mr. Campbell wished, they could meet with Mr. J. Ashley Williams or other staff members for possible further options. Agenda Item No. 6. Residential Treatment Center Site Plan (drafted by B. Aubrey Huffman and Associated, Ltd., dated October 21, 1980.) (This item was on the agenda because of Condition No. 7 imposed on a special permit for Wellagain on October 15.) ~Mr. Tucker said Mr. Frederick Russell, attorney for the applicant is not present, and the applicant has requested a brief postponement. Mr. Fisher said the agenda for today's meeting is extremely full, and that it would be impossible to defer this discussion to later in the day. Mr. Tucker read the planning staff report: Location: Portion of Parcel 46A, Tax Map 76, Scottsville District; located on the east side of .Ro~te~ ~$~0, nor~th of~'R~te 631 and south of 1-64, and across from the Sherwood Manor Development. Acreage: 6.6205 acres. Zoning: B-i, Business History: The Board of Supervisors approved SP-80-60 to locate the resi- dential care center on October 15, 1980. Proposal: To locate the 80 bed residential care center on the 6+ acre parcel. Topography of Area: Gently to moderately rolling. Condition of Roads Serving Proposal: This section of Route 780 carries 1,549 vehicle trips per day and is listed as non-tolerable. Soils: The Soil Conservation Service reports that the soils on the site are deep and well drained with bedrock deeper than 60 inches. Comprehensive Plan Recommendation: Urban Area/NeighborhOod Five recom- mended for iow density residential (1-4 units per acre). Type Utilities: Public water is currently available and public sewer will be available in approximately one year. Staff Comment: The Service Authority reports that the fire flow in this area is estimated to exceed 2000 gpm. Staff feels the landscaping shown is adequate with the exception of the area on the northern side of the parking lot. (The landscape plan has been amended to include additional landscaping.) Staff has received a letter from the Sherwood Manor Homeowners' Association stating several concerns including the proposed drainage facilities, landscaping, traffic, and visual impacts. The Association has requested that the plan be deferred so that more time can be made available for review of these concerns. In its approval of the special permit application, the Board of Supervisors required that the site plan be brought to them for review of road improvements, visual barriers, 100 foot setback, new and old road alignment, main entrance location, and on-site parking location. The site plan will meet the requirements of Article 17 of the Zoning Ordinance and Staff recommends approval with the following conditions: 1. A building permit will be issued when the following conditions have been met: a. Albemarle County Service Authority approval of water and sewer plans; b, Fire Official approval of hydrant locations and provisions for the handicapped; c. Virginia Department of Highways and Transportation approval of commer6ial entrance; December 10 1980 (Da~ Meeting) ¸2. d. Note the relocation of Route 631 on the plan; e. Compliance with the Stormwater Detention requirements; f. Compliance with the Stormwater Detention requirements; g. County Engineer approval of storm drainage system, pavement specifications and curbing (including retaining wall); h. Note additional landscaping along the northern side of the parking lot; A certificate of occupancy will be issued when the following condition haS been met: a. Dedication on Routes 631 and 780 shall be a¢comPliahed by separate deed or plat. Mr. Tucker noted that the ?Zanning Commission, on November 18, 1980, approved this site plan with the conditions recommended by the staff, but added condition 1 (i) reading: Ii. Take note that Commission is not approving the sign or its location at this time: Mr. Tucker said this site plan is being reviewed because of Condition #7 imposed on the special use permit. That condition reads: "Site plan be reviewed by the Board o£ Supervisors showing road improvements, visual barriers, 100 foot setback, new and old road alignment, main entrance location and on-site parking location." Ail of these items have~ been shown on t~e plan. ~ Miss Nash noted the concern of the Sherwood Manor residents about the location of the entrance for this facility. Miss Nash added that there is already a bad traffic situation and will probably be made worse by the chosen location for this facility. Mr. Tucker said there is a stream on the property which makes it impossible for the entrance to be located further north. (Mr. Lindstrom arrived at 9:45 A.M.) Mr. Dan Roosevelt said it is his opinion that regardless of the location on the site, the traffic generated from the site will not require a right or left turn lane, just a commercial entrance. Mr. Roosevelt said it would be better to have the entranc~to this property aligned with the entrance to Sherwood Manor across the street, but he did not see any major problems with the entrances being offset by i00 feet or more, as long as the traffic generated by this facility is minimal. Miss Nash asked for time for the public to comment on this site plan. Mr. Fisher said a brief time could be given both to'the applicant and to anyone else wishing to speak. First to speak was Mr. John Dezio representing the Sherwood Manor Homeowners Association. Mr. Dezio first noted that the landscaping indicated by the developer will be ineffective in blocking the view of the facility. He noted that the H.O.A. is con-' cerned about drainage from the property, and that no plans for drainage have yet been submitted. He finally noted that the developer had made no effort to meet with the Sherwood Manor Homeowners Association to review the plans. Mr. George Kester of Sherwood Manor said there is a potentially dangerous traffic problem at the entrance and along the road, especially at peak travel periods such as 8:00 A.M. and 5:00 P~M. Mr. Thomas Wyant, representing the applicant, said that there would only be indirect lighting used in the parking area, and that the outdoor recreation facilities would not be lit at night. Miss Nash said she felt this matter has been quickly gone over, and that the home- owners in the area have not had sufficient time to review the plans presented. -Miss Nash then offered motion to defer a decision on this matter until such time as the homeowners in the neighborhood have had an opportUnity to review the plans as presented. Miss Nash added that it was her opinion that the road entrance~should be opposite the entrance to Sherwood Manor possibly with a traffic signal; also that possibly the parking and recrea- tion area could be relocated since the proposed buffer seems to be ineffective. Mr. Fisher asked if the plans presented for approval today are on record in the Planning Department office. Mr. Tucker said this is the same plan approved by the Planning Commission on November 18, 1980, and that the plans have been available for review by the public since that date. The motion was seconded by Mr. Lindstrom. Mr. Fisher asked the applicant if a deferral would cause any hardship to the project. Mr. Fred Russell said it would definitely cause a delay in the project as well as a financial hardship. Mr. McCann said he was not in favor of a delay of the project. Mr. Fisher said he realized there has been opposition to this plan, but believed there has been sufficient opportunity to review the plans, and that the applicant has complied with the conditions as set, and he could not support a deferral. There being no further discussion, roll was called, and the motion to defer failed by the following recorded vote: AYES: Miss Nash NAYS: Messrs. Fisher, Henley, Lindstrom and McCann. ABSENT: Dr. Iachetta. Mr. Fisher said to clarify the record, since this was required as part of the special permit to come before the Board of Supervisors for review, that there should be a positive action by the Board. Motion was offered by Mr. Henley, seconded by Mr. McCann, stating that a review of this site plan has been held, and that it is in conformance wi'th the special permit. Mr. Lindstrom said he did not support the original application, but felt the applicant has complied with all conditions placed on the special permit and the site plan and also felt that the parking lot could not be relocated to any bett~er location, and he would support the motion for approval. Mr. Fisher asked that the change in condition 2A be added to the motion so the condition would read as follows: "Dedication of Routes 631 and 780 shall be accomplished by separate deed or plat, reflecting recommendations of the Virginia Department of High- ways and Transportation." December 10, 1980 (Day Meeting) Miss Nash asked that an additional condition be placed on this site plan approval, said condition being that the applicant has moved the entrance in compliance with requests by the homeowners and the Virginia Department of Highways and Transportation. Mr. Fisher said this is not a condition, just a statement that the applicant has complied with a request to move the entrance. Miss Nash said she felt this action was not noted anywhere in the record, and wished to have it officially recorded. Mr. Fisher said he felt such a statement did not belong in the list of conditions. Miss Nash said she would like to see it in the motion for approval. Mr. Henley agreed to amend his motion to include the change in condition 2A as suggested by Mr. Fisher and to include the statement recommended by Miss Nash regarding location of the entrance. Mr. McCann also agreed to accept the changes in the motion. Roll was then called, and the motion as amended carried by the following recorded vote: AYES' Messrs. Fisher, Henley, Lindstrom, McCann and Miss Nash. NAYS: None. ABSENT: Dr. Iachetta. Agenda Item No. 7. Valmont Estates Final Plat. (Plat drawn by Robert L. Lum, Tax Map 136, Division of Parcel 59, Scottsville District, Dated July 8, 1980, August 12, 1980, October 21, 1980 and November 13, 1980~.~ ~Mr~.~Tucker~gave the staff's report: Location: Parcels 181, 230-234, Tax Map 58, Samuel Miller District; located at the southeast corner of Holkham Drive and Route 678, north of Ivy. Acreage: 2.57 acres. Zoning: RPN/A-1. Histo?y.: ZMA-79-12: The Board of Supervisors approved the rezoning of the Lewis Hill site from A-1 to RPN/A-1 on June 20, 1979 with conditions. The final plat was approved by the Planning Commission on August 21, 1979. ZMA-80-14: The Board of Supervisors approved an amendment to ZMA-79-12 to add two lots to the RPN. Proposal: To add 2.57 acres to the subdivision and redividing lots 57, 58, 59, 60 to create lots 61 and 62. TopograPhy of Area: Gently to moderately rolling. Condition of Roads Serving Proposal: This section of Route 678 carries 1000 vehicle trips per day and is listed as non-tolerable. Watershed Impoundment: South Fork Rivanna. Soils: No comment. Comprehensive Plan Recommendation: The site is located on the fringe of the Ivy Village in the Rural Area. School Impact: Total projected enrollment of one additional student with a slight impact. Type Utilities: Public water is available but public sewer is not. Staff Comment: The plat will meet the requirements of the Subdivision Ordinance and Staff recommends approval ~ubject to the following: Recommended Conditions of Approval: The plat will be signed when the following conditions have been mev: ae Compliance with the conditions of ZMA-80-14 to include: (1) County Attorney approval of inclusion of two lots in the Homeowner's Agreement; (2) Written Health Department approval of two septic field locations on each lot; No septic field shall be sited on any slopes of 25% or greater; Compliance with Section 15.1-482 of the Code for vacation of the previous plat. Mr. Tucker said the Planning Commission, on November 18, 1980, approved the plat, but added condition l(g) reading: 1. go Compliance with Section 15.1-482 of the Code for vacation of the previous plat. Mr. Tucker said he felt this agenda item was improperly titled. What is really before the Board is the Planning Commission's conditions l(b) and l(g). Mr. St. John said he did not feel renegotiation of the original agreement was necessary, only the waiver of the provisions of paragraph iA in the present agreement for lots 24A and 24B by resolution. Paragraph iA states "No lot having frontage on a cul-de-sac street will have direct access to the Totier Creek entrance road." Motion was offered by Mr. McCann, seconded by Miss Nash to confirm the action of the Planning Commission, and to make the recommended change to the agreement. Roll was called, and the motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Lindstrom, McCann and Miss Nash. NAYS: None. ABSENT: Dr. Iachetta. Mr. Tucker noted that the applicant will have to come back before the Board of Super- visors again at a public hearing to have an ordinance adopted for the vacation of Mundy Drive in Valmont Estates per condition l(g). DecemberS, 1980 (Day Meeting) Agenda Item No. 13. Statements of Expenses of the Director of Finance, Sheriff, Commonwealth's Attorney and Regional Jail for November, 1980 were presented. On motion by Mr. Henley, seconded by Mr. Lindstrom, these statements were approved as read. The motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Henley, Lindstrom, McCann and Miss Nash. None. Dr. Iachetta. Agenda Item No. 14. Statement of Expenses for the Regional Jail for the month of November, 1980 was presented. On motion by Mr. Henley, seconded by Mr. McCann, this statement was approved as read. The motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Lindstrom, McCann and Miss Nash. NAYS: None. ABSENT: Dr. Iachetta. Mr. Henley asked if anything was being done to fix the leaky roof at the Joint Security Complex. Mr. Agnor said steps are being taken to fix the problem. Mr. Henley said at times the guards wade through water inches deep and that it should be fixed as quickly as possible. Mr. Ag~or said realizing that the jail facility is not very old, steps have been taken to have experts examine the roof to determine the extent of the problem and report back for possible litigation proceedings against the original contractor. Mr. Henley said the roof is in three sections, and that the one leaky section should be repaired immediately. Mr. Agnor said the entire repair job will have to wait until warmer weather, but that the leaks will be patched as a temporary repair. Agenda Item No. 15. Report of the Social Services Department for September, 1980 was presented in accordance with Virginia Code Section 63.1-52. Mr. Fisher asked the cause of the dramatic increase in costs. Mr. Agnor said this was~ in direct relation to the in- crease in the case load and the cost per case. He added tha~ it is a sign of the present economy. Mr. Agnor said Mr. Ray Jones and Mrs. Karen Morris have met to review the budget for the Social Services Department, and a report will be presented to the Board of Super- visors at the January, 1981 meeting. Agenda Item No. 17. Lottery Permit. Mr. Agnor presented an application for the University of Virginia Track Team for a raffle on December 17, 1980 the proceeds of which will be used for a training trip. Mr. Agnor noted that this application has been approved by the Commonwealth's Attorney. Motion for approval in accordance with the Board's adopted rules was offered by Mr. Lindstrom, seconded by Mr. McCann, and car. ried by the following recorded vote: · AYES: Messrs. Fisher, Henley, Lindstrom, McCann and Miss Nash. NAYS: None. ABSENT: Dr. Iachetta the be fro~ thai fill votJ he fol (CLERK'S NOTE: Although the Board of Supervisors approved this lottery permit for University of Virginia Track Team, the application was subse.quently withdrawn and will 'esubmitted requesting a different date for the raffle.) Agenda Item No. liB. Appropriation, Special Election. Mr. Agnor reviewed a memorandum Mr. Ray B. Jones which ~tated that in reviewing the Registrar's budget it was found a special appropriation would be required to fund the cost of the special election to the House of Delegates seat vacated by Thomas J. Michie, Jr. Miss Nash noted that during the last regular election there were problems with the ng machines, and asked whose responsibility i.t was to maintain them. Mr. Agnor said ~ould check into this question with the Registrar. Motion was then offered by Mr. Lindstrom, seconded by Mr. Henley, to approve the · owing resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia that $12,165 be, and the same hereby is, appropriated from the General Fund and transferred to the following codes: Code 1302 - Board of Election - Registrar 1001 Salarie.s & Wages $ 8,000 2001 F.I.C.A. 240 3006 Printing 700 3007 Advertising 125 3099 Contractual Services 1,600 5201 Postal Services 400 5203 Telecommunications 1,000 5401 Office Supplies 100 TOTAL $12,165 Roll was called and the motion was carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Henley, Lindstrom, McCann and Miss Nash. None. Dr. Iachetta. December i0, 1980~(Day Meeting) Agenda Item No. llC. Refund on Federal Energy Grant. Mr~ Agnor said this request for appropriation was to enable the Director of Finance t~o write a check in the amount of $2,543.93 to the Federal Government to~refund~money not used for a specific grant. Motion. was offered by Mr. Lindstrom, seconded by Miss Nash~o adopt the following resolution: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $2,543.93 be, and the same hereby is, appropriated from the General Fund and transferred to the following code: 9201-5803.14 Refund Federal Energy Grant No. DE-FG-43-80R310202 $2,543.93 Roll was called and the motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Henley, Lindstrom, McCann and Miss Nash. None. Dr. Iachetta. Agenda Item No. llA. Appropriation, School Board for Pay/Classification Plan. Mr. Agnor reviewed Dr. Clarence McClure's memorandum'of November 26, 1980 as follows' "As you know, we have been working with Munioipal Advisors Incorporated in the development of a pay and classification that is identical to the plan that you use for your employees in the county government. At this point, the School Board has decided to approve the plan and to implement it January 1, 1981. It is the Board!s intention to place all classified employees except school bus drivers in the appropriate range for the remainder of this fiscal year and to make the same adjustment in the scale for cost of living for 1981-82 that you make. In addition, the Board plans to advance each classified employee one step on the scale in July. The Board feels th'at the initial ~plac~ment and the July advancement of all personnel are justified because our employees, according to the MAI study, are currently 15% behind county employees and other agencies that compete with us for workers and have been behind for several years, at least since the county government adopted the pay plan presently used. The Board's action is justified also by the fact that the initial implementation of this plan will require that most employees be placed on the first or second step of their respective salary ranges, although they might have worked for the school system for many years. Of the approximately 225 employees affected by this pay plan, 189 of them have been placed on the first step of their scales, 22 have been placed on the second step and a total of 12 employees have been placed in steps above the first two. Subsequent to the raises granted in July, the Board is planning to develop a merit pay plan or some other approach that would restrict the number of employees who are advanced on the scale each year to the same percentage of personnel advance- ments allowed for county government employees." Mr. Fisher commented that this disparity between salaries of employees in the School Division and the County government offices has been an uncomfortable situation for the last few years. He said he is glad to support this appropriation, and is glad to see a pay/classificaTion plan implemented. Mr. Fisher then asked if a merit system would be put into effect for the School employees. Mr. Agnor said no merit plan will be implemented at this time, but the School Board will consider it at a later time when a successor to the School Superintendent is able to work on such a plan. Mr. Fisher asked if this'plan is adopted and put into effect on January 1, 1981, if the 1981-82 budget will be drafted to reflect only a general increase. Mr. Agnor said since there are such a large number of employees at the beginning step, the School Board is interested in having this plan become effective January t, 1981 rather than deferring the effective date; on July 1, 1981, those employees on the first step of the plan would be moved up one step, in addition to whatever the general adjustment of salaries would be. Mr. Fisher asked if the base salary steps would stay the same for next year. Mr. Agnor said no, that the consultant's report indicated the salaries are effective through October, 1980, and that any inflationary increases that occur from that period through July, 1981 would require an adjustment in the base scale. Motion was then offered by Mr. McCann, seconded by Miss Nash, to adopt the following resolution for appropriation of funds: BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that $107,553 be, and the same hereby is, appropriated from the General Fund and transferred to the School Fund and coded as follows: 17A-109 $ 5,545 17B2-109a 11,681 17B2-109b 18,666 17B2-299 121 17D1-135 636 17D1-142 7,550 17F1-119 31,650 17F1-199 257 17F2-19B 10,242 Total $ 86,348 t7G-295.1 $ 11,185 17G-295.3 9,585 17G-295.3 251 17G-2i3 184 Total $ 21,205 Grand Total $107,553 December 10, 1980 (D~y Meeting) Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Lindstrom, McCann and Miss Nash. NAYS: None. ABSENT: Dr. Iachetta. Agenda Item No. 8. Public Hearing: Ordinance, to vacate a plat of a portion of "Hollymead" shown on a recorded plat as parcel D: This property is shown on a plat recorded in the Clerk's Office of the Circuit Court in Deed Book 531, page 313. (Advertised in the Daily Progress on November 26 and December 3, 1980.) Mr. St. John said his office drew up the ordinance written below, and that although the applicant was not present at this time, the matter seemed routine, and he recommended the Board conduct the public hearing as scheduled. Mr. Fisher proceeded to read the ordinance as follows: AN ORDINANCE TO VACATE A PLAT OF A PORTION OF "HOLLYMEAD" SHOWN ON A RECORDED PLAT AS PARCEL D: THIS PROPERTY IS SHOWN ON A PLAT RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT IN DEED BOOK 531, PAGE 313. WHEREAS, a certain tract or parcel of land, lying in Albemarle County, Virginia, has been heretofore subdivided as a part of Hollymead, the original plat of which is of record in the Office of the Clerk of the Circuit Court of Albemarle County, Virginia, in Deed Book 531, page 313; and WHEREAS, the owners of Parcel D shown on the said p!at now desire to vacate the original p!&t'so as to resubdivide the said lot; and WHEREAS, the said owners have petitioned the Board of Supervisors of Albemarle County that the said plat be vacated insofar as it is inconsis- tent with the proposed resubdivision; NOW, THEREFORE, BE IT ORDAINED, by the Board of Supervisors of Albemarle County, Virginia, as follows: Section 1. That the subdivision of that portion of Hollymead shown on a plat recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 531, page 313 be, and it hereby is, vacated insofar as the same shall be inconsistent with the resubdivision of Parcel D in accordance with the approved Planned Community plan for Hollymead, as the same may be amended from time to time, with the Albemarle County Zoning Ordinance and the Albemarle County Land Subdivision and Development Ordin- ance. Section 2. The vacation set forth in Section 1 of this ordinance shall in no way vacate any other street, road, right-of-way or lot duly platted and recorded on the aforementioned plat. Section 3. Pursuant to Section 15.1-485 of the Code of Virginia (1950) as amended, the Clerk of the Circuit Court of Albemarle County, Virginia, shall write in plain legible letters across the vacated portion of the aforesaid plat the word "VACATED", and shall also make reference to the same on the same to the volume and ~page in which the instrument of vacation is recorded. Section 4. Such vacation of the aforesaid plat shall be effect~ive upon the recordation of a plat of resubdivision as approved in accordance with the foregoing. Mr. Lindstrom asked if the lot was to be served by public water and sewer. Mr. St. John said he did not know if the utilities were in place yet, but the lot was scheduled to be served by public water and sewer. Mr. Lindstrom said it would have to be served by public utilities because~once the lot is "cut off", it will be less than 40,000 square feet. Mr. Agnor noted that when the applicant applied for a remodeling loan, it was noted that the property lines were not clear, thus the reason for vacation of this plat, so the applicant can subdivide and have clear property lines. Mr. Lindstrom said he would like to have it clear as to whether the lot will be served by public water and sewer and not have the vacation of this plat create a substandard lot. Mr. St. John said this matter could be deferred until such time as the applicant is present. Mr. Fisher said a public hearing has been advertised for this time today, and asked if there was anyone present wishing to speak for or against this vacation of a portion of Hollymead. No one was present wishing to speak, and Mr. Fisher declared the public hearing closed. Motion was then offered by Mr. Lindstrom to defer action on this vacation of plat until January in order that the question of public water and sewer availability can be answered. The motion was seconded by Miss Nash. Mr. Fisher said possibly Mr. Tucker could find out the answer to this question and report back to the Board before lunch break. The Board was in agreement with Mr. Fisher's suggestion, no vote was taken on the motion, and this agenda item was deferred. Agenda Item No. 18. Interim Report - Greenwood Community Center. Mr. Agnor said this mid-year report of the operations of the Greenwood Center has been reviewed with the Board of Directors of the Center which is in existence as an advisory group to the County. The report indicates that the operation of the center from May, 1980 through October, 1980 have been extremely satisfactory both for the community and the staff. Mr. Agnor said the center has been described as a very positive force in the community for both young and old. Mr. Lindstrom said the written report is very impressiva. Miss Nash asked about the Craft Fair held at the center. Mr. Agnor said he did not know how the latest one did, but the Fairs in the past have been very successful. Mr. Fisher asked if any recommendation is ready as to whether or not to accept the Greenwood Community Center as a gift to the December 10~ 1980 (Day Meeting) County. Mr. Agnor said no, but another progress report will be made at the end of March, 1981, and if the Board decides to accept the center, money will be included in the 1981-82 budget for continued operations. Mr. Fisher asked if there have been any maintenance costs during the past several months. Mr. Agnor said initially the roof had to be replaced, which was a major cost, and the only other substantial cost which might face the County will be the heating plant, which is presently being observed closely. Mr. Agnor also noted that the bowling alley at the center has been repaired, but costs were minimal because parts were obtained from a private bowling alley which had just closed. Agenda Item No. 19A. Appointment: offered, and this item was deferred. Advisory Council on Aging. No nomination was Agenda Item No. 19B. Appointment: Airport Commission. Mr. Fisher said a recommen- dation had been received from the City Council that the County appoint the seventh member to the Airport Commission this year. Mr. Henley said he would like to nominate Mr. Charles M. Ward, and added that he seemed very well qualified for the position. Mr. Fisher said quite a number of applications had been received for this vacancy, and he felt someone should be appointed at this time. Mr. McCann seconded the motion. There was no further discussion, roll was called and the motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Lindstrom, McCann and Miss Nash. NAYS: None. ABSENT: Dr. Iachetta. Mr. Fisher said that the type of applications received on this position, most of which came from the City on a form adopted for use by the City, have proven impressive. Mr. Fisher said a similar procedure should be set up for use in the County. It was the consensus of the Board to initiate a program to advertise for applicants to County Boards and Commissions, and that applications received be presented to the Board of Supervisors for review. Agenda Item No. 9. Request from Clean Community Commission. General Harry Disston was present and said much progress has been made, many groups have been spoken to with hopes that said groups will sponsor some of the Commission's projects. General Disston said the Commission does not need much money, because funds are only spent on providing trash containers and printed material. He then asked approval of a resolution. Mr. Fisher asked why the resolution said calendar year 1981-82 and asked if it should not be in terms of fiscal years. Mr.. Agnor said the program has shifted from a calendar to a fiscal year operation, and that the r~solution should cover 18 months from January, 1981 to June, 1982. Mr. Lindstrom said he was pleased to hear the comments about progress by the commission, and offered motion to adopt the following resolution with the change as noted by Mr. Fisher to change the words "calendar year 1981-82" to "January 1, 1981 through June 30, 1982". The motion was seconded by Mr. McCann and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Henley, Lindstrom, McCann and Miss Nash. None. Dr. Iachetta. WHEREAS, the Albemarle County Board of Supervisors recognizes the existence of a litter problem within the boundaries of the County of Albemarle; and WHEREAS, the Virginia Litter Control Act of 1976 provides, through the Department of Conservation and Economic Development, Division of Litter Control, for the allocation of public funds in the form of grants for the purpose of promoting enforcement of anti-litter statutes and ordinances and for the purpose of enhancing local litter control programs; and WHEREAS, having reviewed and considered the Regulations and t~e Appli- cation covering administration and use of said funds, BE IT RESOLVED that the Albemarle County Board of Supervisors: Hereby endorses and supports such a program for the County of Albe- marle; and Hereby expresses the intent to combine with the City of Charlottesville in a mutually agreed upon and coordinated program, contingent on approval of the Application by the Department of Conservation and Economic Development, Division of Litter Control, and contingent on receipt of funds; and Hereby authorizes the Charlottesville Albemarle Clean Community Commission (CAC3) to plan and budget for a coordinated anti-litter program, which shall represent said program for all localities named in this resolution; and FURTHER, authorizes the Charlottesville Albemarle Clean Community Commission (CAC~) to apply on behalf of all of the above named localities for a grant' anm to be responsible for the administration, implementation, and completion of the program as it is descirbed in the attached appli- cation form LC-G-i; and FURTHER, accepts responsibility jointly with the CharlOttesville Albemarle Clean Community Commission (CAC3) and the City of Charlottesville for all phases of the program; and FURTHER, accepts liability for its pro rata share of any funds not properly used or acc.0unted for pursuant to the Regulations and the Appli- cation, and that said funds, when received, will be held by the County for December 10, 1980 (Day Meeting) disbursement upon proper certification by appropriate offices. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, hereby request the Department of Conservation and Economic Development, Division of Litter Control, to consider and approve the application and program for January 1, 1981 through June 30, 1982, said program being in accord with Regulations governing use and expenditure of said funds. General Disston then presented the Board of Supervisors with a framed photograph of what he termed the Commission's most successful project, that being the recycling collec- tion facility on McIntire Road. Agenda Item No. 10. Request for Funding - Shelter for Help in Emergency. read his memorandum of December 4, 1980 as follows: Mr. Agnor "The Shelter For Help in Emergency (SHE), which serves the Planning Dis- trict area, is requesting financial support from the jurisdictions com- prising the Planning District, beginning in March 1981. The request from Albemarle is $7,896 for March 1 - June 30, 1981. Attached is a budget and program information on the operation. Essentially, the program began in October 1977 as the Citizen's Task Force for Abused Women and operated initially with volunteers in private homes. In February 1979 the City made a house available for shelter, and in September 1979 Federal funds through the Law Enforcement Assistance Administration were obtained for financial support. Additional support has been received from the Community Services Agency of MACAA, the University League, the Tolerton Foundation in Richmond, and the Charlottesville/Albemarle Foundation com- prised of local bankers. Federal support will end in February, 1981, with some possibility of a one month extension of LEAA funds, and possible replacement of funds through the Department of Health and Human Services, Office on Domestic Violences, in the summer of 1981. To date these are only possibilities. The program has changed from an emphasis on assisting abused women to one that assists all ages and sexes suffering domestic violence. The attached data shows that in one year ending August 1980, the program provided shelter for 95 adults, and 128 children, for a total of 223, and handled over t00 calls per month on a 24 hour hotline telephone. Sixty-eight of the 223 were Albemarle residents, comprised of 28 adults and 40 children. The $7896 request represents 30% of the total area request (68 +223 = 30%). A projected one year request from Albemarle for FY 81-82 may be $23,687. It is recommended that the program be supported for the completion of the current fiscal year only, with the decision for continued support in FY-82 being reserved for the annual budget cycle process when all other similar requests are considered. The funds needed for the current year could be transferred from the Adolescent Pregnancy Prevention Program which, as you were recently advised, did not receive Federal approval." Mr. Fisher noted that a summary report had been received from .the agency, which gave detailed information not only regarding the budget, but statistics regarding those people using the agency, the localities they are from, as well as other vital statistics re- garding their use of the facility. Mr. Lindstrom said he helped Shelter for Help in Emergency put this report together as he felt such a report would help the Board of Supervisors understand .their needs. Mr. Fisher said he has received many phone calls in support of this agency, so many that he has not been able to return many ~of them. Miss Debbie Cobb, Director of Shelter for Help in Emergency, was present. ~Miss Nash asked if County residents know about the Shelter. Miss Cobb said 30% of the users of the facility are residents of the County, and she felt it's existence has been well publicized in Albemarle County. She said approximately 47% of the users are City of Charlottesville residents, and the remainder represents other localities. Mr. Henley asked if any other localities have authorized funding of the Shelter. Miss Cobb said Albemarle County is the first locality asked for support. She said she is to meet with the City of Charlottesville next week to ask for support. Mr. Henley asked if grant money was based on local support. Miss Cobb said the grant received did require a 10% match of local funds, but she added that originally those funds were mainly from private sources. Mr. Lindstrom said he has had the opportunity to see Shelter workers in operation, and said he was impressed with their staff. Mr. Lindstrom then offered motion to accept the recommendation of. Mr. Agnor to appropriate $7,896 to fund this. agency through the remainder of this fiscal year, and to review the budget request in the Spring and to adopt the following resolution. The motion was seconded by Miss Nash. BE IT RESOLVED hy the Board of Supervisors of Albemarle ~County, Virginia, that $7,896 be, and the same hereb~y is, appropriated from the General Fund and transferred to code.9103-5666 for Shelter for Help in Emergency, funds~to be dispersed between March 1, 1981 and ~une 30, 1981. Mr. Fisher said he would support the motion, but stressed that if this is to become a permanent funding arrangement, then the County would want to work with the Shelter for Help in Emergency to set up formal bookkeeping procedures to account for the monies con- tributed to the Shelter by all localit±es. Mr. Fisher said this is a cumbersome procedure which can be avoided if other sources of funding can be found. Mr. McCann said he would support this project on an interim basis, but felt it is not widely recognized in the community. Mr. McCann said he· disliked seeing agencies startadup ~ith seed money granted by the Federal Government, then those seed funds are cut off and the agency must then seek funding on a local level. He added that if this agency is truly supported by the com- munity, funding should be possible through personal contributions,.not local government December 10, 1980 ~Day Meeting) funding. Miss Nash said she will totally support this project, because she feels there is a real need. Roll was then called and the motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Lindstrom, McCann and Miss Nash, NAYS: None. ABSENT: Dr. iachetta. Agenda Item No. 8. Public Hearing: Ordinance to Vacate a Plat of a Portion of Hollymead. (Deferred from earlier in this meeting.) Mr. Jim Hill, representing the applicant, was present. Mr. Hill stated that the lot being created by the vacation of this plat, will be served by public water and sewer, although the lines have not yet been completely installed. Mr. Lindstrom stated that was his only concern, that he would not want to create a lot so small it could not support a septic system and well. Mr. Lindstrom then offered motion to adopt the ordinance (read into the record by Mr. Fisher earlier in this meeting) as prepared by the County Attorney's office. The motion was seconded by Mr. McCann and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Lindstrom, McCann and Miss Nash. NAYS: None. ABSENT: Dr. Iachetta. Agenda Item No. 12. General Government Employees Pay/Classification Review Report. Mr. Agnor read from his memorandum dated December 5, 1980 regarding the Pay and Classif- ication Review Report. "Municipal Advisors, Inc. has completed the triennial review of the Pay and Classification Plan and fringe benefit program. Additionally, at my request, information was compiled on the policies of other jurisdictions regulating overnight usage of vehicles. Conclusions and recommendations can be found on pages 2 and 3 of the report. The following is a summaryt of the report: Salaries and fringe information was surveyed from five other local govern- ments, four local industries and the University. Data can be found in Tables I and II of the Appendix. The report concludes that adjustments made by the County since the 1977 study have been appropriate and the County is "very competitive in most positions." No changes are recommended in fringe benefits. Recommendations for adjust- ments in salary ranges are made in nine classes out of a total of 97. Of the nine classes, six are law enforcements, two are social services., and one in inspections. They are listed on page 3 of the report. S~xteen positions are recommended for addition to th~ plan (listed on page 2), six of which have previously received Board approval, five of which are Data Processing classifications, and the remaining five are reclassifications of existing employees as follows: Assistant Registrar Principal Planner Social Worker Aide Volunteer Services Coordinator (Social Services) Custodian I It is recommended that the report be adopted effective January 1, with one exception, that being a range 20 for Director of Staff Services, rather than a range 22 as shown on page 2. The nine salary range changes are not intended to increase salaries of employees, except for any employee whose current salary is not within the new range. In such a case, the employee will be moved to the beginning step of the proposed range. Since the ranges increase a maximum of two numbers, and some one number, no appro- priation is requested to make these changes. The data on overnight vehicle usage will be the basis for a recommended written policy for presentation to the Board of Supervisors in sufficient time for implementation with the move to the central office building in 1981. The recommended policy will include the development of a central motor pool. I plan to appoint a committee of employees and department heads to develop such a proposed policy." Mr. Fisher said he would recommend approval of this revised plan as recommended by the County Executive wit~ the one noted exception, that being the position of Director of Staff Services which is to have a salary range of 20 rather than 22 as shown in the plan. Motion to that effect was offered by Miss Nash, seconded by Mr. Lindstrom. Mr. Lindstrom then asked if in the future, when the Pay/Classification Plan is reviewed, if that review will include the School Division as well as general county employees. Mr. Agnor said it would include all government employees. Mr. Fisher asked if the County is paying their employees too much, since the consultants termed the County as being "very competitive". Mr. Agnor said no. He felt the County was paying fair salaries to all their employees. Roll was then called and the motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Lindstrom, McCann and Miss Nash. NAYS: None. ABSENT: Dr. Iachetta. Mr. Fisher then urged Mr. Agnor to quickly move forward to a resolution of the problem of overnight vehicle usage. He said this has been a matter of citizen complaint for as long as he has been on the Board, and felt some formal policy is vitally necessary. December 10, 1980 (Day Meeting) (CLERK'S NOTE: Set out below is a list of the actual changes in the Pay/ Classification Plan: Add the following classes: Appraiser Trainee .......... Code 057 ...... Range 16 Data Entry Operator .... Code 070 ..... Range 06 Computer Operator .......... Code 071 ..... Range 12 Computer Operations Supervisor. . Code 073 ..... Range 16 Programmer/analyst .......... Code 075 ...... Range 16 Data Processing Manager ....... Code 076 ...... Range 24 Assistant Registrar ....... Code 086 . ..... Range 10 Principal Planner ........ Code l18A Range 21 Custodian I ............ Code 201 . . . Range 03 Custodian II ............ Code 202 ...... Range 04 Director of Staff Services. . . Code 235 ...... Range 20 Social Work Aide I .......... Code 309 ...... Range 05 Volunteer Services Coordinator .... Code 316 .... Range 18 Changes have been made in the following ranges: Planning Aide (Planning Dept.): Change Code to 114, range is the same. Planning Technician: Change code to 115, range is the same. Planner I becomes "Planner", code is 117. Planner II becomes "Senior Planner", code is 118. Deputy Zoning Administrator: Change Code from 146 to 144. Eligibility Supervisors: Code 306 changes range to 18 and has a revised job description. Social Worm Aide: Code 310 becomes Social Work Aide II; Code 310 and change range to 07. Also has a revised job description. Deputy Sheriff: Code 410 change range to 13. Investigator: Code 412 change range to 14. Sheriff Sergeant: Code 414, change range to 17. Sheriff Lieutenant: Code 416 change range to 19. Sheriff Captain: Code 418, change range to 22. Sheriff: Code 420, change range to 27. Changes have been made in the following job descriptions: Program Supervisor (Section Eight): Housing Coordinator: Code 081. Code 080. NOT DOCKETED. Mr. Agnor introduced Messrs. Patrick Mullaney and Mark Loronzoni of the Parks and Recreation Department. Mr.-Loronzoni is Director of the Greenwood facility. Mr. Lindstrom said he was impressed with the report on the Greenwood project presented earlier in the meeting. Mr. McCann said he also felt the program looks good, but he- sitated to lend financial support to keep the recreational facility going, adding that this should be a responsibility of the community, not the county government. Agenda Item No. liD. Appropriation Request: Western Albemarle Rescue Squad. Mr. Samuel Walkup, representing the Western Albemarle Rescue Squad, presented a brief history of the squad, as well as the present demands being required of the rescue squad. He emphasized that the squad is totally volunteer, and that these volunteers personally supply many basic needs normally supplied by rescue squads. Mr. Walkup next described the rescue squad's desperate need for a third ambulance at this time. He said on many oc- casions one vehicle must be out on stand-by assignments or is on an emergency call, when a second call comes in; this leaves no vehicle to handle any other emergencies, and the squad must then use either Anderson Brothers' Funeral Home ambulance or call in some other rescue squad. He said either of the last two alternatives adds time to answering a call. Mr. Walkup said presently they have a 1972 van which was purchased third-hand in 1978 at the start of the rescue squad; a modular ambulancepurchased with Department of Transpor- tation funds, and a 14 foot boat donated by the Charlottesville Fire Department. Mr. Walkup emphasized the fact that the squad is continuously looking into the possibility of obtaining grants, both governmental and private. Mr. Walkup then requested that the Board consider advancing $37,500 with $7,500 being deducted from the CountyTs allocation for the next five years. Mrs. Jenny Martin, President of the Western Albemarle Rescue Squad, Inc. said they dislike asking for money, but feel the need for this additional vehicle is absolutely' essential. Mrs. Martin said each year it has been more difficult to achieve goals when soliciting funds from public donations, and with the economy in a downward cycle, all organizations of this type suffer a loss in contributions. She then asked the Board's sincere consideration of the request. Mr. C.art Van Fossen, a member of the Board of Directors of the Rescue Squad, said the costs of emergency vehicles has almost doubled since the forming of the Western Albemarle Rescue Squad. He noted that contributions have been down, but the monetary needs have been increasing. Mr, Van Fossen said he realized that such advancing of allocations has always been reserved for capital needs such as land or buildings, but that such a loan is justified for this purpose. Mr. Van Fossen said if a regular lending institution is used, general operating funds will have to be used in order to pay the interest' on the loan. Mr. Fisher stated his concern that if a precedent is set in this case, ~there are quite a few other rescue squads and volunteer fire companies in Albemarle County who will follow suit. Mr. Fisher said if the rescue squad uses this procedure, then in future years when another vehicle needs replacement, there will be no money from the County, and no contributions from the public left to cover the purchase price. Mr. Walkup said the rescue squad will be purchasing a modular ambulance with the money requested, and~in the future when the chasis is worn out, only that portion of the vehicle would need to be replaced at a much lesser cost than the entire vehicle. December 10, 1980 (Day Meeting) Mr. Lindstrom said this is a very basic service, and if through circumstances beyond the rescue squad's control there is insufficient money to continue this basic service, then maybe the County should consider the request. Mr. Fisher said the fact that contri- butions alone determine whether or not a volunteer organization purchases new equipment has helped restrain those organizations from unnecessary or overspending. Mr. Fisher added that if the County now begins a program of advancing the money, there are eleven different groups of people who may desire new equipment. Mr. Fisher suggested that one possible answer to this dilemma would be to set aside a certain amount of money each year in capital funds and set up a mechanism whereby the priorities would be established among the various groups so that funds could be drawn. Mr. Lindstrom said it is true that not every volunteer company has the same requirements for equipment, but felt the_need of the Western Albemarle Rescue Squad is basic and if there is not sufficient public support, the County should look into the possibility of funding. Mr. McCann asked if these funds ~would be paid back to the County. Mr. Walkup said the County would be advancing the rescue squad money from anticipated future allocations. Mr. Agnor said a number of years ago a similar problem was faced with fire companies. Meetings were held to try and determine equipment needs and priorities~ Mr. Agnor said the result of those meetings was not successful because fire company officials felt their main support from the public was for the vehicles and equipment, not the fire house or other services and supplies. It was the concensus of the volunteer companies at that time, that governmental support for equipment needs would negate fund raising efforts. Mr. Agnor said it was agreed at that time that the County would only fund capital needs and housing, and that if for any reason the volunteer company disbans, then the building and land would return to ownership of the County. Mr. Agnor then described an outgrowth of those meetings, stating it was agreed that a cooperative effort between fire companies would take place, in that if one fire company had dispatched all available units, then a unit would be dispatched from the closest available fire company to answer any additional calls, thereby reducing the answer time for emergency calls. Mr. Agnor noted that this cooperative policy has reduced the equipment needs for many of the fire companies. Mr. Henley said he did not mind advancing the money to the rescue squad, but felt volunteer organizations needed to realize there was a limit to what the County could afford to lend out. Mr. Fisher requested time to review the situation and nov make a decision on this matter today. Mr. Lindstrom asked if there was any time limitation on this request. Mr. Walkup said the vehicle can be delivered in January if funding is received. Mr. Van Fossen said hopefully in the future the economic situation will change and.more money will be donated by the public, he added that donations have been good considering the small area and the low population served. Mr. Walkup said as a rescue squad matures, it builds up a reputation and base for donations. Mr. Lindstrom asked if an approach as suggested by Mr. Agnor regarding fire companies would work for rescue squads. Mr. Walkup said it would be worth discussing. Mr. Van Fossen said one possible problem with that suggestion is that the Western Albemarle Rescue Squad is the only com- pany which serves Albemarle County residents exclusively. Mr. Fisher asked Mr. Agnor for a recommendation on a way to settle this problem. Mr. Agnor asked for an opportunity to meet with the leaders of all three rescue squads to get a consensus of needs. Mr. McCann said he felt more obligated to support this type effort, which serves the entire community, than what had earlier been approved for the Shelter for Help in Emergency which serves a very small percentage of the population in comparison. It was the final concensus of the Board that Mr. Agnor meet with the three area volunteer rescue squads and report back to the Board of Supervisors at some future date. Agenda Item No. 19C. Appointment: nomination for this appointment. Community Action Agency. No name was placed in Agenda Item No. 19D. Appointments: Youth Services Citizen Board. placed in nomination for this appointment. No names were Agenda Item No. 19E. Appointments: Mental Health & Retardation Services Board.- Mr. Fisher aske~Mr. Agn'~r to check and see if Miss Barbara Booker would be willing to serve again, and report back to the Board. Agenda"Item No. tgF. Fire Prevention Code Board of Appeals. Nomination was offered by Mr. Henley-for Mr. Roger L. Baber to continue serving on this Board. Motion was seconded by Mr. Lindstrom to reappoint Mr. Baber to the Fire Prevention Code Board of Appeals for a term scheduled to expire on November 21, 1985. Roll was called and the motion carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Henley, Lindstrom, McCann and Miss Nash. None. Dr. Iachetta. Agenda Item No. 19G. Appointments: Transportation Safety Committee. Mr. Fisher recommended the reappointment of the four members whose terms are due to expire at on December 31, 1980. Motion to reappoint the following members was offered by Mr. Lindstrom, seconded by Mr. McCann: Mr. John W. Massie Mr. Edward W. Lang Sheriff George W. Bailey Mr. H. C. Lanahan Terms for these appointments is scheduled to expire on December 31, 1984. Roll was called and the motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Lindstrom, McCann and Miss Nash. NAYS: None. ABSENT: Dr. Iachetta. December 10, 1980 (Day Meeting) Agenda Item No. 19H. Tie-Breaker for School Board. Mr. Fisher requested this item be carried over, stating that he believed there would be forthcoming some changes in the law which would no longer make this a requirement, and perhaps this change will happen in the next month or two. Agenda Item No. 24. Other Matters Not On The Agenda. Mr. Agnor reported that at the September 17, 1980 meeting of the Board of Supervisors it was decided to renew the present employee health insurance contract (Blue Cross-Blue Shield) for a period of ninety days at an increased rate, then have someone review the plan and make recommendations. Mr. Agnor said he has contacted a firm in Richmond named "Living Library Associates" regarding such a review of the he&lth insurance plan. Mr. Agnor said this organization is comprised of retired businessmen, and that a retired life insurance executive and a retired hospital administrator would be reviewing the county's policy. Mr. Agnor said he has received a simple contract from this firm, which has not yet been reviewed by the County Attorney, and then requested the Board to authorize this contract to be reviewed by the County Attorney, and if found in order, authorize the County Executive to sign an agreement employing the Living Library Associates and bring back a re'port of the health insurance~ plan to the Board. Motion was offered by Mr. Lindstrom, seconded by Miss NaSh, to accept the recommendation of the County Executive. Roll was called, and the motion carried by~ the following recorded vote: AYES: Messrs. Fisher, Henley, Lindstrom, McCann, and Miss Nash. NAYS: None. ABSENT: Dr. Iachetta. THE LIVING LIBRARY, LTD. CONSULTING SERVICES Contract No. 4-80 Contract between The Living Library, Ltd. (hereinafter known as the company), the consultants Harold Prather and Herbert Southall, Jr. and the County of Albemarle. It is hereby agreed that The Living Library will pr~ovide consulting service to the County of Albemarle, Charlottesville, Virginia 22901 (hereafter referred to as client) as specified on attached document number (letter) 12/22/80. Said service to be performed by Harold Prather and Herbert Southall, Jr., Richmond, Virginia Retired Hospital Administrator and Insurance Executive (hereafter referred to as consultants). The client agrees to pay directly to the consultants all out-of-pocket expenses incurred by the consultants in rendering said services when and as the consultants bills client for the same and that all fees will be paid by client directly to The Living Library, Ltd. as follows: (Expenses subject to company review in keeping with company expense guidelines.) $32 per hour per consultant - professional services Necessary travel ~ 18.55 per mile Meals, lodging, supplies as required It is further agreed that when the certificate of completion is signed by these parties that such signing will relieve the consultant, the client and The Living Library of any further responsibility in connection with the service rendered under this contract. The consultants, by executing this contract, hereby agrees to perform all duties specified in document number (letter) 12/22/80, attached hereto, in a manner consistent with those standards acceptable in his particular industry and/or profession. This contract and the attachments hereto represent the entire agreement between the parties hereto and cannot be changed or modified except by written instrument executed by all of the parties hereto. "December 22, 1980 Mr. Earl Shiflett Living Library, Ltd. 1800 West Grace Street Richmond, Virginia Dear Mr. Shiflett: The following is an outline of the services required by Albemarle County to analyze the group health insurance plan for employees and their families: !. Review the present plan and the experience in the use of the plan. 2. Meet with the County staff and employee representatives to discuss the positive and negative points of the present plan, and hear recommendations for amendments. 3. Prepare a report to the Board of Supervisors proposing alternatives for their consideration to continue the present plan, amend it in any manner deemed necessary or desireable, or re-bid the plan for servicing by other vendors. These alternatives should include cost estimates for imple- mentation. 471 December 10~ 1980 (Day Meeting) 4. Recommend to the Board of Supervisors the alternative which the consultant believes would best address the accelerating cost problems with the least impact on the benefits to employees and their families. It is understood that the report will be completed in early January for review by the Board of Supervisors at their January 14 meeting, if possible, or by their January 21 meeting at the latest. Sincerely, (signed) Guy B. Agnor, Jr., County Executive" The Board recessed .for lunch at 12:20 P.M. and reconvened at 1:47 P.M. Agenda Item No. 20. Work Session: Zoning Ordinance. Mr. Fisher mentioned a memorandum distributed by the Clerk giving various editorial changes to the zoning ordinance. He then said that when the meeting ended last week, the Board was discussing a piece of property owned by Benton Patterson on Hydraulic Road (Tax Map 32, Parcel 20). He asked the number of different uses on this seven acre parcel.- Mr. Tucker said there are three uses at the present; one consistent with the zoning ordinance; the other two will be nonconforming anyway. Mr. Fisher asked the zoning categories. Mr. Tucker said two uses 'fall under the C-1 category and one falls under the LI category. Mr. Lindstrom felt it would be best to designate the property C-1 since two of the uses occupy only an insigni- ficant portion of the property. Mr. Tucker said that is not the way the staff understands the Board's policy. The staff understood that zoning that presently exists would be recognized if there was a use on the property that conforms to that particular zoning category. Existing zoning is M-1 which corresponds to the new LI zone. Mr. Fisher asked how the property is designated on the new zoning map. Mr. Tucker said it is shown as RA. The staff had originally thought all three uses on the property were commercial uses, but it was brought to the attention of the staff that there is an industrial use on the pro- perty. Mr. McCann the~ offered motion that the Board continue with the policy and show this property as LI on the new zoning map. The motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: NAYS: ABSENT: Messrs. Fisher, Henley and McCann. Mr. Lindstrom and Miss Nash. Dr. Iachetta. Mr. Tucker next turned to requests on the zoning map received at the public hearing on November 19. Mr. William W. Stevenson's property located at the intersection of Georgetown and Hydraulic Roads (Tax Map 61, Parcel 40) was shown in the 1976 Comprehensive Plan as neighborhood commercial. When that Comprehensive Plan was amended, the neigh- borhood committee working on the Plan decided to move that commercial area across the street because that is the location of the Hop-In Store. Last week, the Board kept the RA district on the corner property next to the Hop-In although it is presently zoned B-1. Since the Board did not choose to recognize that commercial property which lies in the watershed, there is not enough property in this area for neighborhood commercial. Mr. Tucker said the staff does not see any problem with recognizing Mr. Stevenson's property as C-1 since it is only about one acre and really too small to show on the detailed Comprehensive Plan. Also, the Planning Commission had recommended C-1 for this property on their proposed zoning map. Mr. Lindstrom then offered motion to recognize Tax Map 61, Parcel 40, as C-1 on the zoning map. The motion was seconded by Mr. McCann and carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Lindstrom, McCann and Miss Nash. NAYS: None. ABSENT: Dr. Iachetta. The next property discussed was the property of Meredith Bickers on the southwest interchange of 1-64 and Route 250 East (Tax Map 78, Parcel 33). The property is presently zoned B-1 and is proposed for RA. The owner has requested that some type of B-1 zoning be maintained. Mr. Tucker said he has no correspondence to show that any expenditures have been made to improve the property for commercial use. Miss Nash asked if the property could be used for a residence. Mr. Tucker said Mr. Bickers had recently requested A-1 zoning for a portion of the property so that a house could be constructed on that portion. Mr. Lindstrom asked the size of the tract. Mr. Tucker said it is 25 acres more or less. Mr. Fisher said this property is clearly outside of the urban boundary. Mr. McCann felt that a quadrant of an interchange is a good location for business. He noted that the Planning Commission had recommended commercial for this property. Mr. Lindstrom said he could not support any commercial zoning category for this property since he feels it is contradictary to the detailed work the Board did in drafting the Comprehensive Plan. He then offered motion to leave the Bickers property as RA on the zoning map. When there was no second to the motion, Mr. Lindstrom said he felt it would be a mistake to start redoing the whole Comprehensive Plan while adopting the new zoning map. This is a significant tract of land and is clearly located beyond the urban boundary. Miss Nash said she felt the zoning placed on th~s property was a mistake since no one would be able to live where cars are going on and coming off of 1-64. Mr. Lindstrom said he felt it would be a mistake to make a de facto change at thiS point, without going back and reevaluating the Board's policy. Mr. Henley said he had no objection to showing commercial zoning on this property. Mr. McCann said the work done on the Comprehensive Plan might have gone too far since the Plan does not show commercial on this property. Mr. Lindstrom said he would prefer to amend the Comprehensive Plan rather than making the change de facto. Mr. Lindstrom said he went along with the change on the Stevenson pro- perty because that change was consistent with the Comprehensive Plan and the property was not large enough to show on the Plan. But, he does not agree that every interchange should be shown for commercial. What he is really arguing is procedure. December 10, 1980 (Day Meeting) Mr. Henley asked how much land was left as commercial after the recent rezoning of a portion to A-1. Mr. Tucker said are between 25 and 30 acres. Mr. Henley then offered motion to show whatever acreage is presently zoned commercial as HC. The motion was seconded by Mr. McCann. Mr. Fisher said if this change is made, the Board may be faced with making similar changes on other parcels which now have commercial zoning but no existing commercial usage. That would be a significant change on the rest of the map. Mr. McCann said he felt the Plan should be looked at as a general plan and not as an absolute. If there is a piece of property on a major interchange within two miles of the City limits, what do you do with it. Mr. Fisher said the plan is pretty specific at I64. (Note: Dr. Iachetta arrived at the meeting at 2:10 P.M. and Mr. Fisher explained the motion on the floor.) Miss Nash mentioned the property of a Ms. Gieck (Tax Map 78, Parcels 33A and 33B) in the same vicinity which has been leveled for the purpose of selling it for business. Mr. Lindstrom said the Board struggled with the concept of recognizing properties which are presently zoned commercial and also have an existing use which is consistent with that zoning classification, but which are not shown for commercial in the Comprehensive ?lan. He said there are probably hundreds of properties where money has been spent in antici- pation of zoning whether or not there has been site plan approval. Mr. Henley said he · could go along with that theory if he was given one good reason why there should not be commercial zoning on this property. Mr. Lindstrom said the Board had spent weeks studying this part of the County when amending the Comprehensive Plan. It was decided that the west side of the 1-64 inter- change was a logical place at which to stop the urban area boundary. He said that if that boundary is to be changed, the Comprehensive Plan should be amended. Mr. Henley said the Board has been discussing the RA zone for almost a year and it has been changed many times. He did not see a difference between those changes and the change being discussed. Mr. Lindstrom said he felt that what has been done with the RA zone is consistent with the Comprehensive Plan; this change would not be. Mr. McCann said the Board, in its zeal to have everything conform to the Plan, has attempted to downzone a lot of property. He has no problem with applying commercial zoning to this property. Mr. Lindstrom said zoning changes on specific properties should not be considered until after the staff has made a detailed analysis of that change and the Board does not have that kind of report on this parcel. At this point, Mr. Fisher called for a vote on the motion which then failed by the following recorded vote: AYES: NAYS: Mr. Henley and Mr. McCann. Messrs. Fisher, Iachetta, Lindstrom and Miss Nash. Mr. Tucker said he had received a letter from Mr. Charles Heinrich asking that a 40,000 square foot parcel adjacent to Glenorchy Subdivision (Tax Map 78, Parcel 55A(3)) retain its present commercial status. Mr. Fisher said he would prefer that the property remain as residential on the map. Mr. Lindstrom offered motion that the property remain as shown on the zoning map, which is consistent with what the Board has done on other properties. The motion was seconded by Miss Nash. The motion carried by the following recorded. ~o~e: AYES: NAYS: Messrs. Fisher, Henley, Iachetta, Lindstrom and Miss Nash. Mr. McCann. Agenda Item No. 22. Public Hearing: Planning Commission Ordinance. (Notice of this public hearing was published in the Daily Progress on November 26 and December 3, 1980.) Mr. Fisher said that last year there were nine members on the Planning Commission. When one term expired, the Board decided at that time nov to reappoint and also to further reduce membership on the Commission to seven when another term expired on Decembers31, 1980. The ordinance advertised would reduce the size of the Planning Commission to seven voting'members, with six representing districts and one serving at-large. The public hearing was opened. With no one present to speak, the public hearing was closed. Motion was then offered by Mr. Lindstrom to adopt the following ordinance effective January l, 1981: AN ORDINANCE TO AMEND AND REENACT CHAPTER 2, ARTICLE I, SECTION 2-4 OF THE ALBEMARLE COUNTY CODE BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Chapter 2, Article I, Section 2-4 of the Albemarle County Code be amended and reenacted to read as follows: Sec. 2-4. Composition; appointment; terms and compensation of members; quorum. (a) Composition. The planning commission of the county shall be composed of seven members appointed by the board of supervisors. Ail members of the commission shall be residents of the county, qualified by knowledge and experience to make decisions on questions of community growth and development, and at least one-half of the members shall be freeholders. (b) Appointment and terms. One member of the commission shall be. appointed by the board of supervisors from its own membership for a term of one year to serve in an advisory capacity without voting rights. Of the seven voting members, one shall be nominated from each of the six magisterial districts by the board member representing that district, and one shall be nominated to ser.ve at large. Three of the members appointed from specified magisterial districts shall be appointed in each even-numbered year following county elections, by nomination of the n~wly elected board members and for terms co-extensive with theirs. One member-at-large shall be appointed for a three-year term. Vacancies occurring due to resignation ~PDBR$~s~'~hall be filled by appointment for the unexpired term only. December 10, 1980 (Day Meeting) vote: AYES: NAYS: (e) Effective Date. This amendment shall be effective January 1, 1981. Th$ foregoing motion was seconded by Miss Nash and carried by the following recorded Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash. None. Agenda Item No. 22. Public Hearing: Community Development Bloc Grant. It was noted that it had been found that this second public hearing was not necessary, so this item had been removed from the agenda. Agenda Item No. 23. Work Session: Zoning Ordinance. Mr. Tucker continued with requests received at the public hearing. Property of William White in Yancey's Mill (Tax Map 55, Parcels 83, 84, 102 and 103; Tax Map 55A, Parcels 39 and 40) is shown on the proposed map as RA. In determining the break point on the map between RA and adjacent zoning, the staff had followed drainage swales and property lines. The argument has been made that this was arbitrary and Mr. WRite has requested the same zoning for his property as that shown on adjacent property. Mr. Fisher said when the Board discussed the Crozet boundaries when amending the Comprehensive Plan, he thought it was decided at that time to limit the higher density zoning in this particular area. Motion was then offered by Mr. Lindstrom to keep the RA zoning for this property. The motion was seconded by Dr. Iachetta. Mr. McCann said he could not support the motion since the Board has not yet decided what the RA district will be. The motion carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Iachetta, Lindstrom and Miss Nash. NAYS: Mr. McCann. Mr. Tucker then mentioned the request of Mr. Richard Cogan for property on Route 250 East, adjacent to Moore's Well Drillers (Tax Map 78, Parcel 47A), a tract of 8.92 acres, Mr. Cogan sent the Board a letter in November noting expenditures he has made in order to get a deceleration lane for this property and improvements made to a bridge on Route 250 East at Moore's. Mr. Cogan requests comparable zoning to the B-1 that presently exists. Mr. Fisher asked if a site plan has been filed for this property. Mr. Tucker said no. Mr. Lindstrom said he felt this property was the same as others the Board has reviewed and offered motion that the property remain as shown on the zoning map. The motion was seconded by Miss Nash. Mr. McCann said he would not support the motion since he did not know what you would do with a piece of property located between other busineses on a major highway. Dr. Iachetta said he felt ~here is a difference since the owner has recently spent money to. obtain access as required by the Highway Department. Mr. Henley said he could not supp.ort the motion. The property has been zoned for a number of years and Mr. Cogan has made an effort to improve the property so it can be used for commercial use. Roll was called at this point and the motion failed by the following recorded vote: AYES: NAYS: Mr. Fisher, Mr. Lindstrom and Miss Nash. Messrs. Henley, Iachetta and McCann. Mr. McCann then offered motion to show the property as HC. by Mr. Henley and failed by the following recorded vote: The motion was seconded AYES: NAYS: Messrs. He~ley, Iachetta and McCann. Mr. Fisher, Mr. Lindstrom and Miss Nash. Mr. Lindstrom asked how many situations the Board has discussed where there has been a substantial investment made. Mr. Tucker said he was not sure. Mr. Lindstrom asked if the commercial entrance to this property is the same kind of entrance that would be involved for any other single owner. ~Mr. Tucker said this is the type of entrance required by the Highway Department where there will be three uses or a commercial use. Miss Nash asked about the houses next to the Sheraton Inn. Mr. Tucker said that area is presently zoned B-1. Miss Nash asked how the Board's policy would be used in this area where the property is zoned B-i, but the use is actually residential. Mr. Fucker said he understood that the policy applied only in the watershed. Miss Nash said she understood the policy to be - for property previously zoned B-1 and used as B-i, although not shown in the Comprehensive Plan for such use, commercial zoning would be shown on those pro- perties anywhere in the County. Mr. Lindstrom suggested that the Board go to another item since he did not feel any compelling re~son for a new motion relative to this request. Mr. Fisher said it appeared to him from a letter written by Mr. Cogan that the first expenditure made on this property was on October 3, and this was after the zoning ordinance had been in the amendment process for over two years. He said unless there was a new motion, the Board would proceed to other items. Mr. Tucker mentioned request made by Mr. George McCallum on behalf of Ms. Patricia Brown (Tax Map 61, Parcel 119). ~Mr. Tucker said the applicant had requested that the zoning on this property be changed to HC or that provision be made in the C-1 district for hotels and motels. This request was taken care of last week when the Board decided to include hotels and motels in the C-1 district. Mr. Tucker next discussed the property of Lloyd and Patsy Wood (Tax Map 61, Parcels 124E and i24F) and Charlottesville Oil Company, Inc. (Tax Map 61,~arcel 124). These parcels are adjacent to Albemarle Square Shopping Center across from Squire Hill Apartments and Parcel 124F contains the Bonanza Restaurant. Mr. Tucker noted letter dated November 17, 1980, from Mr. George McCallum, on behalf of Mr. and Mrs. Wood, outlining expenditures made on this property. Mr. Tucker said the staff has previously mentioned that the pro- perty is conducive to higher density residential and commercial usage because of its location adjacent to two major shopping areas, its location on a major collector road, and its location close to high density residential. The request is to maintain existing DecemberS, 1980 (Day Meeting) zoning of B-i and R-3 or C1 and R-15 under the proposed ordinance. Mr. Fisher asked if the Comprehensive Plan does not show this entire area for five to ten dwelling units per acre. Mr. Tucker said yes. Dr. Iachetta said there are two parts to this issue. One of the points brought out in the letter is that the Putt-Putt Golf Course is located on property being downzoned. Mr. Tucker said the only reason the Board did not recognize the Putt-Putt site the last time these parcels were discussed was that there is no way to delineate just that small portion of the larger parcel for commercial use. Mr. Henley said he thought the Board made a mistake to take off the existing zoning the last time these parcels were discussed. Mr. McCann said the Planning Commission had discussed this property at length and agreed that this is an ideal location for higher density uses. The land is in the urban area, has water and sewage disposal available, and roads. Also, there are already two businesses on the property which is adjacent to a shopping center. Dr. Iachetta said he thought the Board had adopted a policy which would identify those parcels which have existing B-1 zoning with existing B~i uses. Miss Nash said she remembered that when the Board dis- cussed this property before, it was felt that the Putt-Putt is not a permanent operation. Since that time, she has been out to look at the property and now feels that the use is permanent. Mr. Lindstrom said he would prefer to have R-1 zoning rather than another strip of commercial on a collector road. Dr. Iachetta said he feels the Board was incon- sistent-in applying its policy to this property. Mr. Lindstrom said a driving range is clearly a temporary use whatever the value of the facility. Dr. Iachetta said the Putt- Putt is a legitimate business use and he had previously thought it is less of a permanent use than it actually is. Mr. McCann said he would not expect the Putt-Putt to remain in the area but so long because this is prime business land and he feels it will be used for so~' Commercial use sooner or later. Mr. Henley said there are a lot of people living in that area and he could see no reason not to show higher density zoning on the property. Mr. McCann then offered motion to show the property in question at a zoning that is consistent with its present zoning. Mr. Fisher asked Mr. McCann to define the motion further. Mr. McCann said he meant to show the whole property as it is now. Mr. Tucker said the Planning Commission had recommended HC for the present B-1 portion of the property and R-15 for the present R-3 property. Mr. Fisher asked if the purpose of the commercial area is td primarily serve the residents living in the area rather than making this another highway oriented use for such things as used-car lots and gas stations. Mr. Tucker said if that were the intent, C-1 would be a more appropriate classification. HC is usually shown on major arterials and Rio Road is not a major arterial at this time. Mr. McCann asked what category the existing uses would fit into. Mr. Tucker said that C-1 zoning would fit all of the uses presently on the property. Mr. Fisher then restated the motion to recognize the existing R-3 as R-15 and the~existing B-1 as C-1. The motion was seconded by Mr. Henley. Mr. Fisher asked how many acres are in the present B-t category. Mr. Tucker said there are about 17 acres. Mr. Lindstrom said he could see some justification for a small neighborhood commercial area in this location because of the density of the surrounding land, but he thought 17 acres would create another major commercial center in this area and he would not support the motion as worded. Mr. McCann said he did not believe the area needed another commercial center, but the property might develop into some type of office use. Mr. Fisher said the Board had previously discussed this property at length. The Comprehensive Plan shows thiS area for five to ten dwelling units per acre with no commercial usage. He said.he is not willing to change what is shown on the zoning map because he thinks that the zoning map now conforms to recommendations of the Comprehensive Plan. At this time, the roll was called~, .and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Henley, Iachetta, McCann and MiSs Nash. Mr. Fisher and ~r. Lindstrom. The next item discussed was request from BMC Corporation for property near the Oak Hill Grocery Store and Oak Hill Trailer Park (Tax 76, Parcel 52L) off of Old Lynchburg Road. Mr. Tucker said the propo'sed zoning is R-4 and the existing zoning is R-3. Mr. Tucker said, as best he could determine, the R-3 classification was given to property in this area because it provided for the smallest lot size. That density could nov be created in this area today because there is no public water or sewage disposal available. The staff has looked at this request and feels that the R-4 surrounding this property might be extended so there would be one contiguous area of R-4. R-4 is on the higher end of low density residential uses in the urban area. R-4 would also match what is shown in the Comprehensive Plan. Miss Nash thew offered motion to grant the request. Miss Nash then asked the location of the trailer parkJ ~Mr. Tucker said it is located directly behind the C-1 zone at Oak Hill Grocery. Miss Nash asked if this is the Breeden property. Mr. Tucker said no; it is a small mobile home park of about six acres. Miss Nash said it seems that this whole area is ripe for development. She then asked if it is served with public water and sewer. Mr. Tucker said it is not, but that service can be extended into this area. Mr. Fisher said the biggest problem in the area is the road. Mr. Tucker said if Old Lynchburg Road is ever realigned, the area will be ripe for development. Miss Nash asked the types of houses that can be built 'under R-4 zoning, Mr. Tucker said it is a combination of styles such as quadraplexes, duplexes, single-family and townhouses, but public utilities are needed for R-4 density. Miss Nash said she did not feel that R-4 would do any good in that area and'felt it would be better to have a higher density if it were not for the road. Mr. McCann said that road has not improved much in the last 40 years. Mr. Lindstrom said if all the zoning shown on the existing map were good for the County, the Board would not have spent the last two year's trying to make it better. Mr. McCann sai'd he was not arguing for high density zoning because he does not think that a higher density will make the area develop any faster. Miss Nash then offered motion to accept the Planning Staff's idea for R-4 (but added that she feels it is a terrible idea). Dr. Iachetta seconded the motion which carried by the following recorded vote: AYES: Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and~Miss Nash. ~ NAYS: None. December 10, 1980 (Day Meeting) Mr. Lindstrom asked about the requests of Martin-Marietta. Mr. Tucker said the Board has dealt with questions of amendments to the text of the ordinance, but Martin-Marietta has also requested that the NR designation be placed on Tax Map 88, Parcel 13, which is land contiguous to their present operation at Red Hill. This parcel, although contiguous, is not now zoned M-2 as is their other property. Mr. Lindstrom asked if there is any reason why this parcel was excluded from the NR designation~ Mr. Tucker said only because it is not now zoned M-2. Dr. Iachetta asked if NR is consistent with the present use. Mr. Tucker said yes. Dr. Iachetta than offered~motion to designate.this parcel as NR. The motion was seconded by Mr. Henley and carried by the following recorded vote: AYES: NAYS: Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash. None. Mr. Tucker next mentioned request of Mr. Donald Reid (Tax Map 46,~Parcels 30 and 30A) because half of these two tracts is shown as part'of the Ho!lymead CommunitY and' the other half is.shown as RA. Mr. Reid has requested that all of his propertY'be sH~wn ~s p~rt of the Hollymead Community.. Mr. Tucker said that Jeffers°n Village is contiguous to the parcel Mr. Reid is asking to be added and the land extends all .the 'way~ to Route 649. 'Mr. McCann. said he felt Route 649 would be a better boundarY 'than a creek.~' Mr. Li~ndstrom said he remembered that there was another side to this issue when ~t was' discussed before. Mr. Tucker said that in order to develop on the other side of the stream, access would be needed to that part of the property. Dr. Iachetta said Mr. Reid's Property has a common boundary on both sides of the stream to the Hollymead Community so could be developed off of each side of that stream. Also there are two other streams in that area ~that run at right angles to the Hotlymead boundary. Mr. Tucker said this particular stream was chosen to be the boundary because it is significant .enough to show' on CountY 'tax m~Ps · Dr. Iachetta ~aid the other streams show on the U.S.G.S. maps and form fairly'major, natural valleys. Mr. Fisher said if the Hollymead boundary were extended to Route 649 it would increase the size of the'Community by 20 to 30%. Mr. Fisher said this is the third time the Board has discussed this request, and he felt it was time to move forward. At this point, Dr. Iachetta, offered motion to use one of the streams to the east, which shoW on the U.S.G.S. maps, as the Hollymead boundary. Mr. Tucker said for zoning purpOses, a definitive line should be followed: property lines; natural boundaries; things which show on the tax maps. If the idea is to use an east/weSt stream, it would be better to follow property lines. Mr. Fisher asked if this motion would be to folIow just the property line of Mr.' Reid's property. Mr. Tucker said the request is specifically for Mr. Reid's property, but the stream does follow some other property lines. Dr. Iachetta said since there was no support for his motion, he would Withdraw same. · Mr. Fisher suggested that the Board return to a discussion of the Cogan proPerty On Route 250 East. Mr. Henley then offered motion to reconsider his originaI motion to designate this property as HC. THe motion'was seconded by Dr. Iachetta and carried by the following recorded vote: AYES: NAYS: Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash. None. Mr. Fisher declared Mr. Henley,s original motion on the floor and asked if there was any further discussion by Board members. Dr. Iachetta said he does not feel that the location of this property makes the property correct for RA zoning. Mr. Lindstrom sa.id this property is like a lot of other property which had commercial zgning, but no com- mercial usage. Mr. Henley said he did not think that a'lot of property owners had made an investment to improve the property for commercial use. Mr. Lindstrom said a lot of people would say that paying taxes on the p~operty is an investment. Mr. Henley said he thinks this owner bought the property with the B-1 zoning already in place. Mr. Fisher said from Mr. Cogan's standpoint that is important, but under the qUestion of land use in general, when Mr. Cogan bought the property and the zoning that was in place at that time is not important. Mr. Lindstrom said he did not believe adoption of the zoning map will be the end of this process; there will be continual adjustments to the map. At the Board's level, attention needs to be paid to'planning aspects Since the Board does not have a planning staff report on this property, there is a lot of informati0n that the Board does not have. Mr. Henley said the Board should consider the closeness of this property to the interstate and other highway commercial uses which surround it. At this point, Mr. Fisher called for a vote on the motion, which failed by the following vote: AYES:' Messrs. Henley, Iachetta and McCann. NAYS: Mr. Fisher, Mr. Lindstrom and Miss Nash. At 3:24 P.M., the Board recessed and reconvened at 3:35 P.M. Mr. Fisher noted new draft of the RA District (Section 10) which has been modified according to instructions given at the December 3rd work session. Mr. Henley said he did not like the division rights of a parcel of 42 acres Or greater.. (Example: Seven lots could be divided out of a 42 acre parcel, but if the parcel contained 42 1/2 acres, only two lots would be granted.) He felt a certain number of divisions by right should be allowed up to 42 acres, then as many. lots as C0Uld be divided by 21 or whatever figure.the Board arrives at. Dr. Iachetta said he had the same thought and asked the Planning Staff to draft a new proposal. He then handed out copies of the proposal Which would establish'only two categories. (Example: Up to 21 acres, the acreage could be divided into three-acre parcels; if an internal road is provided, acreage could be divided into a two-acre density, and the staff would approve that division. Ail acreage in the same parcel remaining after the division of the first 21 acres could be divided by 21.) Mr. Lindstrom disagreed that that concept is what the Board had discussed. He said the Board had at one time discussed having two-acre parcels with a top limit of five divisions. This proposal goes back to the same recordkeeping problems which the Board has discussed many times and also expands the number of lots by right from five to seven. Dr. December 10, 1980 (Day Meeting) Iachetta's proposal would allow the first 21 acres in a parcel to be divided, using bonus provisions, into ten lots and the balance of the parcel could be divided into 21-acre parcels. Mr. Lindstrom said this proposal is more liberal then other proposals the Board has discussed, and he was not in favor of the proposal. Mr. McCann said he felt this proposal was better than the one discussed by the Board bast week. Mr. Lindstrom asked if there were a new reason for this proposal. Dr. Iachetta said he was basically trying to simplify things. Mr. Lindstrom said this proposal causes more recordkeeping than the last proposal. Mr. Fisher asked if an owner wanted to cut off one, three-acre parcel if he would have to define exactly where on the larger parcel he wanted to develop his 21 acres since he felt these divisions might occur over a period of years. Mr. Tucker said that is the reason for the recordkeeping. Mr. Lindstrom said he would prefer to go back to the proposal that went to public hearing (five lots, two-acre minimum, by right) and add a provision that parcels of 21 acres or greater are exempt from the ordinance. Mr. Henley said the proposal discussed last week would require a spec~ial permit for family divisions unless 21 acres were being given away. Dr. Iachetta asked what happens to family divisions under these proposals. Mr. St. John said that question has not been answered. He feels that the family division provision only applies to the SubHivision Ordinance, but he believes that the Legislature meant it to apply to zoning situations. Mr. St. John said if the Board takes the position that the zoning ordinance does not apply to family divisions, then such divisions would not have to comply with any minimum lot size. If that is not what the Board intends to do, it can be spelled out that a two-acre lot can be cut off for any family member. Mr. Lindstrom asked if one of the proposals discussed contained a provision for family divisions. Mr. Tucker said it did, but was deleted because it was felt that five, two-acre lots by right could be used for family divisions. Mr. He~ley said he felt the minimum lot size should be two acres instead of three acres. Mr. Lindstrom said he felt Dr. Iac~etta's idea in allowing three-acre lots by right, and lowering that figure to two-acre lots by using a bonus, is to give an incentive so people will not strip roads. Dr. Iachetta said that was correct.~ Mr. Lindstrom then suggested that the Board use the proposal from last week and add the family division provision to the 42 acre or greater situation. Mr. McCann said he_was not in favor of allowing seven to ten lots using bonuses on small parcels, and restricting persons with large parcels to 21-acre divisions. He felt a number should be applied by right across the board. Mr. Lindstrom said he was in favor of 21-acres across the Board, but he did not feel the other Board members were in favor of this suggestion. Mr. McCann said he did not think land could be preserved using three-acre lots. Also, at one time the Board had proposed having 120 feet of road frontage, and that figure is now proposed for 150 feet. This provision is hard on working people because it raises the cost of a lot. Dr. Iachetta said it is time to recognize that there are two aspects to this proposal. One aspect has to do with preserving forestry and agricultrual lands and the second aspect is to direct growth to where services, not only water and sewer, but schools and roads can be provided, because these items require the use of public funds. Mr. McCann said he felt this burden would be on the taxpayers who want to live on the land and he feels that if they want better services, they will be willing to pay increased taxes to get them. However, if the minimum road frontage is doubled, the Board is limiting the number of lots the working people in the County can afford. Mr. Fisher said'there are already a number of parcels of 21 acres or less of record in the County that could be divided under Dr. Iachetta's proposal and Category I would not have much of an effect on the stripping of highways or the creation of small lots. If the parcel size in Category I were reduced, it would have the effect of reducing the number of lots by right, and that coupled with the family division procedure might meet some of the concerns of people who want to leave a parcel to a family member. Using parcels of ten-acres or less, with the bonus provisions, would still give five lots, which is similar to the provision which went to public hearing. Mr. Lindstrom asked the exempt size lot Mr. Fisher was suggesting. Mr. Fisher said he found no fault with a 21 or 25 acre exclusion, but the number of lots by right seems great. Mr. Henley said if the Board is going to use 21 acres as a base figure, he would rather have a two-acre lot size. Mr. McCann said he has talked to a number of property owners in the County and basically they want to have something by right regardless of the size. Dr. Iachetta suggested that the Board stick with the 21 acre provision and give five lots by right on any parcel up to 21 acres. He said if a property owner wanted more than that density would allow, he would then have to bring in a plan for that 21 acres. Any acreage over 21 could then be divided into multiples of 21. This would create a better situation by inducing the landowner to bring in a plan which could be approved by the staff without going through a long process of hearings. Mr. Lindstrom said the only difference between this proposal and Mr. Fisher's is that instead of two-acre lots, the lots would be four-acres. Dr. Iachetta said that was correct, but the landowner would have the option of getting a few more lots by improving other problems such as the cutting of~ road frontage. Mr. McCann said he did not like this proposal because he feels it makes it-too hard on people who need a house and can't afford one now. Dr. Iachetta said his proposal is essentially the same as the one presented by the Albemarle Taxpayers Association, except that the Association had proposed five-acre lots. Mr. McCann said he had not liked that proposal either. He said he could almost go along with Dr. Iachetta's idea today if some of the special use provisions were eliminated. He said he does not like to see everything wind up in the political arena. Mr. Lindstrom said if the Board followed Dr. Iachetta's proposal of today, the number of lots by right would be doubled. This just makes more liberal what he has thought was already overly liberal. Miss Nash said if an owner has used up his five two-acre lots on the first 21 acres, he cannot redivide, so what the Board is trying to do is arrive at a figure under 21 for planning purposes. Mr. Lindstrom said there are basically three proposals before the Board at this time. One is the proposal that went..to public hearing, second is the proposal from last week, and third is Dr. Iachetta's proposal of today. Mr. McCann said he does not agree with the 21 acre break point. He had received a call from a landowner who said he could not make a living on 21 acres of land. Mr. Fisher said that is not what the State says. Dr. Iachetta said he could take a 21 acre parcel, put trees on 20 acres and enjoy a nice tax credit on that land. Mr. Lindstrom said he does not believe private property owners in the County have done anything in the way of planning since adoption of the first zoning ordinance more than ten years ago. December 10, 1980 (Day Meeting) Miss Nash asked if Mr. Lindstrom would agree that parcels above 21 acres will be exempt from the provisions of the zoning ordinance. Mr. Lindstrom said yes. M±ss Nash suggested that the Board start at that point, and decide on the smaller lot size. Mr. Lindstrom suggested tha~ the Board basically adopt what went to public hearing (five, two- acre lots by right, regardless of the size Of the parcel) and exempt parcels in, excess of 21 acres. Mr. Lindstrom said he likes this proposal less than the one proposed last week, but he feels it is important to get something adopted. Miss Nash asked what would happen if a person had a 25 acre parcel. Mr. Lindstrom said it could be divided-into five, two- acre lots. Dr. Iachetta added "and the residue." Mr. Fisher said that is a matter of definition. Mr..Lindstrom said there would be no provision for family divisions-because there would now be smaller lots by right. Mr. Lindstrom then offered MOTION that for the RA zone, the proposal that went to public hearing be used, and that an exemption be added for creation of any parcel 21 acres in size or greater. Mr. Henley said he felt it would be worthwhile if an owner clustered the~'houses and put them on an internal road and by doing so be allowed as many as eight lots~ Mr. Lindstrom said he would be concerned about applying this provision across the board because of the number of parcels of record at this time. Mr. Lindstrom then explained his motion by saying that every parcel in existence at the date of adoption~ of this ordinance may be divided, by right, into five parcels with a minimum lot size of two acres and in addition to that, parcels can be created that~are 2t acres or over, by right. Miss Nash said she would like to turn the motion around~as~an AMENDMENT and say-that any piece of land which can be divided into 21 acres or more may be so divided by right, but any lot under 21 acres may be divided only into a maximum of five lots, with a minimum of two acres per lot. Mr. Lindstrom said he was not sure that what Miss Nash said is what she meant, and suggested that he REWORD his motion to say, parcels can be created 21 acres or greater in size by right; in addition, each parcel in existence at the date of the adoption of the ordinance can be divided into as many as five lots with a two-acre minimum lot size, up to five lots. Mr. Ron Keeter said he did not believe the proposal would work with that wording and felt the motion should be worded to say there would be four lots and the residue, or five lots and the residue. If you just say five lots, then there is no residue to divide by 21. Mr. Lindstrom said he felt everyone would agree that the intent of the discussion is to have five, two-acre lots or greater and the residue. Mr~ St. John said if the Board intended to adopt the proposal that went to public hearing., there were several pages Of wording in that proposal, and if just a few words are picked out and adopted, then 'there is not a fleshed-out ordinance. Mr. Lindstrom said he was suggesting that the Board take the words in the copy of the ordinance that went to public hearing, and the only exemption in addition to the ones listed in that proposal, is for the creation of parcels of 21 acres or greater. Otherwise, the proposal would stay the same. Mr. St. John said if that is the' ±ntent, he falt that would be a better motion then trying to paraphrase all of the page's. Mr. Lindstrom RESTATED that the Board take the proposal that went to public hearing (on pages 99-104 of the copy with the green cover, marked "amended by the Board of Super- visors through October 29, 1980) and the only change in that proposal is that th~ere is an exemption for parcels of 21 acres or greater; you can create as many 21 acre parcels or greater-, by right, as your parcel will permit. Miss Nash asked if there was anything in thi's section that says ~the 21 acre parcels created cannot be resubdivided. Mr. St. John said they can be resubdivided as long as not more than five, two-acre parcels are created out of the total tract. Mr. McCann said if that is the way the proposal is worded, he could go along with it. Mr. Lindstrom said that is where the recordkeeping problem comes in, but said he intended that a development right could be transferred to a new parcel as long as the number of lots is not multiplied. Mr. Fisher than asked for a RESTATEMENT of the motion. Mr. Lindstrom said his MOTION is that the thing stay exactly as it is with the provision that you can create by right parcels of 21 acres or greater. Miss Nash asked if that meant that a lot cannot be resubdivided. Mr. St. John said he would question what rational basis such a statement would be based on. Mr. Lindstrom said he would EX?LAIN the~MOTION again. He said that all it means is that you cannot multiply. If you have 210 acres, you can lop off ten, 21 acre parcels by right, but you have to allocate the five lots amongst those ten parcels somehow. The five lots can all be allocated to one of the new parcels, but you are not saying that you can take the five and multiply that number by the ten new parcels created. Dr. Iachetta said the Board is back to the same hassle it had before. Somebody has to decide where the five lots by right will be used. Mr. Lindstrom said that has' been true of every proposal Dr. Iachetta has made thus far. Mr. St. John said if no records are kept, it is left as a race to the Clerk's Office as to who-can divide his parcel first. Dr. Iachetta said that one of the things he has been trying to do with the changes he has suggested is to reduce the amount of reCordkeeping. After today, he feels he has made it worse. Mr. Lindstrom asked Miss Nash if she had not seconded his motion. Miss Nash said she would be glad to if the Chairman would clarify the motion. Mr. Fisher said he had said before the public hearing that he felt the Board would be looking for an exemption for lots above a certain size. He said he feels that 'however any parcel is divided, the owner will have the right to five development lots, with a minimum size of two acres and any division over 21 acres will be exempt. At the same time, somebody will have to put down on the plat where the development rights will go. Mr, St. John said that procedure has not been spelled out at this time. Mr. Henley said he felt this could be worked out since an owner must go the Planning Department to get subdivision approval. He added.that he felt it would be advantageous to cluster and put in internal roads. At this point, Miss Nash SECONDED the motion. She added that she is worried about the right to resubdivide lots over the first 21 acres. Mr. Lindstrom said the original parcel holder will not be able to create more than the five, two-acre 'lots by right. Dr. Iachetta clarified by saying that if a person had 42 acres, the property could be cut into two, 21 acre parcels and then the five lots by right could be assigned between those two parcels, but there could not be more than five divisions regardless. Mr. St. John said in order to do this, the Subdivision Ordinance would need to be amended to say that no' plat can be recorded and no division of land can take place without a plat being presented to the Planning Office first. Mr. Lindstrom asked if the ordinance could be amended to require that every division of land has to be platted regardless of the size~of the division and then have the agent for the Board sign the plat to indicate that it had been reviewed to determine December i0, 1980 (Day Meeting) that a certain size parcel is exempt. The Clerk of the Circuit Court would then only have to check to see if the signature panel had been completed. Mr. St. John said there is another ramification which has not been discussed. Someone may eventually think a mistake has been made and want to change the allocation that divided a parcel in half. One owner may want to give his half back to the original owner and that cannot be done in the State of Virginia because that is a transfer of development rights. But, Mr. St. John said, he has not researched far enough to decide what a person would do at that point. Mr. Lindstrom said he felt that for the propert~y owners protection, the plat should be vacated at that point. He also added that if the other Board members felt he should compromise further on this proposal, his compromise is in not bringing up the proposal from a month ago. Mr. Tucker said he had hoped that amendments to the Subdivision Ordinance regarding the assignment of rights and the exempt size lots could have come about simultaneously with adoption of the Zoning Ordinance. Mr. St. John said the language for these amendments has not been completely drafted because the staff was not sure what the Board would enact in the Zoning Ordinance. Mr. Tucker said there may be quirks in the new Zoning Ordinance which the staff has not yet found, and he hoped the Board would be receptive to any amend- ments that may need to be made. Also, he was not sure that enforcement of the new ordinance will not occasion the need for additional staff in the Planning Department. Dr. Iachetta said it appears that the proposal discussed last week would be less complicated to administer. Mr. Lindstrom said he would prefer adoption of that proposal, but he did not think the other Board members would vote for it. Mr. McCann said he could not support the motion since it does not allow enough by right, He feels that the subdivision of land in the County could be handled through the Subdivision Ordinance without applying for a special use permit. He does not think that the preservation of farm land which has been discussed by the Board will take place under these regulations. He also has a problem with the mass downzoning of properties and the little pieces of RA land being left in the middle of high density and commercial properties. One of his main concerns is that this proposal will limit the workingman's possibility of owning land. He realizes that the Board would like to stop the stripping of roads by requiring internal road systems, but since there is not enough money to maintain existing roads, he feels it would be best to use existing roads and not add more roads that cannot be taken care of. Mr. Fisher said he felt all Board members have been struggling with how to deal with a lot of conHlicting goals. Mr. Fisher said he has not heard any proposals that will protect agricultural land. One way to do that would be to have no subdivision of land by right, but no member of the Board has said such a provision would be supported. Mr. McCann said he feels that if the land is valuable for agricultural use, it will be used in that way. There is a lot of open land out in the County. The Board is probably going too far in its effort to control something people have not been able to hold on to, or have not been able to make a living on. Mr. Lindstrom sa±d that one of the problems, on a national level, is that when rural lands are divided into residential lots, it pushes prices up to a point where farm operators cannot afford to buy the land needed for their operations. He personally does not think that this proposal goes far enough to eradicate that problem. This proposal will provide people with a way to sell off a few lots when times are tough, but does not go far enough. He said it addresses a number of needs, although it is not as restrictive as he would like to see, since it is a compromise. Mr. McCann said if the problems are solved in the rural areas, it will cause problems in the urban area when people are squeezed into that area. Dr. Iachetta said there is another aspect of zoning which the Board has not discussed. In the urban area, villages and communities, when a persons wants to change the use of his land to a more intensive use, it is accepted that that person must apply for a rezoning of his land. But, that concept has not been accepted for property in the rural areas. Dr. Iachetta said he does not see why it should be any different in the rural areas. Mr. McCann said he still maintains that the people living in rural subdivisions help pay the bills, and if they want to live in a rural area he has no problem with that. Mr. McCann said the County is not servicing what is already in place in the rural areas except for schools. The roads are in poor shape and no one is making an effort to see that they are improved. Mr. McCann said he does not buy the argument that just because people live in a certain area it costs more to operate the County. At this time, Mr. Henley offered a SUBSTITUTE MOTION that the Board grant a bonus of three lots if internal roads are used and the houses clustered. Mr. Fisher asked if Mr. Henley did not mean contiguous lots. Mr. Henley said yes; maybe grouped would be a better word. Mr. McCann said he could see that this might work on ~a large tract, but on a small parcel, three additional lots does not give much of an incentive for someone to put in internal roads. Mr. Lindstrom said this would create a 60% increase in density. Mr. Fisher said he had struggled with the bonus provisions in the rural areas and finally became convinced that it was an incentive to development that did not seem appropriate to an area where the Board is trying to discourage development. Mr. Henley said he feels it will make some people who have 100 acres cluster the five lots in one area and use the balance of the land for farming. Otherwise, they may want to cut the property into 21 acre lots. Miss Nash then SECONDED THE SUBSTITUTE MOTION. Mr. Lindstrom said this motion just trades a fear of road stripping for a 60% increase in traffic. Dr. Iachetta said it would still create a safer situation than having the entrances to five lots strung out along the road. Mr. McCann said he would still prefer that this be handled through the Subdivision Ordinance. With the criteria in the zoning ordinance, there won't be that many subdivisions in the County and that would end the worry about all of the recordkeeping. At this time, Miss Nash called for the question, and the substitute motion failed by the following recorded vote: AYES: Mr. Henley, Dr. Iachetta and Miss Nash. NAYS: Messrs. Fisher, Lindstrom and McCann. The original motion being before the Board, Miss Nash called for the question, and the motion passed by the following recorded vote: AYES: Messrs. Fisher, Henley, Iachetta, Lindstrom and Miss Nash. NAYS: Mr. McCann. 479 December 10, 1980 (Day Meeting) Mr. Fisher asked if there were any other aspects of the zoning ordinance or zoning map that the Board had not dealt with thus far. Mr. Tucker said he was not .sure if the Board intended to discuss some of the items in Mr. Chuck Rotgin's letter of November 21, 1980. Dr. Iachetta said he had asked a question last week about Mr. Rotgin's suggestion that the distance in residential areas for parking provided in bays be increased from 100 to 200 feet. Mr. Tucker said the provisions in the new zoning ordinance are the same provisions adopted by the Board a year or so ago as an amendment to the existing ordinance. There is a provision in the ordinance which allows the Planning Commission to waive the requirement and allow a 200 foot separation between parking bays and the building. Dr. Iachetta asked how Mr. Tucker felt about a 200 foot setback. Mr. Tucker said it might work in some areas, but where there are elderly residents, the Planning Commission has the right to require a closer distance. Mr. Fisher said the Board must adopt a new flood plain ordinance because the Federal insurance is running out. He Said if the Board is ready to take action to adopt a new ordinance and map, the Board needs a recommendation from the County Attorney regarding the applications which are already filed and awaiting hearing under the existing ordinance. Mr. St. John said that any application which has been approved has a right to proceed, including preliminary site plans and subdivisions, if they proceed to obtain final approval in due course. Site plans and subdivision applications which have been filed, but on which no action has been taken, are subject to the new ordinance. If the effective date of the new ordinance is placed at some future date, plats and plans which have been filed or which will be filed in the interim, are entitled to processing with ordinary dispatch under the old ordinance. Mr. Fisher said the Board could adopt the flood plain provisions as an emergency ordinance and schedule same for a public hearing at a later date. Mr. St. John said the Board has already had a public hearing on the entire ordinance, of which the flood plain provisions are a part, so these provisions could be enacted today as an amendment to the old ordinance. Mr. Fisher asked how the Board wanted to proceed. Miss Nash then offered MOTION to adopt the zoning ordinance with the minor changes made today. The motion was seconded by Mr. Lindstrom. Mr. Chuck Rotgin then stood to ask if the Board was going to discuss any of the requests in his letter. Mr. Fisher said the definition of "family" was amended last week. He said there will probably be further amendments to the ordinance as t±me passes. Mr. Rotgin suggested that his suggested amendments be discussed at this time. Mr. Fisher said there is a motion on the floor to adopt the ordinance and map effective today. Mr. Tucker said the staff had discussed the alternative that if the ordinance is adopted effective this date, the Board could state in its motion that any application submitted as of today would be considered under the old ordinance. Mr. Lindstrom said that was not the intent of his second. Miss Nash asked why these words should be added. Mr. Tucker said there have been many applications filed which will not be heard by the Planning Commission until next week, and those applications will have to start over. Mr. Lindstrom said this is his intent. Mr. St. John said some of those applications will have vested rights, and these things will have to be decided on a case by case basis. Mr. Henley asked if the Board was going to vote on adoption of the ordinance and the map in the same vote. Mr. Fisher asked if these two items had to be considered in the same vote. Mr. St. John said no. Miss Nash said the intent of the motion was to vote on the map and the ordinance together. Mr. Henley said he can support the ordinance, but cannot support the map. Mr. Lindstrom suggested that the vote be split. Miss Nash then offered MOTION to adopt the zoning ordinance with the changes made today. The motion was SECONDED by Mr. Lindstrom. Mr. McCann said he has indicated before that he cannot support the ordinance because he feels it is too restrictive. He had thought at the beginning of this meeting that the Board was about to arrive at a com- promise on the RA district so that he could vote for the ordinance, but the compromise has gone the other way again, and he will not support the ordinance. At this point, the roll was called, and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Fisher, Henley, Iachetta, Lindstrom and Miss Nash. Mr. McCann. Miss Nash then offered MOTION to adopt the zoning map with the changes made today. The motion was SECONDED by Mr. Lindstrom. Mr. Henley said there are some things on the map which he cannot accept, and he did not believe the world would come to an end if he voted against it. Mr. McCann agreed with Mr. Henley. The roll was called and the motion carried by the following recorded vote: AYES: NAYS: Messrs. Fisher, Iachetta, Lindstrom and Miss Nash. Mr. Henley and Mr. McCann. (NOTE: THE ZONING ORDINANCE, AS ADOPTED, IS SET OUT IN FULL ON THE FOLLOWING PAGES.) 1.0 1.2 1.3 1.4 1.4.1 1.4.2 1.4.3 1.4.4 1.4.5 1.4.6 1.4.7 1.4.8 1.5 1.6 ARTICLE I. GENERAL PROVISIONS AUTHORITY, ESTABLISHMENT, PURPOSE, AND OFFICIAL ZONING MAP AUTHORITY AND ENACTMENT This ordinance, to be cited as the Zoning Ordinance of Albemarle County, is hereby ordained, enacted and published by the Board of Supervisors of Albemarle County, Virginia, pursuant to the provisions of Title 15.1, Chapter 11, Article 8, Code of Virginia, 1950, and amendments thereto. AMENDMENT TO ADOPT An ordinance to reenact and readopt the Albemarle County Zoning Or~dinance and the Albemarle County Zoning Map. Be it ordained by the Board of Supervisors of Albemarle County, Virginia: That the following ordinance known as the Zoning Ordinance of Albemarle County, Virginia together with the Zoning Map attached thereto, be and the same are, readopted and reenacted effective immediately upon adoption of this ordinance. EFFECTIVE DATE, REPEAL OF CONFLICTING ORDINANCES This Zoning Ordinance of Albemarle County, Virginia, shall be effective at and after 5:15 P.M., the 10th day of December, 1980 and at the same time the Albemarle County "Zoning Ordinance" adopted December 22, 1969, as amended, is hereby repealed PURPOSE AND INTENT This ordinance, insofar as is practicable, is intended to be in accord with and to implement the Comprehensive Plan of Albemarle County adopted pursuant to the provisions of Title 15.1, Chapter 11, Article 4, Code of Virginia, 1950, as amended, and has the purposes and intent set forth in Title 15.1, Chapter 11, Article 8. Therefore be it ordained by the Board of Supervisors of Albemarle County, Virginia, for the purposes of promoting the health, safety, convenience, and general welfare of the public and of planning for the future development of the community, that the zoning ordinance of Albemarle County, together with the official zoning map adopted by reference and declared to be a part of this ordinance, is designed: To provide for adequate light, air, convenience of access and Safety from fire, flood, and other dangers; To reduce or prevent congestion in the public streets; To facilitate the creation of a convenient, attractive, and harmonious community; To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements; To protect against destruction of or encroachment upon historic areas; To protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, panic or other dangers; To encourage economic development activities that provide desirable employment and enlarge the tax base; and To provide for the preservation of agricultural and forestal lands. RELATION TO ENVIRONMENT This ordinance is designed to treat lands which are similarly situated and environm~ mentally similar in like manner with reasonable consideration for the existing use and character of properties, the Comprehensive Plan, the suitability of property for various uses, the trends of growth or change, the current and future land and water requirements of the community for various purposes as determined by population and economic studies and other studies, the transportation require- ments of the community, and the requirements for housing, schools, parks, play- grounds, recreation areas and other public services; for the conservation of natural resources; and preservation of flood plains and for the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the county. RELATION TO COMPREHENSIVE PLAN In drawing the zoning ordinance and districts with reasonable consideration of the Comprehensive Plan, it is a stated and express purpose of this zoning ordinance to create land use regulations which shall encourage the realization and implemen- tation of the Comprehensive Plan. To this end: Development is to be encouraged in Villages, Communities and the Urban Area~; special resources including but not limited to agricultural/forestal lands, flood plains, critical slopes, scenic roads, streams and rivers, and watersheds of water supply impoundments are to be conserved and/or protected; and development of Other Rural Lands is to be permitted at limited scales and rates. 481 ' December 10, 1980 (Regular Day Meeting) 1.7 1.8 2.0 2.1 2.1.1 2.1.2 2.1.3 2.1.4 2.1.5 OFFICIAL ZONING The unincorporated areas of Albemar.le County, Virginia, are hereby divided into districts, as indicated on a set of map sheets entitled "Zoning Map of Albemarle County, Virginia!' which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance. The Zoning Map shall be identified by the signature or the attested signature of the Chairman of the Board of Supervisors, together with the date of adoption of this ordinance. The zoning administrator shall be responsible for maintaining the Zoning Map, which shall be located in his offices, together with the current zoning status of land and water areas, buildings, and other structures in the county. The zoning administrator shall be authorized to interpret the current zoning status of land and water areas, buildings, and other structures in the county. No changes of any nature shall be made on said Zoning Map or any matter shown thereon except in conformity with the pr.ocedures and requirements of this ordinance. It shall be unlawful for any person to make unauthorized changes on the official Zoning Map. Violations of this provision shall be punishable as provided in section 37.0. CERTIFIED COPY, FILING A certified copy of the Zoning Ordinance and Zoning Map of Albemarle County, Virginia, shall be filed in the office of the zoning administrator and in the office of the Clerk of the Circuit Court of Albemarle County, Virginia. APPLICATION OF REGULATIONS APPLICATION OF DISTRICT REGULATIONS The regulations set by this ordinance within each district shall be minimum or maximum limitations as appropriate to the case and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided: USE, OCCUPANCY AND CONSTRUCTION No building or structure or part thereof shall hereafter be constructed or land used except in conformity with all of the regulations herein specified for the district in which it is located, except as provided in section 6.0. HEIGHT, BULK, DENSITY, LOT COVERAGE, YARDS AND OPEN SPACES No building or other structure shall hereafter be erected or altered: a. To exceed the height or bulk; To accommodate or house a greater number of buildings, families or to have greater floor area; c. To occupy a greater percentage of lot area; To have narrower or smaller rear yards, front yards, side yards, or other open areas than herein required; or in any other manner contrary to the provisions of this ordinance. ~REQUIRED YARD, OPEN SPACE; AREA, PARKING OR LOADING SPACE FOR ONE STRUCTURE, OR USE, NOT TO BE USED TO MEET REQUIREMENTS FOR ANOTHER No part of a yard, or other open space, area, or off-street parking or loading space required about or in connection with any building for the purpose of complyin~ with this ordinance, shall be included as part of a yard, open space, area, or off-street parking or loading space similarly required for any other building. REDUCTION OF LOTS OR AREAS BELOW MINIMUM PROHIBITED No lot or parcel(s) existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein except for the purpose of meeting or exceeding standards set forth herein. Lots or parcel(s) created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance. REDUCTION OF YARDS BELOW MINIMUM No yard existing at the time of passage of this ordinance shall be reduced in dimension below the minimum requirements set forth herein, unless such yard requirements reduce the buildable area to unreasonable dimensions. In such cases, the hoard of zoning appeals shall determine the minimum requirements consistent with provision of adequate light and air, prevention of loss of life, health, or property from fire or other dangers, and prevention of danger in travel. Yards created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance. 2.1.6 2.2 2.2.1 2,2.2 2.2.3 2.3 2.4 2.4.1 2.4.2 2.5 3.0 REDUCTION OF REQUIRED OFF-STREET PARKING OR LOADING SPACE No existing off-street parking or loading space, and no off-street parking or loading space hereafter provided, which meets all or part of the requirements for off-street parking or loading space set forth in these regulations, shall be reduced or eliminated so that resulting reduction results in area not meeting requirements or standards contained herein. Reductions may be permitted where spaces are no longer required by these regulations or alternative spaces meeting the requirements of these regulations are provided. CLUSTER DEVELOPMENT DENSITY Unless precluded by other applicable regulations, the maximum number of lots within a cluster development shall be determined by multiplying the number of acres in the parcel by the permitted density within the applicable zoning district MINIMUM NUMBER OF LOTS Cluster developments shall consist of at least three (3) lots for dwelling units, except that the commission may permit a lesser number of such lots if they form a logical extension and/or addition to an existing cluster development. MINIMUM OPEN SPACE REQUIRED Except as otherwise provided in the PRD and PUD districts, a minimum of twenty-fiw (25) percent of the total land area of the cluster development shall be in open space, subject to section 4.7, regulations governing open space. CONFLICTING ORDINANCES Whenever provisions within this ordinance conflict with any local, state or federal statute or regulation with respect to requirements or standards, the most severe or stringent requirement or standard shall prevail. For purposes of this section, any proffer heretofore accepted by the board of supervisors in accordance with section 15.1-491.1, et seq., of the Code shall be continued in effect and shall be construed to be a "local regulation" until amended or varied by the board of supervisors in accordance with law, regardless of the repealer of any previous zoning ordinance. INTENT OF BONUS FACTOR PROVISIONS The provision of bonus factors is intended to encourage development which reflects the goals and objectives of the comprehensive plan. To this end, bonus factors are based on development standards as recommended by the comprehensive plan. APPLICATION OF BONUS FACTORS Bonus factors shall be applied to the gross density-standard level in accordance with the regulations of the applicable district. Unless otherwise specifically provided, bonus factors shall not be permitted for any improvement or design feature required by this ordinance, Chapter 18 of the Code of Albemarle, or any other applicable law or regulation. Where permitted, bonus factors shall be applied in toto only. PROCEDURES--GENERALLY Bonus factors may be applied at the time of subdivision or site development plan approval, whichever is applicable. The applicant shall submit preliminary plats or site development plans which shall be of sufficient detail to permit prelim- inary determinations of probable bonus factors by the staff. HEALTH REGULATIONS; LOT SIZE Notwithstanding provisions of individual zoning districts for permitted minimum lot sizes under standard, cluster and/or bonus alternatives for single-family dwellings, no building permit shall be issued unless the local office of the Virginia Department of Health shall approve the location and area for both original and future replacement septic disposal fields where public sewer is not reasonably available (reference 4.1). In a cluster development, open space may be used for septic field location only after the septic field locations on such lot are determined to be inadequate by the local office of the Virginia Department of Health. DEFINITIONS Abattoir: A commercial slaughterhouse. Accessory Use Buildings or Structure: A subordinate use, building or structure customarily incidental to and located upon the same lot occupied by the main use or building. Administrator (Zoning), The: The official charged with the enforcement of the zoning ordinance pursuant to section 15.1-491(d) of the Code. December 10, 1980 (Regular Day Meeting) A~ricultural Service Occupation: An occupation in which skill and expertise in some agriculturally related field are applied to the service of others engaged in agriculture; provided that sales of goods shall be limited to those incidental to the performing of a service. Agriculture: The tilling of the soil., the raising of crops, horticulture, forestry, and gardening including the keeping of animals and fowl, and including such agricultural industries or businesses as fruit packing plants, dairies, orchards, nurseries, wayside stands, or similar uses. Aircraft, Light: Aircraft not exceeding twenty-five thousand (25,000) pounds in gross weight. Alteration: Any change in the total floor area, use, adaptability, or external appearance of an existing structure. Apartment House: A multiple-family dwelling. Automobile Graveyard: Any lot or place which is exposed to the weather upon which are located more than two (2) inoperable vehicles of any kind. Basement: A story having part but not more than one-half (1/2) of its height below grade. A basement shall be counted as a story for the purpose of height regulations if it is used for business purposes, or for dwelling purposes by other than a janitor employed on the premises. Board of Supervisors: The governing body of Albemarle County, Virginia. Boarding House: A building arranged or used for lodging, with or without meals, for compensation. Building: Any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels. Building, Height of: The vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of the structure to the highest point of the roof if a flat roof; to the deck line of a mansard roof; or the mean height level between the eaves and ridge of a gable, hip or gambrel roof. For buildings set back from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building. Building, Main: The principal building or one of the principal buildings on a lot, or the building or one of the principal buildings housing the principal use on the lot. Camp, Boarding: As for day camp except that uses and structures for the lodging of guests shall be permitted in locations appropriate for extensive outdoor recreation. Camp~ Day: A lot, tract or parcel of land operated as either a commercial or noncommercial enterprise in which seasonal facilities are ~rovided for all or any of the following: camping, picnicking, boating, fishing, swimming, outdoor games and sports and activities incidental and relating to the foregoing, but not including miniature golf grounds, golf driving ranges, mechanical amusement device, or permanent ~structures for housing of guests. Carport: Any space outside a main building and contiguous thereto, wholly or partly covered by a roof, and used for the shelter of motor vehicles. An unenclosed carport is a carport with no side enclosure that is more than eighteen (18) inches in height, exclusive of screens (other than the side of the building to which the carport is contigumm~).~ Cellar: A story having more than one-half (1/2) of its height below grade and which may not be occupied for dwelling purposes. Cemetery: A place for burial of the dead. Central Sewerage System: A sewerage system consisting of pipelines or conduits, pumping stations, force mains or sewerage treatment plants, including, but not limited to, septic tanks and/or drain fields, or any of them, designed to serve three (3) or more connections, used for conducting or treating sewage which is required to be approved by the board of supervisors pursuant to Title 15.1, Chapter 9, Article 9 of the Code. Central Water Supply: A water supply consisting of a well, springs, or other source and the necessary pipes, conduits, mains, pumping stations and other facilities in connection therewith, to serve or to be capable of serving three (3) or more connections which is required to be approved by the board of supervisors pursuant to Title 15.1, Chapter 9, Article 7 of the Code. Code~ The: The Code of Virginia as the same may be amended from time to time. Commission, The: The Planning Commission of Albemarle County, ¥irginia. NOTE: "Club" on next page Cluster Development: An arrangement of structures on adjoining lots in groupings allowing closer spacing than would be generally permitted under ordinance require- ments for lot widths or area with the decrease in lot width or area compensated by maintenance of equivalent open space either elsewhere on t~he lot or in the form of common open space. December 10, 1980 (Regular Day Meeting) Common Open Space: An open tract or parcel of land not devoted to residential uses or structures but directly related and adjunct to a cluster development or planned development, as herein provided, and owned and/or controlled by the residents of such development. See "Open Space". Community Center: A building, group of buildings or other place designed and/or~ used for the cultural, educational and/or recreational activities of the inhab- itants of a definable geographic area and not operated for profit. Club: Any nonprofit organization organized and operated to provide facilities for dining, golf, tennis, swimming and/or other similar activities to its private self-perpetuating membership. Connection, Water or Sewer: The provision of water and/or sewerage services to any dwelling unit or commercial or industrial establishment. Country Store: A retail store, the ground floor area of which is four thousand (4,000) square feet or less and which offers for sale a wide variety of goods. Craft Shop: An establishment wherein hand-made goods are offered for sale. Dairy: A commercial establishment for the manufacture and sale of dairy products. Day Care~ Child Care or Nursery Facility: Includes the following: Day or Child Care Center: Any facility operated for the purpose of providing care, protection and guidance to a group of children separated from their parents or guardian during a part of the day only, except: l) a facility required to be licensed as a summer camp under sections 35-43 through 35-53 of the Code. 2) a public school or a private school unless it is determined that such private school is operating a child care center outside of regular classes. 3) a school operated primarily for the educational instruction of children from two (2) to five (5) years of age at which children two (2) through four (4) years of age do not attend in excess of six and one-half (6 1/2) hours per day. 4) a facility which provides child care on an hourly basis which is contracted for by a parent only occasionally. 5) a Sunday school conducted by a religious institution or a facility operated by a religious organization where children are cared for during short per~ods of time while persons responsible for such children are attending religious services. Nursery: An agency, organization, or individual providing daytime care of six (6) or more children not related by blood or marriage to, or not the legal wards or foster children of, the attendant adult. Nursery School: A school designed to provide daytime instruction for two (2) or more children from two (2) to five (5) years of age inclusive, and operated on a regular basis. District: Districts as referred to in section 15.1-486 of the Code. Dormitory: A space in a building where group sleeping accommodations are provided for persons not members of the same family group in one (1) room or in a series of closely associated rooms. Drive-in Theater: A theater so laid out that patrons can be accommodated while remaining in their automobiles. Duplex: A two-family dwelling or a series of attached single-family dwellings containing two (2) dwelling units. Dwelling~ Multiple-Family: A structure arranged or designed to be occupied by more than two (2) families, the structure having more than two (2) dwelling units. Dwelling, Single-Family.: A building containing one (1) dwelling unit. Dwelling~ Two-Family: A structure arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units. Dwelling Unit: A single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Eating Establishment: Any restaurant, coffee shop, cafeteria, short-order cafe,' lunchroom, luncheonette, hotel dining room, dinner theatre, tavern, soda fountain~ eating place or any other establishment maintained and operated where there is furnished for compensation, food or drink of any kind for consumption primarily therein; provided, however, that a fast food restaurant shall not be included within the meaning of this definition, and that a snack bar or refreshment stand at a public or nonprofit recreational facility, operated solely by the agency or group operating the recreational facility, and for the convenience of patrons of the facility, shall not be deemed to be an eating establishment. Entertainment which is provided for the enjoyment of the patrons shall be considered accessory to an eating establishment. 48'5 December 10__~_~__1980 (Regular Da~ Meetin~) Dancing by patrons shall be considered as entertainment accessory to an eating establishment, provided the space made available for such dancing shall not be more than one-eighth (1/8) of that part of the floor area available for dining. Provisions for dancing made available under this definition shall be subject to the permit requirements of Chapter 3 of the Code of Albemarle. Eave: The lower portion of a roof that overhangs the wall. Family: An individual; or Two (2) or more persons related by blood, marriage, adoption, or guardian- ship, and/or not more than two (2) unrelated persons living together as a single housekeeping unit in a dwelling or dwelling unit; or For the purposes of this ordinance the following shall not apply to the R-i, R-2 and R-4 residential districts: a group of not more than six (6) persons not related by blood, marriage, adoption, or guardianship living together as a single housekeeping unit in a dwelling or dwelling unit. Fast Food Restaurant: A commercial ~establishment wherein food and/or drink are furnished for compensation primarily for consumption off the premises in disposable containers. Floor Area, Gross: The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls. The term "gross floor area" shall include basements; elevator shafts and stairwells at each story; floor space used for mechanical equipment with structural head room of six (6) feet, six (6) inches or more; penthouses, attic space, whether or not a floor has actually been laid, providing structural head room of six (6) feet, six (6) inches or more; interior balconies; and mezzanines. The gross floor area of structures devoted to bulk storage of materials, including, but not limited to grain elevators and petroleum storage tanks, shall be computed by counting each ten (10) feet of height or fraction thereof, as being equal to one (1) floor. The term "gross floor area" shall not include cellars, or outside balconies which do not exceed a projection of six (6) feet beyond the exterior walls of the building. Parking structures below or above grade and roof top mechanical structure are excluded from gross floor area. Floor Area, Net: The sum of the total horizontal areas of the several floors of all buildings on a lot measured from the interior faces of exterior walls and from the centerline of walls separating two (2) or more buildings. The term "net floor area" shall include outdoor display areas for the sale, rental and display of recreational vehicles, boats and boating equipment, trailers, horticultural items, farm or garden equipment and other similar products, but shall exclude areas designed for permanent uses such as toilets, utility closets, malls enclosed or not, truck tunnels, enclosed parking areas, meters, roof top mechanical structures, mechanical and equipment rooms, public and fire corridors, stairwells, elevators, escalators, and areas under a sloping ceiling where the head room in fifty (50) percent of such area is less than six~(6) feet, six (6) inches. Floor Area, Ratio: Determined by dividing the gross floor area of all buildings on a lot by the area of that lot. Frontage: The distance along which a parcel~ abuts an adjacent road. or street. Garage, Private: Accessory building designed or used for the storage of automobiles owned and used'by the occupants of the building to which it is accessorY. Garage, Public: A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling, or storing motor driven vehicles. ~ Golf Courses: Any golf course, publicly or privately owned, on which the game of golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges as defined herein. Golf Driving Range: A limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee. Governing Body: The Board of Supervisors of Albemarle County, Virginia. Guest Room: A room which is intended, arranged or designed to be occupied, or which is Occupied by one (1) or more guests paying direct or indirect compensation therefor~ ~ but in which no provision is made for cooking. Graveyard: See Cemetery. Group Home: A single'family dwelling occupied by an adult and his family and not more than eight (8) boys and/or girls unrelated to the adult under.the supervision of that adult. All such children shall have been previously placed in such home by order of a court or by agreement with their respective legal guardians. For purposes of this section, the term "family!' shall include the.spouse, parents, parent-in-law, and children of such supervising adult. Helicopter: A rot~rcraft which, for its horizontal motion, depends principally on engine driven rotors. ~_____December 10, 1980 (Regular Day Meeting) HeliPort: An area of land or water or a structure used or intended to be used for the take-off or landing of a helicopter. Helistop; Restricted Use Heliport: A heliport without such auxiliary facilities as waiting room, hangar, parking, fueling, or maintenance facilities. Hog Farm: A place where hogs are kept and raised primarily for Sale. Home Occupation~ Class A: An occupation conducted in a dwelling unit for profit in connection with which no person other than members of the family residing on the premises is engaged in such occupation. Home Occupation, Class B: An occupation conducted in a dwelling unit, with or without the use of one or more accessory structures, for profit, in connection with which there are employed not more than two (2) persons other than members of the family residing on the premises, which persons may be in addition to such family members. Home for Developmentally Disabled Persons: A building or group of buildings containing one (1) or more dwelling units designed and/or used for housing mentally retarded or otherwise developmentally disabled persons not related by blood or marriage. ~ Hospital' A building or group of buildings designed, used or intended to be used for the care of the sick, aged or infirmed, including the care of mental, drug- addiction or alcoholic cases. This terminology shall include, but not be limited to, sanitariums, nursing homes and convalescent homes. Hotel: A building containing six (6) or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests. Inoperable Vehicle: A motor vehicle, trailer, or attachment thereto, which is required by the State of Virginia to display current license plates and/or meet safety standards as evidenced by display of an approved inspection sticker, which vehicle, trailer, or attachment thereto does not display said license plates and/or approved inspection sticker. Junk Yard: Any land or building used for the abandonment, storage, keeping, collecting, or bailing of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of inoperable vehicles, machinery, or parts thereof. Kennel, Commercial: A place designed or prepared to house, board, breed, handle, or otherwise keep or care for dogs and/or cats for sale or in return for compensatic except as an accessory to a single-family dwelling. Livestock: Domestic animals normally raised on a farm such as draft horses, cows, swine, goats, sheep. Lot: A parcel of land either shown on a plat of record or described by metes and bounds or other legal description. Lot~ Corner: A lot abutting on two (2) or more streets at their intersection. The front of a corner lot shall be deemed to be the shortest of the sides fronting on streets except where existing development of such lot shall already have defined the front of such lot. Lot~ D~p~h'~o~: ThD au~ra~a,~ho~iz~on~al.>~Rst~ane'~ between the front and rear lot line~ ~ot., Double Frontage: An interior lot having frontage on two (2) streets. Lot, Interior: L6t, Width of: Any lot other than a corner lot. The average horizontal distance between side lot lines. Lot of Record: A lot, a plat or other legal description which is of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia. Manufacture and/or Manufacturing: The processing and/or converting of raw, unfinished materials, or products, or either of them, into articles or substances of different character, or for use for a different purpose. Medical Center: Establishment wherein medical care is provided on an outpatient basis, as distinguished from a hospital or a professional office. Mobile Home: An industrialized building unit constructed on a chassis for towing to the point of use and designed to be used, without a permanent foundation for continuous year round occupancy as a dwelling; or two (2) or more such units separately towable, but designed to be joined together at the point of use to form a single dwelling, and which is designed for removal to, and installation or erection on other sites. Mobile Home Lot: An area of land for the placement of a single mobile home and for the exclusive use of its occupants. Mobile Home Park: One (1) or more parcels of land in which rental lots are provided for mobile homes. Mobile Home Subdivision: A subdivision of land for the purpose of providing lots for sale for mobile homes. December 10 1980 (Re ular Da~ Meeting) Nonconforming Lot: An otherwise legally platted or otherwise described'lot that does not conform to the minimum area or width requirements of this ordinance for the district in which it is located either at the effective date of this ordinance or asa result of subsequent amendments to the ordinance. ],Nonconforming Structure: An otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage, or other area regulations of this ordinance, for the district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance. Nonconforming Use: The otherwise legal, use of a building or structure or of a tract of land that does not conform to the use regulations of this ordinance for the district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance. Nurser.y.: See "Day Care, etc." Nursery School: See "Day Care, etc." Office: A room or building in which a person transacts his business or carries on his stated occupation. Off-Street Parking Area: Space provided for vehicular parking outside of any public street right-of-way. Open Space: Land or water left in undisturbed natural condition and unoccupied by building lots, structures, streets, or parking lots except as otherwise specifica provided in section 4.7. Parapet: That part of a wall entirely above the roof. Patio HouSe~ Atrium House: A single-family dwelling having an open, landscaped courtyard partially or completely surrounded by living areas, which courtyard provides the main source.of light and air for such dwelling. Poultr.y.: Domestic fowl normally raised on a farm such as chickens,,ducks, geese, turkeys, Peafowl, guinea fowl, pigeons. Private School: Shall include private schools, colleges or universities, private instructional/training institutions. Professional Office: The office of a person engaged in. any occupation, vocation or calling, not purely commercial, mechanical or agricultural, in which a knowledge or skill in some department of science or learning is used in its practical application to the affairs of others, either advising or guiding them in serving their interests or welfare through the practice of an act founded thereon. Public Sewerage System: Any sewerage system consisting of pipelines or conduits, pumping stations, force mains or sewerage treatment plants, or any of them, operated by, for, Or under the authority of t~e Albemarle County Service Authority and/or the Rivanna Water and Sewer Authority. Public Utility: Any plant or equipment for the conveyance of telephone messages or for the production, transmission, delivery or furnishing of heat, chilled air, chilled water, light, power or water, or sewerage facilities, either directly or indirectly, to or for the public. Public Water Supply: A Water supply consisting of a well, springs, or other source and the necessary pipes, conduits, mains, pumping stations and other facilities in connection therewith, operated by, for, or under the authority of the Albemarle County Service Authority and/or~~ the Riva~na Water and Sewer Authority Residential Area (Gross): The total area of land and water within a residential development. Residential Area (Net): That area of land and water within a development designed for residential purposes and unoccupied by streets, open space, or parking areas, provided that individual private driveways acceSsory to residential uses shall not be considered streets or parking areas. Residential Density (Gross): The total number of dwelling units within a developmen' divided by the gross residential area and exprassed in dwelling units p~er acre. ReS~[ential Density (Net): The total number of dwelling units within a development divided by the net residential ~area and expressed in dwelling units per acre. Restaurant: Any building in which,'for compensation, food or beverages are dispensed primarily for consumption on the premises. (See also "Eating Establish' merit" ) Retail Stores and Shops: Buildings for display and sale of merchandise at retail or for the rendering of personal services, suc~ as the following, which will serve as illustration only and are not to be considered exclusive: drug store, newsstand, food store, candy shop, milk dispensary, dry goods and notions store, antique.store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barber shop and beauty shop. Road: See Street. ly · D ' Roof, Fake Mansard: A roof constructed in the fashion of a mansard roof, any portion of which extends below the intersection of the wall face and roof decking. Roof~ Mansard: A roof having two (2) slopes on all sides with the lower portion having a steeper slope than the upper portion. This definition shall apply to any roof having a flat upper portion, and sloped sides. Sanitary Landfill: A place for the disposal of solid wastes approved in accordance with the regulations of the State Board of Health. Sawmill, Permanent: A sawmill permanently located for the purpose of processing timber without regard to point of origination. Sawmill, Temporary: A portable sawmill located on private property for the processing of timber cut only from that property or from property immediately contiguous and adjacent thereto, or incidental processing of timber transported from other property. School of Special Instruction: cultural subjects. A school giving musical, dramatic, artistic and Setback: The distance by which any building or structure is separated from any street, road or access easement adjacent to the front line of the lot, parcel, or portion thereof on which such building or structure is located. Sign: Any display of any letters, words, numerals, figures, devices, emblems, pictures, or any part or combination thereof, by any means whereby the same are made visible for the purpose of making anything known, whether such display be made on, attached to, or as a part of a structure, surface or any other thing, including, but not limited to, the ground, any rock, tree, or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is made. A display of less than one (1) square foot in area is excluded from this definition. Sign~ Area of: The area of a sign shall be determined from its outside measurements including any wall work incidental to its decoration, but excluding supports, unless such supports are used to attract attention. In the case of a sign where lettering appears on opposite sides of the sign, the area shall be considered to be that of only one face. In the case of an open sign made up of individual letters, figures, or designs, the area shall be determined as if such display were made on a sign with straight lines or circular sides. Sign, Auction: A sign, not illuminated, advertising an auction to be conducted on or off the lot or premises upon which it is situated. Such signs may be erected not more than one (t) month before the date of the auction advertised and shall be removed within forty-eight (48) hours of its conclusion. Sign~ Business: A sign either free-standing or projecting or wall, which directs attention to product(s), commodit(ies) and/or service(s) available on the lot, premises, or farm upon which it is situated. Sign~ Directional: A sign, one end of which is pointed, on which an arrow is painted or otherwise indicates the direction to which attention is Called, not illuminated, four (4) square feet or less in area, giving the name only of a person(s), farm, business or other establishment. Sign, Free-standing: A business sign located upon a lot or parcel of ground within the required setback area, not attached to the main building. Sign~ General Outdoor Advertising: A sign, which directs attention to a product, commodity, or service not necessarily available on the premises, over one hundred (100) square feet. Sign, Home Occupation: A sign, not exceeding four (4) square feet in area, directing attention to a home occupation carried out on the premises. Sign~ Hunting, Fishing or Trespassing: A sign, not illuminated, one and one-half (1 1/2) square feet or less in area erected on the appurtenant premises solely as a warning or notice. Sign, Identification: A sign which identifies or otherwise describes the name, ownership or location on the lot or parcel of land upon which it is situated. Sign~ Illuminated: ^ sign, or any part of a sign, which is externally or internall illuminated or otherwise lighted from a source specifically intended for the purpose of such illumination or lighting. Sign, Location: A sign which directs attention to the approximate location of an establishment from which the advertised products, service or accommodation may be obtained and not situated upon the premises upon which such establishment is located. Sign, Political: A sign, not illuminated, two ~and one-half (2 1/2) square feet or less in area, presenting a candidate or issue, subject to a federal, state, or local government plebiscite. Such sign may be erected not more than one (1) month prior to the date of voting and shall be removed within ten (10) days thereafter. Sisn~ Pro~ecting: A business sign erected projecting perpendicularly to the building wall surface to which it is attached, no part of which is more than six (6) feet from the wall surface of the building on which it is erected. ,489 December 10 1 8~_~ular Da~ Meet~ Sign~ Public: A sign oWned by and erected at the instance of a federal, state or local government agency. Sign, Roof: Any sign so erected or affixed to a building wholly upon the roof of the building or any sign that projects above the intersection of the roof decking and wall face or any sign extending above the eave or parapet shall be deemed a roof sign; provided that no sign located entirely on that portion of the wall of any building constituting the gable end thereof shall be deemed a roof sign. Sign, Sale or Rental: A sign, not illuminated, which designates all or portions of the lot or premises upon which it is located to be for sale or lease. Such signs shall be removed within one (t) week of sale or lease of the lot or premises upon which it is situated. The lettering or message on any one (1) side of such sign may be different from any other side. Sign, Subdivision: A sign, not illuminated, sixty (60) square feet or less in aggregate area identifying a subdivision and located thereon at the entrances to such subdivision. Said sign shall be not greater in height than six (6) feet, and set back from any right-of-way for proper sight distance. Sign~ Temporary Directional: A directional sign erected for a period of not more than ten (10) days. Sign, Temporary Event: A sign, not illuminated, describing a seasonal, brief, or particular event or activity to be or being conducted upon the lot or premises upon which it is located. Such sign may be erected not more than one (1) month before the event or activity described, shalI be removed within one (1) week of its conclusion, and in no event shall such sign be displayed for a period longer than six (6)months in any one (1) calendar year. Sign~Wall: A business sign erected or painted on a building, visible from the exterior thereof, no part of which is more than twelve (12) inches from the surface of the building on which it is erected. Such sign may be illuminated. Slaughterhouse, Custom: An establishment for the slaughter of livestock, including cattle, sheep, swine, goats, and poultry, as a service, and from which there is sold no meat or other product of such slaughter other than materials generally considered inedible for humans and which are generated as waste and/or by-products of such slaughter, including, but not limited to, blood, bones, viscera, hides, etc., which may be sold for purposes of removal from the site. Stable~ Commercial: A building or grqup of buildings where, for compensation, members of the public are provided with horses for hire, accommodations for their horses and/or lessons in riding. Story: That portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it. If there be no floor above it, the space between the floor and the ceiling next above it. Story~ Half: A space under a sloping roof, which has the iine of intersection of roof decking and wall face not more than three (3)feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. Street: A public or private thoroughfare which affords access to abutting property. Street Line: The dividing line between a street or road right-of-way and the contiguous property. Structure: Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something havi~g a permanent location on the ground. This includes, among other things, dwellings, buildings, signs, etc. Tourist Lodging: One or more rooms, located within a single-family dwelling which is actually used as such, which rooms are used, secondarily to such single- family use, for the temPorary accommodation of transients in return for compensation whether or not such rooms are used in conjunction with other portions of such dwelling. Townhouse: One of a series of attached single-family dwelling units, under single or multiple ownership, separated from one another by continuous vertical walls without openings from basement floor to roof. Travel Trailer:~ A vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use; with the manufacturer's permanent identification "Travel Trailer" thereon; and when factory equipped for the road, being of any length provided its gross weight does not exceed four thousand five hundred (4,500) pounds, or being of any weight provided its overall length does not exceed twenty-nine (29) feet. For the purpose of this ordinance, a travel trailer shall not be deemed a mobile home. Triplex~ Qu~druplex: A multip!e-fam±ly dwelling or series of attached Single-family dwellings containing in either case three (3) or four (4) dwelling units, respectivel Warehousing, Light: storage establishments designed to accommodate primarily individual households, not intended for use by heavy commercial users and not involving frequent heavy trucking. Wayside Stand~ Roadside Stand, Wayside Market: Any structure or land used for' the sale of agricultural or horticultural produce, or merchandise produced by the owner or his family on their farm. December 10 1980 (Re~ula~ Da~ 4'90 4¸.0 4.1 4.1.1 4.1.2 4.1.3 4.1.4 4.1.5 4.2 4.2.1 Wooded Area, Forested Area: An area containing one of the minimum number of trees of specified size, or combinations thereof, from the following table: Diameter of Tree Per Per One- at Breast Height Acre Half Acre 3.0" - 4.9" 60 30 5.0" - 6.9" 38 19 7-0" - 8.9" 22 11 9.0" - 10.9" 14 7 11.0" - 12.9" 10 5 13.0" - 14.9" 7 4 15.0"+ 5 3 Yard: An open space on a lot other than a court unoccupied and unobstructed from the ground upward, except as otherwise provided herein. Yard, Front: An open space on the same lot as a building between the ~front line of the building (excluding steps) and the front lot or street line, and extending across the full width of the lot. Yard, Rear: An open, unoccupied space on the same lot as a building between the rear line of the building (excluding steps), the rear line of the lot and extending the full width of the lot. Yard, S~e: An open, unoccupied space on the same lot as a building between the side line of the building (excluding steps) and the side line of the lot, and extending from the front yard line to the rear yard line. ARTICLE II. BASIC REGULATIONS GENERAL REGULATIONS Except as otherwise specifically provided, the following general regulations shall apply. AREA REGULATIONS RELATED TO UTILITIES The following regulations shall apply to all districts: For a parcel served by both a central water supply and a central sewer system, the minimum area requirements of the district in which such parcel is located shall apply. For a parcel served by either a central water supply or a central sewer system, there shall be provided a minimum area of forty thousand (40,000) square feet per commercial or industrial establiShment or per dwelling unit as the case may be. For a parcel served by neither a central water supply nor a central sewer system, there shall be provided a minimum of sixty thousand (60,000) square feet per commercial or industrial establishment or per dwelling unit as the case may be. The provisions of sections 4.1.2 and 4.1.3 notwithstanding, in such cases where a greater minimum area is required by the regulations of the district in which the parcel is located, said district regulations shall apply. In the case of unusual soil conditions or other physical factors which may impair the health and safety of the neighborhood, upon the recommendation of the Virginia Department of Health, the commission may increase the area requirements for uses utilizing other than a public sewer system. CRITICAL SLOPES These provisions are created to implement the comprehensive plan by protecting and conserving steep hillsides and in recognition of increased potential for soil erosion, sedimentation, water pollution, and septic disposal problems associated with the development of those areas described in the comprehensive plan as critical slopes. It is hereby recognized that such development of critical slopes may result in rapid and/or large-scale movement of soil and rock; excessive stormwater run-off; siltation of natural and man-made bodies of water; loss of aesthetic resource; and in the event of septic system failure, a greater travel distance of septic effluent, all of which constitute potential dangers to the public health, safety, and welfare. These provisions are intended to direct building and septic system locations to terrain more suitable to development and to discourage development on critical slopes. BUILDING SITE REQUIRED No lot or parcel shall have less than one(l) building site. For purposes of this section, the term "building site" shall mean a contiguous area of land in slopes of less than twenty-five (25) percent as determined by reference to either topographic quadrangle maps of the Geological Survey - U. S. Department of Interior (contour interval 20 feet) or a source determined by the county engineer to be of superior accuracy, exclusive of such area aS may be located in the flood hazard overlay district, or which is located under water. December 10, 1980 (Regular Day Meeting) 4.2.2 4.2.2.1 4.2.2.2 4.2.3 4.2.3.1 4.2.3.2 4.2.4 4.2.5 4.2.5.1 4.2.5.2 4.2.5.3 4.2.6 4.2.6.1 4.2.6.2 4.3 4.4 AREA REGULATIONS Area regulations for building sites shall conform to the following: For a use served by other than a central sewerage system, the building site shall have an area of thirty thousand (30,000) square feet or greater and shall be of such dimension that no one dimension shall exceed any other by a ratio of more than five (5) to one (1). Such building site shall have adequate area for location of two (2) septic drain fields as approved by the ¥irginia Department of Health. For a use served by a central sewerage system, the applicant shall demonstrate that the building site is of adequate area for .the proposed development. LOCATION OF STRUCTURES The provisions of this section shall apply to the location of any structure for which a permit is required under the Uniform Statewide Building Code. No such structure shall be located on any lot or parcel in any area other than a building site. No such structure shall be located on slopes of twenty-five (25) percent or greater. LOCATION OF SEPTIC SYSTEMS In the review for and issuance of a permit for the installation of a septic system, the Virginia Department of Health shall be mindful of the intent of this section, and particularly mindful of the intent to discourage location of septic tanks and/or drain fields on slopes of twenty (20) percent or greater. MODIFICATION OF REGULATIONS As part of the review of any plat of subdivision or site development plan, the commission may modify any regulation and requirement of this section in a particular case, subject to the following limitations: The applicant shall demonstrate to the commission that such modification is consistent with sound engineering and design practice and that the public interest and the intent of this section would be served to at least an equivalent degree by such modification. No such modification shall be granted until the recommendation of the county engineer, Virginia Department of Health, and other appropriate officials with regard to such modification shall have been considered by the commission. In granting such modification, the commission may impose such conditions as it deems necessary to protect the public interest and to insure that such development will be consistent with the intent of section 4.2. EXEMPTIONS Any structure which was lawfully in existence prior to the effective date of this ordinance and which is nonconforming solely on the basis of the requirements of section 4.2 may be expanded, enlarged, extended, modified, and/or reconstructed as though such structure were a conforming structure. For the purposes of this section, the term "lawfully in existence" shall also apply to any structure for WhiCh a site development plan was approved or a building permit was issued prior to the effective date of this ordinance, provided such plan or permit has not expire Any lot or parcel of record which was lawfully a lot of record on the effective date of this ordinance shall be exempt from the requirements of section 4.2 for the establishment of the first single-family detached dwelling unit on such lot or parcel; provided that section 4.2.3.2 shall apply to such lot or parcel if the same shall contain adequate land area in slopes of less than twenty-five (25) percent for the location of such structure. For the purposes of this section a mobile home shall be deemed a single-family detached dwelling unit. DRAINAGE No building shall be erected on any land and no change shall be made in the existing contours of any land, including any change in the course, width or elevation of any natural or other drainage channel, in any manner that will obstruct, interfere with, or substantially change the drainage from such land to the detriment of neighboring lands. Factors to be considered in determining substantial changes shall include existing zoning, recommendations of the adopted comprehensive plan, and adopted drainage standards of the Virginia Highway Commission. In his administration of this requirement, the zoning administrator shall refer any application submitted to him to the county engineer for a determina in the matter. VISIBILITY CLEARANCE AT INTERSECTIONS For protection against traffic hazards, no material impediment to visibility shall be placed, allowed to grow, erected or maintained on any parcel so as to restrict sight distance at any intersection of any street, road or driveway below the minimum required by the Virginia Department of Highways and Transportation for such intersection. Exceptions: Where terrain features present substantial obstacles to provision and maintenance of such sight distance, the zoning administrator may, subject to the approval of the Virginia Department of Highways and Transportation, permit the provision and maintenance of lesser visibility clearance, but such clearance shall be the maximum which is reasonably practicable to provide and maintain. [on December 10~lar Da__%y_ Meet~ 492 4.5 4.5.1 4~.5.2 4.5.3 4.6 4.6.1 4.6.2 4.6.2.1 4.6.2.2 4.6.2.3 4.6.3 4.6.3.1 4.6.3.2 4.6.3.3 4.6.4 4.6.5 4.6.6 4.6.7. REQUIREMENTS FOR CONDOMINIUMS Definitions: For purposes of this section the meaning of all terms shall be controlled by section 55-79.41 of the Code. Where permitted: Condominiums shall be permitted in all zones in which is permitted any physically identical development; provided that site development plan approval shall be required for any condominium development. Compliance with ordinance: Ail condominiums and the use thereof shall in all respects comply with the provisions of this ordinance, and no vesved rights shall be created upon the conversion to condominiums of the use thereof if either the condominium or the use thereof does not conform to the provisions of this ordinance. Except as otherwise specified, provisions of this ordinance applicable to condominiums shall be those provisions applicable to physically identical developments. LOT REGULATIONS LOT WIDTH MEASUREMENTS Lot width shall be measured at the building setback line. LOTS, DETERMINATION OF LOT FRONT On interior lots, the front shall be construed to be the portion nearest the street. On corner lots, the front shall be construed to be the shortest boundary fronting on a street. If the lot has equal frontage on two or more streets, the fronv shall be construed in accordance with the prevailing building pattern, or the prevailing lotting pattern if a building pattern has not been established. On double frontage lots, the front shall be construed in accordance with the prevailing building pattern or the prevailing lotting pattern if a building pattern has not been established. If neither a building nor lotting pattern exists, the front shall be construed to be the shortest boundary fronting on a street. LOTS, YARDS ADJACENT TO STREET Front yards of the depth required in the district shall be provided on the portion of the lot adjacent to the street. Other yards adjacent to streets shall have a minimum width or depth, as the case may be, of eighty (80) percent of the minimum front yard depth required in the district in which the lot is located. This provision shall apply to lots in the RA or residential districts only. Street line for measurement of required yards adjacent to streets. Required yards shall be measured from a line parallel to the street lot line(s). REAR YARDS ON INTERIOR LOTS Rear yards on interior lots shall be provided at the depth required for the district, and shall run across the full width of the lot at the rear. Depth of a required rear yard shall be measured in such a manner that the yar6 is a strip of minimum depth required by district regulations with its inner edge parallel to its outer edge. SIDE YARDS ON LOTS Side yards on lots are defined as running from the required front yard line to the required rear yard line. On corner lots, the required side yards shall run from the point where side yard lines intersect to required front yard lines. LOT ACCESS REQUIREMENTS No structure requiring a building permit shall be erected upon any lot which does not have frontage on a public or private road as specified in the regulations, except as specifically provided in subdivision regulations and except for lots lacking such frontage on the date of the adoption of this ordinance. LOT COVERAGE BY BUILDINGS Except as otherwise specificaliy provided, in computations to determine lot coverage by buildings, building coverage shall be construed as including all areas under roofs or projections from buildings on the lot. 4.7 4.7.1 4.7.2 4.7.3 4.7.4 4.8 4.8.1 4.8.2 4.8.3 December ~lar Dal~__Meetin_gl REGULATIONS GOVERNING OPEN SPACE OPEN SPACE, INTENT Open space provisions are intended to encourage development approaches reflective of the guidelines of the comprehensive plan by permitting flexibility in design. More specifically, open space is intended to serve such varied comprehensive plan objecvives as: -provision of active/passive recreation; -protection of areas sensitive to development; -buffering between dissimilar uses; and -preservation of agricultural activity. To this end, in any rezoning, subdivision plat, or site development plan proposing inclusion of open space areas, the commission shall consider the appropriateness of such areas for the intended usage in terms of such factors as location, size, shape and topographic characteristics. USES PERMITTED IN OPEN SPACE Unless otherwise permitted by the commission in a particular case, open space shall be maintained in a natural state and shall not be developed with any man-made feature. Where deemed appropriate by the commission, open space may be used for one or more of the following uses subject to the regulations of the zoning district in which the development is located: -agriculture, forestry and fisheries including appropriate structures; -game preserves, wildlife sanctuaries and the like; -noncommercial recreational structures and uses; -public utilities; -wells and septic systems for emergency use only (reference 2,5); -stormwater detention and flood control devices. OPEN SPACE, CHARACTER In such case where open space is required by provisions of this ordinance, not more than thirty (30) percent of such minimum required open space shall consist of the one hundred year flood plain, lands in slopes of twenty-five (25) percent or greater, public utility easements; stormwater detention and flood control device~ and lands classified as having permanent or seasonally high water tables. OWNERSHIP OF OPEN SPACE Open space in private ownership shall be protected by legal arrangements sufficient to ensure its maintenance and preservation for purposes for which it is intended. Such arrangements, shall be subject to commission approval as a part of the site development plan and/or subdivision plat approval process. Open space may be dedicated to public use subject to approval and acceptance by separate resolution of the board of supervisors. Open space so dedicated shall be counted as a part of the minimum required open space. USES--GENERALLY DETERMINATIONS CONCERNING UNSPECIFIED USES Uses other than those specified in district regulations as permitted by right or accessory uses may be added to a district on application by a landowner if the commission and board of supervisors find: a. That there is no clear intent to exclude such uses; and b o That the proposed use is appropriate within the district and would have no more adverse effects on other uses within the district, or on uses in adjoining districts, than would uses of the same general character permitted in the district. In such cases, the board of supervisors shall proceed to amend the ordinance in accord with the provision's of section 33.0. TEMPORARY MOBILE HOMES Temporary mobile homes shall be permitted only in accordance with the provisions of section 5.7 of this ordinance. HOUSES DISPLAYED FOR ADVERTISING PURPOSES Construction of a house displayed for advertising purposes, not intended to be sold or occupied as a dwelling, whether in connection with a residential development or otherwise shall not commence until a performance bond adequate to insure the removal of the structure has been posted. December 101~__~ular Da_~_Meet~ 4 34 4.8.4 4.8.5 4.9 4.10 4.10.1 4.10.2 4.10.2.1 4.10.2.2 4.10.3 4.10.3.1 PUBLIC TELEPHONE BOOTHS Public telephone booths may be located within required yards, but no closer to any street than the existing right-of-way line or right-of-way reservation line, provided that: Such booths shall be equipped for emergency service to the public without prior payment; The location of every booth shall be determined by the zoning administrator to ensure that the same will not adversely affect the safety of the adjacent highway; Every such booth shall be subject to relocation at the expense of the owner, whenever such relocation shall be determined by the zoning administrator to be reasonably necessary to protect the public health, safety and welfare or whenever the same shall be necessary to accommodate the widening of the adjacent highway. FENCES, MAILBOXES, AND SIMILAR STRUCTURES Fences and free-standing mail and/or newspaper boxes shall be permitted in all districts and shall be exempt from all setback and yard requirements. For purposes of this section, the term "fence" shall be deemed to include free-standing walls enclosing yards and other uncovered areas. GENERAL REQUIREMENTS CONCERNING ARRANGEMENT AND LOCATION OF STRUCTURES: OF HIGHWAYS AND STREETS WIDENING All buildings and other structures shall be so located and arranged on lots as to provide safe and convenient access for fire protection, servicing, and off-street parking located on the premises. Whenever there shall be plans in existence, approved by either the Virginia Department of Highways'and Transportation or by the board of supervisors for the widening of any street or highway, the commission may require additional setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way; such setback shall be measured from the future planned right-of-way. HEIGHT OF BUILDING AND OTHER STRUCTURES INTENT It is the intent of these height regulations to secure safety, to provide adequate light and air, and to protect the character of districts and the interests of the general public. To accomplish these purposes, the following requirements and limitations are established. FIRE AND SAFETY REQUIREMENTS FIRE PROTECTION No building exceeding thirty-five (35) feet in height above grade shall be erected without certification from the Albemarle County fire official that such building, as proposed to be located, constructed and equipped, and particularly occupants of upper stories, can be properly protected in case of fire. In the case of structures other than buildings exceeding thirty-five (35) feet in height, the commission may require such certification where a determination is made that there is substantial fire danger to such structure or to surrounding properties. AERIAL NAVIGATION No building or other structure shall be located in a manner or built to a height which constitutes a danger to aerial navigation. In such case where the commission believes a danger to navigation may result, such structure shall not be located or erected without certification from the Federal Aviation Administration and the. Virginia Department of Aviation that such structure will not reasonably constitute a danger to air traffic. No building or structure exceeding one hundred fifty (150 feet in height above ground level (AGL) shall be located or erected until certifi- cation for the same has been obtained from the Virginia Department of Aviation. HEIGHT LIMITATION--EXCEPTIONS The following exceptions to height limitations for certain buildings and structures shall be permitted provided that no building or structure shall be exempt from the requirements of section 4.10.2.2. EXCEPTIONS--EXCLUDED FROM APPLICATION The height limitations of this chapter shall not apply to barns, silos, farm buildings, residential chimneys, spires, flag poles, monuments or transmission towers and cables; smokestack, water tank, radio or television antenna or tower; provided that except as otherwise permitted by the commission in a specific case, no such structure shall be located closer in distance to any lot line than the height of the structure; and, provided further that such structure shall not exceed one hundred (100) feet in height in a residential district. This height limitation shall not apply to any of the above designated structures now or hereafter located on existing public utility easements. 495 December 10_ 1980 (Re-~lar Da_y__Meeting~ 4.10.3.2 4.10.3.3 4.10.3.4 4.11 4.11.1 4.1t.2 4.12 4.12.1 4.12.2 4.12.3 4.12.3.1 4.12.3.2 EXCEPTIONS--LIMITED Towers, gables, penthouses, scenery lofts, cupolas, similar structures and necessary mechanical appurtenances may be erected on a building to a height twenty (20) percen' greater than the limit established for the district in which the building is located; provided that no such exception shall be used for sleeping or housekeeping purposes or for any commercial or industrial purpose; and provided further that access by the general public to any such area shall be expressly prohibited. PARAPET WALLS, CORNICES, ETC. A parapet wall, cornice or similar projection may exceed the height limit establishe for the district by not more than three (3) feet, but shall not extend more than three (3) feet above the roof level of any building. ACCESSORY BUILDING IN RESIDENTIAL DISTRICTS Except as permitted by the provisions of section 4.10.3.1, no accessory building in a residential district shall exceed a height of twenty-four (24) feet. USES AND STRUCTURES PERMITTED IN REQUIRED YARDS The following uses and structures shall be permitted in required yards, subject to the limitations established: COVERED PORCHES, BALCONIES, CHIMNEYS AND LIKE FEATURES Covered porches, balconies, chimneys, eaves, and like architectural features may project not more than four (4) feet into any required yard; provided that no such feature shall be located closer than five (5) feet to any lot line. ACCESSORY BUILDINGS IN REQUIRED YARDS No portion of any accessory building shall be permitted in any required yard; provided however, that if no utility or drainage easements are adversely affected, accessory buildings or portions thereof may be erected no closer than five (5) feet to adjacent lot lines in the case of detached buildings, or to a common wall in the case of attached buildings; but provided further that no such building shall be located within any yard required by section 4.6.3. OFF-STREET PARKING AND LOADING REQUIREMENTS PURPOSE The purpose of these regulations is to set forth off-street parking and loading requirements for permitted uses: (1) in accordance with the intensity of such use; (2) to provide adequate parking for the travelling public; and (3) to reduce traffic hazards and conflicts. APPLICATION Off-street parking and loading requirements shall apply to all uses and structures established prior to or after the effective date of this ordinance except as otherwise provided herein. Off-street parking and loading spaces shall be provided in accordance with the provisions of this section at the time of erection, alteration, enlargement, or change in use of any structure. Any use for which parking and/or loading space was approved and provided prior to the effective date of this ordinance shall be considered in conformance to this ordinance provided the intensity of such use remains unchanged. Where, in the opinion of the zoning administrator, a change in such use and/or structure occasion~ the need for additional parking and/or loading space, or such change would physicall alter parking and/or loading space available, such use shall comply with these provisions. LOCATION OF PARKING Off-street parking spaces shall be provided on the same lot with the use to which it is appurtenant except as hereinafter provided. Where practical difficulties prevent location as required in section 4.12.3.1 or where the public safety or the public convenience would be better served by the location thereof other than on the same lot, the commission may authorize such alternative location of required parking space as will adequately serve the public interest, provided that such space shall be located on land in the same ownership as that of the land on which is located the use to which such space is appurtenant or, in the case of cooperative provision of parking space, in the ownership of at least one of the participants in the combination. December 10, 1980 (Regular Day Meeting) 4.12.3.3 4.12.4 4.12.5 4.12.5.1 4.12.5.2 4.12.6 4.12.6.1 4.12.6.2 4.12.6.3 4.12.6.4 Whether off-street parking is provided on the same lot or not, the following shall apply: For residential uses, where parking is provided in bays, no parking space shall be located further than one hundred (100) feet from the entrance of the dwelling such space serves. For nonresidential uses, no parking space shall be located further than five hundred (500) feet from the entrance of the use such space serves. Distances in (a) and (b) above may be increased in such cases where the commission shall determine that the public interest or convenience would be equally or better served by such increased distance; that the allowance of a greater distance would no~ be a departure from sound engineering and design practice; and that the allowance of a greater distance would not otherwise be contrary to the purpose and intent of this ordinance; provided that in no case shall the maximum distance from the entrance of a dwelling unit and its appurtenant parking space exceed two hundred (200) feet. COOPERATIVE PARKING Parking space required under the provisions of this ordinance may be provided cooperatively for two or more uses in a development or for two or more individual uses, subject to arrangements that will assure the permanent availability of such space as such arrangements are approved by the commission. The amount of such combined space shall be equal to the sum of the amounts required for the separate uses; provided, that the commission may reduce the amount of space required for a c.hurch or for a meeting place of a civic, fraternal or similar organization or other uses under the provisions of a combined parking area by reason of different hours of normal activity than those of other uses participating in the combination. AVAILABILITY No required off-street parking or loading area shall be used for the sale, repair, dismantling, or servicing of any vehicle, equipment, materials or supplies, or obstructed in any other fashion unless specifically approved by the commission. This provision shall not be applicable to single-family dwelling units. Where off-street parking and loading spaces are required by these regulations, no owner or occupant of any land or building shall discontinue, change, or dispense with such facilities without establishing alternative facilities complying equally with the requirements of these regulations. PARKING AREA DESIGN SAFE AND CONVENIENT ACCESS Ail off-street parking spaces and off-street loading spaces shall be provided with safe and convenient access to a street. Ail permitted uses shall have entrances constructed in accord with the specifications of the Virginia Department of Highways and Transportation. One-way ingress and egress shall be generally discour-aged. Where permitted, adequate control devices such as signing, pavement markings and physical barriers shall be required. Such entrances shall be maintaine in a manner as to provide safe and convenient access. In the event the zoning administrator, after consultation with the Virginia Department of Highways and Transportation and county engineer, determines such ingress and/or egress to public roads to be in a state of disrepair which may reasonably result in a hazard to public safety, he shall require repair and/or correction of such ingress or egress facility. Access ways for emergency vehicles shall be provided as specified by the Albemarle County fire official. Speed bumps shall be prohibited unless otherwise recommended by the fire official in a particular case. INTERNAL CIRCULATION Except as otherwise permitted in a particular case, interior circulation aisles shall have a minimum travel width of twenty (20) feet. One-way circulation shall be generally discouraged. Where permitted, adequate control devices such as signing, pavement markings and physical barriers shall be required. Ail off-street parking spaces, loading spaces, aisles, and driveways, except those provided for single-family dwelling.s, shall be constructed and maintained with a dust free surface and of such type of construction that the same will be available for safe and convenient use at all times. PARKING DELINEATION Where more than four (4) spaces are required, and wherever loading spaces or other service spaces are provided, there shall be markings or dividers indicating the limits of off-street parking and loading spaces and, where appropriate, signs indicating reservation for such purposes. Land (pavement) markings and directional arrows or signs shall be provided where necessary. Such parking areas shall be provided with adequate separation between adjoining roadways and walkways by means of guard rails, raised and landscaped islands, and other appropriate means. LIGHTING Lights used to illuminate parking areas shall be arranged to reflect light away from adjoining residential districts and away from adjacent streets. 497 December 10, 1980 (Regular Day Meeting) 4.12.6.5 PARKING SPACE SIZE Each off-street parking space shall meet the minimum requirements as specified below 4.12.6.6 Parking Minimum Minimum Aisle Space Width Length Minimum Width ae de 10 18 20 9 18 24 Parking space and aisle dimensions for angled parking shall be determined by the director of planning. Where adequate planting islands or other such features other than sidewalks are employed to separate rows of parking spaces, not more than two (2) feet maYlbe deducted from the minimum length requirements stated above in order to'compensate for overhang. Ail parking spaces shall be designed so that no part of any vehicle shall extend over any property line, right-of-way line, sidewalk, walkway, driveway, or aisle space. e. The foregoing notwithstanding, the minimum width for handicapped parking spaces shall be twelve (12) feet. The number shall be in accordance with the BOCA Code and location of such spaces shall be subject to Albemarle County fire official approval. REQUIRED NUMBER OF OFF-STREET PARKING SPACES 4.12.6.6.1 DETERMINATION OF NUMBER OF PARKING SPACES REQUIRED FOR UNSPECIFIED USES Where minimum parking or loading space is not specified herein for particular uses/structures or mixes of uses, or where conflicts exist between schedule and general requirements, the zoning a~ministratOr shall determine requirements appropriate to the use/structure guided by characteristics of the Proposed use including anticipated employment, number of residents and/or visitors, by requiremenl for similar uses or mixes, and other relevant considerations. More specifically, the zoning administrator shall be guided by the following for uses not specified in section 4,12.6.6.2: ae For commercial uses of a retail character: One (1) space per each one hundred . (100) square feet of retail sales for the first five thousand (5,000) square feet and one(l) space, for each two hundred (200) square feet of retail sales area above five thousand (5,000) square feet. For commercial uses of a wholesaling and/or warehousing character: One (1) space per two (2) employees plus one (1) space per eac.h five hundred (500) square feet of floor area open to the public for customer parking, but in all cases a minimum of two (2) customer parking spaces. For uses of an industrial character: One (1) space per two (2) employees on the major work shift plus one (1) space per five hundred (500) square feet open to the public for customer parking, but in all cases a minimum of two (2) customer parking spaces. de For uses of an office character: feet of net office floor area. One (1) space per two hundred.(200) square ee For uses of public assembly (indoor or outdoor) character: One (1) space per four (4) fixed seats or per seventy-five (75) square feet of place of assembly whichever shall be greater. f. For dwelling units: Two (2) spaces per unit. ge For recreational uses not specified: One (1) space per one hundred twenty-five (125) square feet of usable recreational area. he Other permitted uses: A total number of spaces sufficient to accommodate the vehicles of all employees of the establishment plus those of all persons who may be expected to visit the same at any 'one time. 4.12.6.6.2 SCHEDULE OF SPECIFIC REQUIREMENTS -FOR NUMBER OF OFF-STREET PARKING SPACES Automobile Service Station: One (1) space per each employee plus two (2) spaces per each service stall. In addition, when accessory activities such as the rental of automobiles, truck and trailers of all types are involved on site, there shall be provided suitable area to accommodate the highest number of rental units expected at any one time. Barber Shop, Beauty Shop: One (1) space per two hundred (200) square feet of gross floor area plus one (1) space per employee. Boarding House: One (1) space per two hundred '(200) square feet of gross floor area plus one (1) space per employee. Building Material Sale: sales display area. One (1) space per five hundred (500) square feet of Campground: One (1) space per campsite; for group campsites, adequate parking space shall be provided for buses as determined by the zoning administrator. Church: One (1) space per four (4) fixed seats or per seventy-five (75) square feet of area of assembly, whichever shall be greater. ~_ i 80 Rez.ular Day Meeting~_ Club, Lodge: One (1) space per four (4) fixed seats or per seventy-five (75) square feet, whichever shall be greater. Contractor's (Construction Office, Shop, Equipment Storage and Materials Yard): One (I) space per two (2) employees on the major shift. Dance Hall (including dance area in restaurant, hotel, etc.): One (1) space per one hundred (100) square feet of gross floor area. Day Care Center, Nursery School: One (1) space per ten (10) children enrolled in major class or shift plus one (1) space per employee. Drive-in Restaurant: Eighteen (18) spaces per each one thousand (1,000) square feet of gross floor area. Dwelling, Multi-family shall conform to the following: Number of Bedrooms/Unit No separate bedroom or one (1) bedroom (total area of unit 500 sq ft or less) One (1) bedroom Two (2) bedrooms or more Parking SpaCes/Unit 1.25 1.50 2.00 Dwelling, Multi-family dwellings for the elderly: One and one-quarter (1 1/4) spaces per unit plus one (1) space per employee on the major shift. Dwelling, Singl-e-Family Detached, Semi-Detached, Attached, Townhouse; Patio House; Duplex; Mobile Home: Two (2) spaces per dwelling unit. Eating Establishment: of gross floor area. Fast Food Restaurant: of gross floor area. Feed and Seed Store: and display area. Thirteen (13) spaces per-one thousand (1,000) square feet Thirteen (13) spaces per one thousand (t,000) square feet One (1) space per five hundred (500) square feet of sales Financial Institution: One (1) space per one hundred fifty (150) square feet of gross floor area. This requirement may be reduced by twenty-five (25) square feet per drive-in aisle. Food Store: One (1) space per two hundred (200) square feet of gross floor area. Funeral Home: One (1) space per four (4) fixed seats or per seventy-five (75) square feet area of assembly, whichever shall be greater, Furniture Store: area. One (1) space per four hundred (400) square feet of retail Gift, Craft, Antique Shop: One (1) space per two hundred (200) square feet of gross floor area; provided that for any area devoted to furniture, parking shall be one (1) space per four hundred (400) square feet of such area. Golf Course, Driving Range: One (1) space per two (2) tees. Greenhouse and Nursery: Enclosed Retail Area - One (1) space per each one hundred (100) square feet of retail sales for the first five thousand (5,000) square feet and one (1) space for each two hundred (200) square feet of retail sales, area above five thousand (5,000) square feet. Greenhouse Sales Area - One (1) space per one hundred (100) square feet for the first one thousand (1,000) square feet and one (1) space for each five hundred (500) square feet of greenhouse sales area above one thousand (1,000) square feet. Exterior Nursery Sales Area- One (1) space per each five thousand (5,000) square feet of exterior nursery sales area. Hospital: One (1) space per two (2) beds. Hotel, Motel: One (1) space per unit. Additional spaces shall be required for restaurant, assembly room, etc., as provided for in this ordinance. Kennel, Commercial: One (1) space per four hundred (400) square feet of gross floor area including runs, plus one (1) space per employee. Laundromat: One (1) space per two (2) washing machines. Laundry, Dry Cleaning: One (1) space per fifty (50) square feet open to the public Machinery, Equipment Sales and Service: One (1) space per five hundred (500) square feet of sales, display, repair area plus one (1) space per employee. Medical and Dental Clinic: net floor area. One (1) space per two hundred (200) square feet of '4'99 December 10, 1980 (R~gular Da~ Meetin- ) ~ 4.12.7 4.12.7.1 4.12.7.2 4.12.7.3 4.12.7.4 4.12.7.5 4.12.7.6 Mobile Home, Modular Home, Travel Trailer Sales: One (1) space per three thousand (3,000) square feet of display area. Motor Vehicle Sales Including Automobiles, Farm Equipment, and Trucks: One (1) space per one thousand five hundred (1,500) square feet of display area. Offices: Business, Administrative, Professional: One (1) space per two hundred (200) square feet of net office area. Over-the-Counter Sales: One (1) space per fifty (50) square feet open to the public or one (1) space per two hundred (200) square feet of gross floor area, whichever shall be greater. Printing and Publishing Facilities, including Newspaper Publishing: One (1) space per two (2) employees plus one (1) space per each five hundred (500) feet of floor area open to the public for customer parking, but in all cases a minimum of two (2) customer parking spaces. Production or Processing of Materials, Goods or Products: One (1) space per two (2) employees on the main shift plus one (1) space per each five hundred (500) square feet of floor area open to the public for customer parking, but in all cases a minimum of two (2) customer parking spaces· Rest Home, Nursing Home, Convalescent Home: One (1) space per four (4) beds. School: One (1) space per five (5) pupils plus one (1) space per employee. For adult education or for schools in which pupils drive to school, one (1) space per two (2) pupils plus one (1) space per employee. Shopping Center: Five and one-half (5 1/2) spaces per each one thousand (1,000) square feet of gross leasable floor area. Skating Rink: One (1) space per two hundred (200) square feet of rink area. Stable, Commercial: One (1) space per three (3) animals. Testing, Repairing, Cleaning, Servicing of Material Goods or Products: One (1) space per two (2) employees plus one (1) space per each five hundred (500) square feet of floor-area open to the public for customer parking, but in all cases a minimum of two (2) customer parking spaces. Theatre, Drive-in: plan. To be determined by the staff after review of the sit~e developm~ Theatre, Indoors or Outdoors: One (1) space per each four (4) seats. Tourist Lodging: One (1) space per unit. Veterinary Clinic: One (1) space per one hundred (100) square feet of gross floor area exclusive of that area to house animals. Wayside Stand: area. One (1) space per one hundred (100) square feet of sales, display REQUIRED OFF-STREET LOADING SPACE All off-street loading space shall be provided on the same lot with the use to which it is appurtenant. Off-street loading space shall be provided in addition to and exclusive of the parking requirement on the basis of: One (1) space for each eight thousand (8,000) square feet of retail gross leasable area. b. One (1) space for each eight thousand (8,000) square feet of office space. One (1) space for each ten thousand (10,000) square feet of industrial floor area. Additional loading spaces may be required based upon commission review~of the site development plan. Such off-street loading space shall be a minimum of twelve (12) feet in width, fourteen and one-half (14 1/2) feet in clearance height and a depth sufficient to accommodate the larEest delivery trucks serving the establishment, but in no case shall such length be less than twenty-fiVe (25) feet. All loading and unloading berths shall be surfaced with a bituminous or other dust free surface, and shall be designed so that no part of any vehicle shall extend over any property line, right-ofway line, sidewalk, driveway, or aisle space The requirements of section 4.12.7 may be modified and/or waived in such cases where the commission shall determine the public interest and safety would be equally or better served by such modification and/or waiver; that such modification and/or waiver would not be a departure from sound engineering and design practice~ and that such modification and/or waiver would not otherwise be contrary to the purpose and intent of this ordinance. ~t 5:00 4.13 PARKING AND STORAGE OF CERTAIN VEHICLES 4.13.1 PARKING, STORAGE, OR USE OF MAJOR RECREATIONAL EQUIPMENT IN RESIDENTIAL DISTRICTS The following regulations shall apply to parking or storage of major recreational equipment in residential districts: 4.13.1.1 Major recreational equipment as defined for purposes of these regulations includes travel trailers, pickup campers, motorized dwellings, tent trailers, boats and boat traiIers, house-boats, and the like, and cases or boxes used for transporting such recreational equipment, whether occupied by such equipment or not. 4.13.1.2 No major recreational equipment shall be used for living, sleeping or other occupancy when parked or stored on a residential lot, or in any other location not approved for such use. 4.13.2 LIMITATION ON PARKING/STORAGE OF INOPERABLE VEHICLES, ETC. No inoperable vehicle shall be so located on any agricultural or residential district as to be visible from a public road or adjoining property. Not more than two such vehicles shall be located on any such lot regardless of location. Any vehicle not displaying current license plates and inspection validation certificate as required by Virginia law shall be construed as an inoperable vehicle. 4.13.3 LIMITATIONS ON PARKING OF TRUCKS AND CERTAIN RECREATIONAL VEHICLES IN RESIDENTIAL DISTRICTS No truck with a gross vehicle weight of twelve thousand (12,000) pounds or more or dual wheeled recreational vehicles shall be parked in any residential district other than the RA (except for purposes of making pickups or deliveries) in any location other than: a. Behind the nearest portion of buildings to streets; or b. In any approved off-street parking area. 4.14 PERFORMANCE STANDARDS No use shall hereafter be established or conducted in any industrial district in any manner in violation of the following standards of performance: 4.14.1 NOISE Ail sources of noise (except those not under direct control of occupant of use, such as vehicles), must not create sound or impact noise levels in excess of the values specified below when measured at the points indicated. In addition, before 7:00 a.m. and after 7:00 p.m., the permissible sound levels at an agricultural or residential district boundary where adjoining industrial districts, shall be reduced by five (5) decibels in each octave band and in the overall band for impact noises. 4.14.1.1 METHOD OF MEASUREMENT Noise shall be measured by means of a sound level meter and octave band analyzer, calibrated in decibels (re 0.0002 microbar) and shall be measured at the nearest lot line from which the noise level radiates. 4.14.1.2 MEANING OF TERMS Decibel means a prescribed interval of sound frequencies which classifies sound according to its pitch. Impact noises shall be measured by means of an impact noise analyzer. Impact noises are those whose peak values fluctuate more than six (6) decibels from the steady values indicated on the sound level meter set at fast response. Octave band means a prescribed interval of sound frequencies which classifies sound according to its pitch. Preferred frequency octave bands means a standardized series of octave bands prescribed by the American Standards Association in S1.6-1960 Preferred Frequencies for Acoustical Measurements. Sound level meter means an electronic instrument which includes a microphone, an amplifier and an output meter which measures a noise and sound pressure levels in a specified manner. It may be used with the octave band analyzer that permits measuring the sound pressure level in discrete octave bands. December 10, 1980 (Regular Da~ 4.14.2 4.14.2.1 4.14.2.2 4.14.3 4.14.4 4.14.5 4.14.6 4.14.7 Maximum Permitted Sound Levels (decibels) Preferred Frequency Octave Bands Location of Measurement Octave band~ cycles/secOnd At residential district boundaries At other lot lines wit hi'n di's'tr'i ct 31.5 64 72 63 64 72 125 60 70 25O 54 65 500 48 59 1000 42 55 2000 38 51 4000 34 47 8000 30 44 Overall for impact noise 80 90 VIBRATION The produce of~displacement in inches times the frequency in cycles per second of earthborne vibrations from any activity shall not exceed the values specified below when measured at the points indicated. METHOD OF MEASUREMENT Earthborne vibrations shall be measured by means of a three component recording system, capable of measuring vibration in three mutually perpendicular directions. The displacement shall be the maximum instantaneous vector sum of the amplitude in the three directions. MEANING OF TERMS Vibrations means the periodic displacement of oscillation of the earth. Area of Measurement At residential district boundaries Type of vibration At other lot lines within district Continuous Impulsive (100 per minute or less) Less than 8 pulses per 24 hours .003 .o15 .006 .030 .o15 .075 GLARE No direct or sky reflected glare, whether from flood lights or from high temperature processes such as combustion, welding or otherwise, so as to be visible beyond the lot line, shall be permitted except for signs, parking lot lighting and other lighting permitted by this ordinance or required by any other applicable regulation, ordinance or law. However, in the case of any operation which would affect adversely the navigation or control of aircraft, the current regulations of the Federal Aviation Administration shall apply. AIR POLLUTION Rules of the State Air Pollution Control Board shall apply within Albemarle County. Such rules and regulations include coverage of: emission of smoke and other emissions from stationary sources; particulate matter; odor; particulate emission from indirect heating furnaces; open burning; incinerators; and gaseous pollutants. WATER POLLUTION Rules of the State Water Control Board shall apply within Albemarle County. RADIOACTIVITY There shall be no radioactivity emission which would be dangerous to the health and safety of persons on or beyond the premises where such radioactive material is used. Determination of existence of such danger and the handling of radioactive materials, the discharge of such materials into the atmosphere and streams and other water, and the disposal of radioactive wastes shall be by reference to and in accordance with applicable current regulations of the Department of Energy, and in the case of items which would affect aircraft navigation or the control thereof, by applicable current regulations of the Federal Aviation Administration, and any applicable laws enacted by the General Assembly of the Commonwealth of Virginia or the requirements of the Virginia Air Pollution Act, whichever is greater ELECTRICAL INTERFERENCE There shall be no electrical disturbance emanating from any lot which would adversely affect the operation of any equipment on any other lot or premises and in the case of any operation which would affect adversely the navigation or control of aircraft, the current regulations of the Federal Aviation Administration shall apply. December 10, 1980 (Regular Day Meeting) 4.14.8 CERTIFIED ENGINEER REPORT SUBMITTAL Each future occupant of an industrial character shall submit to the county engineer as a part of the final site development pla~ approval, a certified engineer's report describing the proposed operation, all machines, processes, products and by-products, stating the nature and expected levels of emission or discharge to land, air and/or water or liquid, solid, or gaseous effluent and electrical impulses and noise under normal operations, and the specifications of treatment methods and mechanisms to be used to control such emission or discharge. The county engineer shall review the applicant's submittal and make comment and recommendation prior to final commission action on the site development plan. 4.15 SIGNS 4.15.1 PURPOSE The purpose of these regulations is to minimize safety hazards and to create an attractive and harmonious community through regulation and control of the size, location, height, number and characteristics of signs. These regulations shall apply to all existing signs as well as to new signs and their modification(s), except as otherwise provided for the scenic areas overlay district-highways. All signs shall comply with these regulations and it shall be unlawful for any person to erect or maintain a sign which does not comply. 4.15.2 PROHIBITED SIGNS · Signs with any of the following characteristics are Prohibited within Albemarle County: 4.15.2.1 Violates any provisions of the law of Virginia relating to outdoor advertising including sections 33.1-351 to 33.1-381 inclusive, and section 46.1-174 of the Code. 4.15.2.2~ PreVents free ingress and egress from a required door, window, or fire escape; obstructs light or ventilation from any window required by the provisions of this ordinance or any other county ordinance; or is. attached to a standpipe or fire escape. 4.15.2.3 Obstructs free or clear vision, or causes hazards for vehicular, bicycle, or pedestrian traffic by reason of location, shape, illumination or color. 4.15.2.4 4.15.2.5 Reflects or casts glare or light, directly or indirectly, on any public roadway or adjacent property within a residential district. Which is determined by the resident engineer of the Virginia Department of Highways and Transportation or the countY engineer to imitate an official traffic sign or signal or conflict with traffic safety needs due to location, coloring, movement, shape or illumination. 4.15.2.6 Outlines any building or part thereof with neon or other light. 4.15.2.7 Which moves, flashes, blinks, changes color, or incorporates exposed, bare, or uncovered neon illumination. 4.15.2.8 4.15.2.9 Is fastened, placed, painted, or attached in any way to, in, or upon any tree, cliff, other sign, fence, public utility pole, radio, television or similar tower, rock, curbstone, sidewalk, lamppost, hydrant, bridge, highway marker except as may be (a) required by law, (b) so placed by a duly authorized governments agency, (c) so placed not as an advertisement but as a warning against hunting, fishing or trespassing, or (d) not visible from any highway or public pedestrian way Is visible from any federal interstate highway, except for on-site sale or rental signs and on-site business signs, as permitted. 4.15.2.10 2is structurally unsafe, or endangers the safety of a structure or premises or the public, or is erected or maintained in violation of this ordinance. 4.15.2.11 Which is a free-standing sign, except for directional or temporary signs located anywhere other than upon the land or structure to which said sign directs attention or to which it is appurtenant; notwithstanding the foregoing, where the owner or lessor of the premises is seeking a~new tenant, signs relating to the activities of the previous tenant may remain in place for not more than thirty (30) days from the date of vacancy; any'sign erected or maintained by or under the authority by the Virginia Department of Highways and Transportation, and any other sign which is specifically provided for in this section. 4.15.3 SIGNS PERMITTED 4.15.3.1 RURAL AREAS (RA) Auction Signs: Provided: (a) not more than thirty-two (32) square feet in area; (b) not more than one (1) on any lot or premises. Business Signs, Free-standing or Projecting: .Provided: (a) if illuminated, no moving, flashing, blinking, color-changing or exposed, bare or uncovered neon illumination or lighting; (b) the aggregate area of such signs shall not exceed one hundred (100) square feet; (c) no portion of such sign shall be greater than thirty (30) feet from ground level or the cave line of the roof of the main building located on the premises upon which such sign is erected, whichever is greater; (d) no more than two (2) free-standing signs on any one (1) lot or premises; (e) no more than three (3) projecting signs. 503 4.15.3.2 4.15.3.3 Business Signs, Wall: Provided: (a) if illuminated, no moving, Slashing, blinking, color-changing, or exposed, bare or uncovered neon illumination or lighting; (b) the aggregate area of all-such .signs shall not exceed one hundred (100) square feet; (c) no portion of such sign shall be greater than thirty (30) feet from ground level or the eave line of the roof of the main building located on the premises upon which such sign is erected, whichever is greater. Directional Signs: Provided no more than four (4) such signs have on them the same name. Home Occupation Signs: neon lighting. If illuminated, no flashing, blinking, color-~changing or Hunting, Fishing or No Trespassing Signs. Identification Signs: Provided: (a) not more than four (4) square feet in area; (b) not more than two (2) on any lot or premises. Location Signs: Provided: (a) if illuminated, no moving, flashing, blinking or color-changing or neon illumination or lighting; (b) the area of the sign shall not exceed one hundred (100) square feet; (c) no portion of the sign shall be greater than thirty (30) feet from ground level; (d) no more than six (6) such signs directing attention to any one establishment is permitted; and (e) provided further that no such sign shall be closer to another such sign than one thousand five hundred (1,500) feet on the same side of a right-of-way. Political Signs. Public Signs. Sale or Rental Si~gns:' Provided: (a) not more than sixteen (16) square feet in area unless the sign be more than six hundred (600) feet from a public-road, in which event such sign m~y be as much as but no greater than sixty (60) square feet in area; (b) not more than one (1) on any lot or premises unless the same be fifty (50) acres in area or more and have frontage on two or more public roads, in which event, one (1) sign may be erected for each road on which such lot or premises has frontage. Subdivision Signs. Temporary Directional Signs. Temporary Event Signs: Provided: (a)-not more than sixteen (16) square feet in area; (b) not more than two (2) on any lot or premises. VILLAGE RESIDENTIAL (VR); AND RESIDENTIAL (R-i) Auction Signs: Provided: (a) not more than thirty-two (32) square feet in area; (b) not more than one (1) on any lot or premises. Identification Signs: Provided: (a) not more than two (2) square feet in area; and (b) not more than one (1) on any lot or premises. Political Signs, Public Signs and No Trespassing, Hunting and Fishing Signs. Sale or Rental Signs: Provided: (a) not more than four (4) square feet in area; (b) not more than one (1) on any lot or premises. Subdivision Signs. Temporary Directiona'l Signs. Temporary Event Signs: Provided: (a) not more than four (4) square feet in area; (b) not more than one (1) on any lot or. premises. RESIDENTIAL (R-2 AND R-4) Auction Signs: Provided: (a) not more than thirty-two (32) square feet in area; (b) not more than one (1) on any lot or premises. Identification Signs: Provided: (a-) not more than two (2) square feet in area; and (b) not more than one (1) on any lot or-premises. Political Signs, Public Signs and No Trespassing, Hunting, and Fishing Signs. Sale or Rental Signs: Provided: (a) not more than four (4) square feet in area; (b) not more than one (1) on any lot or premises. Subdivision Signs. Temporary Directional Signs. Temporary Event Signs: Provided: (a) not more than four (4) square feet in area; (b) not more than one (1) on any lot or premises. December 10, 1980 (Regular Day Meeting) 4.15.3.4 4.15.3.5 4.15.3.6 RESIDENTIAL (R-6) Auction SignS: Provided: (a) not more than thirty-two (32) square feet in area; (b) not more than one (1) on any lot or premises. Identification Signs: Provided: (a) not more than two (2) square feet in area; (b) not more than one (1) on any lot or premises. Political Signs, Public Signs and No Trespassing, Hunting and Fishing Signs. Sale or RentaI Signs: Provided: (a) not more than four (4) square feet in area; (b) not more than one (1) on any lot or premises. Subdivision Signs. Temporary Directional Signs. Temporary Event Signs: Provided: (a) not more than four (4) square feet in area; (b) not more than one (il) on any lot or premises. RESIDENTIAL (R-10 AND R'15); PLANNED RESIDENTIAL DEVELOPMENT (PRO); AND PLANNED UNIT DEVELOPMENT (PUD) Auction Signs: Provided: (a) not more than thirty-two (32) square feet in area; (b) not more than one (1) on any lot or premises. Business Signs: Limited to wall signs with an aggregate area not to exceed twenty (20) square feet. If illuminated, no flashing, blinking or color-changing or exposed, bare or uncovered neon illumination or lighting. Directional Signs: Provided: If illuminated, no flashing, blinking, color-changing or neon illumination or lighting. Home Occupation Signs: If illuminated, no flashing, blinking, .color-changing or neon illumination or lighting. Identification Signs: Provided: (a) not more than two (2) square feet in area; (b) not more than one (1) on any lot or premises. Political, Public and No Trespassing, Hunting and Fishing Signs. Sale or Rental Signs: Provided: (a) not more than thirty-two (32) square feet in area; (b) not more than one (1) on any lot or premises; (c) no illumination permitted. Subdivision Signs. Temporary Directional Signs. Temporary Event Signs: Provided: (a) not more than four (4) square feet in area; (b) not more than one (1) on any lot or premises. COMMERCIAL (C-l) AND COMMERCIAL OFFICE (CO) Auction Signs: Provided: (a) not more than thirty-two (32) square feet in area; (b) not more than one (1) on any lot or premises. Business Signs, Free-standing or Projecting: Provided: (a) if illuminated, no moving, flashing, blinking, color-changing or exposed, bare.or uncovered neon illumination or lighting; (b) the aggregate area of such signs shall not exceed fifty (50) square feet; (c) no portion of such sign shall be greater than thirty (30) feet from ground level or the eave line of the roof of the main building located on the premises upon which such sign is erected, whichever is greater; (d) no more than two (2) free-standing signs on any one (1) lot or premises; (e) no more than three (3) projecting signs. Business Signs, Roof: Provided: (a) signs shall in no manner be illuminated; (b) the aggregate area of all signs for any establishment shall not exceed fifty (50) square feet; (c) sign shall be in vertical plane; (d) no portion of sign shall exceed thirty (30) feet in height above ground level nor project above the roof peak, including mansard and fake mansard roofs. On a parapet wall, sign shall not project above the parapet wall; (e) no more than three (3) signs, including roof signs, shall be permitted for any establishment. Business Signs, Wall: Provided: (a) if illuminated, no moving, flashing, blinking, color-changing, or exposed, bare or uncovered neon illumination or lighting; (b) the aggregate area of all such signs shall not exceed one hundred (100) square feet; (c) no portion of such sign shall be greater than thirty (30) feet from ground level or the eave line of the roof of the main building located on the premises upon which such sign is erected, whichever is greater. Directional Signs: nam e. Provided no more than two (2) signs have on them the same Location Signs: Provided: (a) if illuminated, no moving, flashing, blinking or color-changing or neon illumination or lighting; (b) the area of the sign shall not exceed fifty (50) square feet; (c) no portion of the sign shall be greater than thirty (30) feet from ground level; (d) no more than six (6) such signs directing attention to any one establishment is permitted; (e) provided further that no such sign shall be closer to another such sign than one thousand five hundred (1,500) feet on the same side of a right-of-way. 4.15.3,7 4.15.3.8 Political, Public and No Trespassing, Hunting and Fishing Signs. .... Sage o~Rental Signs: Provided: not more than two (2) signs with an aggregate area of sixty-four (64) square feet and limited to sixteen (16) feet in height. Temporary Event Signs- Provided: (a) not more than sixteen (16) square feet in area; (b) not more than two (2) on any lot or premises. HIGH~-~:COMMERCIAL (HC); PLANNED DEVELOPMENT-SHOPPING CENTER (PD-SC); AND PLANNED DEVELOPMENT-MIXEDi COMMERCIAL (PD-MC) Auction Signs: Provided: (a) not more than thirty-two (32) square feet in area; (b) not more than one (1) on any lot or premises. Business Signs, Free-standing or Projecting: Provided: (a) if illuminated, no moving, flashing, blinking, color-changing or exposed, bare or uncovered neon illumination or lighting; (b) the aggregate area of such signs shall not exceed one hundred (100) square feet; (c) no portion of such sign shall be greater than thirty (30) feet from ground level or the eave line of the roof of the main building located on the premises upon which such sign is erected, whichever is greater; (d) no more than two (2) free-standing signs on any one (1) lot or premises (e) no more than three (3) projecting signs. Business Signs, Roof: Provided: (a) signs shall in no manner be illuminated; (b) the aggregate area of all signs for any establishment shall not exceed one hundred (100) square feet; (c) sign shall be in vertical plane; (d) no portion of sign shall exceed thirty (30) feet in height above ground level nor project above the roof peak, including mansard and fake mansard roofs. On a parapet wall, sign shall not project above the parapet wall; (e) no more than three (3) signs, including roof signs, shall be permitted for any establishment. Business Sign, Wall: Provided: (a) if illuminated, no moving, flashing, blinking, color-changing, or exposed, bare or uncovered neon illumination or lighting; (b) the aggregate area of all such signs shall not exceed two hundred (200) square feet; (c) no portion of such sign shall be greater than thirty (30) feet from ground level or the eave line of the roof of the main building located on the ~remises upon which such sign is erected, whichever is greater. Directional Signs: Provided no more than four (4) signs have on them the same ns_r~e. Locatio~ Signs: Provided: (a) if illuminated no moving, flashing, blinking or color-changing or neon illumination or lighting; (b) the area of the sign shall not exceed one hundred (100) square feet; (c) no portion of the sign shall be greater than thirty (30) feet from ground level; (d) no more than six (6) such signs directing attention to any one establishment is permitted; (e) provided further that no such sign shall be closer to another such sign than one thousand five hundred (1,500) feet on the same side of a right-of-way. PolitiCal, Public and No Trespassing, Hunting and Fishing Signs. Sale or Rental Signs: Provided: not more than two (2) signs with an aggregate area of sixty-four (64) square feet and limited to sixteen (16) feet in height. Temporary Event Signs: Provided: (a) not more than sixteen (16) square feet in area; (b) not more than two (2) on any lot or premises. LIGHT iNDUSTRIAL (LI) AND PLANNED DEVELOPMENT-INDUSTRIAL PARK (PD-IP) Auction Signs: Provided: (a) not more than thirty-two (32) square feet in area; (b) not more than one (1) on any lot or premises. Business Signs, Free-standing or Projecting: Provided: (a) if illuminated, no ~mo~ing, flashing, blinking, color-changing or exposed, bare or uncovered neon illumination or lighting; (b) the aggregate area of such signs shall not exceed one hundred (100) square feet; (c) no portion of such sign shall be greater than thirty (30) feet from ground level or the eave line of the roof of the main building located on the premises upon which such sign is erected, whichever is greater;~ (d) no more than two (2) free-standing signs on any one (1) lot or premises; (e) no more than three (3) projecting signs. Business Signs, Wall: Provided: (a) if illuminated, no moving, flashing, , color-changing, or expOsed, bare or uncovered neon illumination or lighting; (b the aggregate area of all such signs shall not exceed three hundred (300) squar feet; (c) no portion of such sign shall be greater than thirty (30) feet from ground level or the eave line of the roof of the main building located on the premiS~s~ upon which such sign is erected, whichever is greater. Directional Signs: Provided no more than four (4) such signs have on them the name. Location Signs: Provided: (a) if illuminated, no moving, flashing, blinking or color-changing or neon illumination or lighting; (b) the area of the sign shall not exceed one hundred (100) square feet; (c) no portion of the sign shall be greater than thirty (30) feet from ground level; (d) no more than six (6) such signs directing attention to any one establishment is permitted; (e) provided further that no such sign shall be closer to another such sign than one thousand five ~hundr~d (1,500) feet on the same side of a right-of-way. PolZ~¢~al, Public and NO Trespassing, Hunting and Fishing Signs. Sale or Rental Signs: Provided: not more than two (2) signs with an aggregate area of sixty-four (64) square feet and limited to sixteen (16) feet in height. December 10, 1980 (Regular Day Meeting) 4.15.3.9 4.15.4 4.15.4.1 4.15.4.2 4.15.4.3 4.15.4.4 Temporary Event Signs: Provided: (a) not more than sixteen (16) square feet in area; (b) not more than two (2) on any 10t or premises. HEAVY INDUSTRY (HI) Auction Signs: Provided: (a) not more than thirty-tw© (32) square feet in area; (b) not more than one (1) on any lot or premises. Business Signs, Free-standing or Projecting: Provided: (a) if illuminated, no moving, flashing, blinking, color-changing or exposed, bare or uncovered neon illumination or lighting; (b) the aggregate area of such signs shall not exceed one hundred (100) square feet; (c) no portion of such sign shall be greater than thirty (30) feet from ground level or the eave line of the roof of the main building located on the premises upon which such sign is erected, whichever is greater; (d) no more than two (2) free-standing signs on any one lot Or premises; (e) no more than three (3) projecting signs. Business Signs, Roof: Provided: (a) sign shall in no manner be illuminated; (b) the aggregate area of all signs for any establishment~ shall not exceed on~ hundred (100) square feet; (c) sign shall be in vertical plane; (d) no portion of sign shall exceed thirty (30) feet' in height above ground level nor project above the roof peak, including mansard and fake mansard roofs. On a parapet wall, sign shall not project above the parapet wall; (e) no more than three (3) signs, including roof signs, shall be permitted for any establishment. Business Signs, Wall: Provided: (a) if illuminated, no moving, flashing, blinking, color-changing, or exposed, bare or Uncovered neon illumination or ~lighting; (b) the aggregate area of all such signs shall not exceed three hundred (300) square feet; (c) no portion of such sign shall be greater than thirty (30) feet from ground level or the eave line of the roof of the main building'located on the premises upon which such ~ign is erected, whichever is greater. Directional Signs: same name. Provided: not more than four (4) such signs have on them the Location Signs: Provided: (a) if illuminated, no moving, flashing, blinking or color-changing or neon illumination or lighting; (b) the area of the sign shall not exceed one hundred (100) square feet; (c) no portion of the sign shall be greater than thirty (30) feet from ground level; (d) no more than six (6) such signs directing attention to any one establishment; (e) provided further that no such sign shall be closer to another such sign than one thousand five hundred (1,500) feet on the same side of a right-of-way. Political, Public and No Trespassing, Hunting and Fishing Signs. Sale or Rental Signs: Provided: not more than two (2) signs with an aggregate area of sixty-four (64) square feet and limited to sixteen (16) feet in height. Temporary Event Signs: Provided: (a) not more than sixteen (16) square feet in area; (b) not more than two (2) on any lot or premises. ADMINISTRATION OF SIGNS SIGN PERMITS No person shall erect or cause to be erected any sign, except auction and temporary event signs, in excess of five (5) square feet in area unless and until a permit therefor shall have been obtained from the zoning administrator. Such permit shall be issued upon the payment of a fee in the amount of ten dollars ($10.00) to cover the cost incident to the issuance of such permit and upon a finding by the zoning administrator that the proposed sign conforms to the requirements of this ordinance. SIGNS PROHIBITED No sign which is visible from any federal interstate highway system or designated scenic highway or byway system is permitted in any zone, except for on-site sale or rental signs and on-site business signs, providing the permitted signs follow the requirements set forth in section 4.15. REMOVAL OF SIGNS Whenever a sign becomes structurally unsafe or endangers the safety of a structure or premises or the public, or is erected or maintained in violation of this ordinance, the zoning administrator shall order such sign to be made safe or comply with this ordinance, as the case may be, or be removed. Such order shall be sent by registered mail and shall be complied with within twelve (12) days from the date of mailing said order by the persons owning or responsible for the sign. Failure to comply shall constitute grounds for the zoning administrator to have the sign removed, and the cost thereof shall be added to any fine imposed for violation under this ordinance. NONCONFORMING SIGNS AND DISCONTINUANCE Any sign lawfully in existence at the time of the effective date of this ordinance may be maintained although it does not conform with the provisions of this ordinance If any nonconforming sign is destroyed Or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence shall exceed fifty (50) percent of the cost of reconstructing such sign, it shall be restored only if such use complies with the requirements of this ordinance. December 10, 1980 (Regular Day Meeting) 4.15.4.5 5.0 5.1 5.1.1 TRAFFIC HAZARDS No sign shall be located or illuminated in such a manner as, in the opinion of the zoning administrator, to cause a traffic hazard. Where a permit is required, the permit shall not be issued until the location and illumination, if any, of the sign are approved by the zoning administrator, who may consult with the resident highway office, Virginia Department of Highways and Transportation, to assist him in determining whether a traffic hazard exists. SUPPLEMENTARY REGULATIONS The following supplementary regulations apply to uses in all districts whether or not such uses are permitted by right or by special use permit. Supplementary regulations are in addition to all other requirements of this ordinance, the Code of Albemarle, and all other applicable law. In review of any use by special use permit, the commission and board of supervisors may vary or waive any provision of this section as deemed appropriate in a particular case. AIRPORTS; HELIPORTS; HELISTOPS In review of a special use permit petition for an airport or heliport, the board of supervisors shall be mindful of the substantial public investment in th~ Charlottesville-Albemarle Airport, and shall only approve such petition upon a finding that: Equivalent or better service is not available at the Charlottesville- Albemarle Airport; Operation of the proposed airport or heliport will in no fashion interfere or compete with the physical operations of the Charlottesville-Albemarle Airport. No application shall be considered unless it is accompanied by five (5) copies of a plan, drawn to scale, showing the proposed location of the airport; boundary lines; dimensions; names of owners of abutting properties; proposed lay-out of runways, landing strips or areas, taxi strips, aprons, roads, parking areas, hangars, buildings, and other structures and facilities; the location and height of all buildings, structures, trees, and overhead wires falling within the airport approach zones and less than five hundred (500) feet horizontally and one thousand (1,000) feet longitudinally from the proposed runway; other pertinent data, such as topography and grading plan, drainage, water and sewerage, etc. Copies of the plan shall be forwarded to the Federal Aviation Administration and the Virginia Department of Aviation for comment and recommendation on the following: The area shall be sufficient to meet requirements of the Federal Aviation Administration and Virginia Department of Aviation for the class of airport proposed; There are no existing flight obstructions, such as towers, chimneys, or other tall structures, or natural obstructions outside the proposed airport which fall within the airport imaginary surfaces or instrument approach zones to any of the proposed runways or landing strips of the airport; There is sufficient distance between the end of each usable landing strip and the airport boundary to satisfy the requirements above. In cases where air rights or easements have been acquired from the owners of abutting properties in which the approach zones may fall, satisfactory evidence thereof shall be submitted with the application. c. In addition to the foregoing, the following requirements shall be met: No runway or heliport area shall be located nearer than five hundred (500) feet horizontally or one thousand (1,000) feet longitudinally to any residential structure on any adjoining property. No hangar or aircraft storage shall be located nearer than five hundred (500) feet to any residential structure on an adjoining property. Within any agricultural or residential district, commercial activities and private clubs located on the premises with a private airport, flight strip, or helipad, are expressly prohibited; Any roof top surface or touchdown pad which will be utilized as an elevated heliport shall be designed and erected in a manner sufficient to withstand the anticipated additional stress; All maintenance, repair and mechanical work, except that of an emergency nature, shall be performed in enclosed buildings; Ail facilities shall be located and designed so that operation thereof will not seriously affect adjacent residential areas, particularly with respect to noise levels; Except for elevated helistops, no area used by aircraft under its own po~er shall~be located within a distance of five hundred' (500) feet of any residential structure on any adjoining property. Elevated helistops shall be located in accordance with the bulk regulations of the zoning district in which located; All areas used by aircraft under its own power shall be provided with a reasonably dust free surface. December 10, 1980 '(Regular Day Meeting) 5.1.2 5.1.3 5.1.4 5.1.5 5.1.6 5,1.7 5.1.8 CLUBS, LODGES Regardless of provisions of individual zoning districts, gun clubs and shooting ranges shall be permitted by special use permit only; Such subordinate uses and fund-raising activities as bingo, raffles, auctions, etc., shall be conducted in enclosed buildings only. Noise generated from such activity shall not exceed forty (40) decibels at the nearest agricultural or residential property line. No such activity shall be conducted between 11:00 p.m. and 8:00 a.m. COMMERCIAL STABLE Riding rings and other riding surfaces shall be covered and maintained with a material such as pine bark to minimize dust and erosion; Fencing and other methods of animal confinement shall be maintained at all time COMMUNITY CENTER Any such use seeking public funding shall be reviewed by the commission in accordanc with section 31.2.5. Specifically, the commission shall find that the proposed service area is not already adequately served by another such facility. In addition, the commission shall be mindful that such use is appropriate to villages, communities and the urban area of the comprehensive plan. DAY CAMP, BOARDING CAMP a. Provisions for outdoor cooking, campfires, cooking pits, etc., shall be subject to Albemarle County fire official approval whether or not a site development plan is required; b. Ail such uses shall conform to the requirements of the Virginia Department of Health Bureau of Tourist Establishment Sanitation and other applicable requirements. DAY CARE, NURSERY FACILITY a. No such use shall operate without licensure by the Virginia Department of Welfare as a child care center. It shall be the responsibility of the owner/operator to transmit to the zoning administrator a copy of the original license and all renewals thereafter and to notify the zoning administrator of any license expiration, suspension, or revocation within three (3) days of such event. Failure to do so shall be deemed wilful noncompliance with the provisions of this ordinance; b. Periodic inspection of the premises shall be made by the Albemarle County fire official at his discretion. Failure to promptly admit the fire official for such inspection shall be deemed wilful noncompliance with the provisions of this ordinance; c. These provisions are supplementary and nothing stated herein shall be deemed to preclude application of the requirements of the Virginia Department of Welfare, Virginia Department of Health, Virginia State Fire Marshal, or any other local, state, or federal agency. HOME FOR DEVELOPMENTALLY DISABLED PERSONS a. Conditions may be imposed on such homes to insure their compatibility with other permitted uses, but such conditions shall not be more restrictive than those imposed on other dwellings in the same districts unless such additional conditions are necessary to protect the health and safety of the residents of such homes; b. In particular, homes for developmentally disabled persons shall be subject to Albemarle County fire official review. DRIVE-IN THEATRE a. Minimum area of site shall be five (5)~ acres; b. The site shall be adjacent to a major road or roads and entrances and exits shall be from said roads; c. Off-street parking or storage lanes for waiting patrons shall be available to accommodate not less than thirty (30). percent of the vehicular capacity of the theatre unless at least six (6) entrance lanes, each with a ticket dispenser, are provided, in which case the amount may be reduced to not less than ten (10) percent; d. The screen shall be located as to be reasonably unobstrusive to view from any major street, public area, or scenic look-out; e. A wall or fence of adequate height shall be provided to screen the patrons and cars in attendance at said theatre from the view of the surrounding property. The perimeter of said fence shall be landscaped~with suitable plants and shrubbery to preserve as far as possible harmony with the appearanc of the surrounding property; f. Individual loud speakers for each car shall be provided and no central loud speaker shall be permitted; 5.1.9 5.1.10 5.1.11 5.1.12 5.1.13 Exits and aisles and passageways shall be kept adequately lighted at all times when open to the public. Artificial lights shall be provided whenever natural light is inadequate. FIRE, AMBULANCE, RESCUE SQUAD STATION (¥OLUNTEER) Any such use seeking public funding shall be reviewed by the commission in accordance with section 31.2.5. Specifically, the commission shall find that the proposed service area is not already adequately served by another such facility. In addition, the commission shall consider: growth potential for the area; relationship to centers of population and to high-value property concentrations; and access to and adequacy of public roads in the area for such use. The commission may request recommendation from the Albemarle County fire official and other appropriate agencies in its review; Such subordinate uses and fund-raising activities as bingo, raffles, and auctions shall be conducted in an enclosed building only. Noise generated from such activity shall not exceed forty (40) decibels at the nearest agricultural or residential property line. No such activity shall be conducted between 11:00 p.m. and 8:00 a.m. JUNK YARDS Ail storage and operational areas shall be enclosed by a solid, light-tight, sightly fence not less than eight (8) feet in height or alternative screening and/or fencing satisfactory to the commission; Storage yards and access to public roads shall be maintained in a dust free surface. COMMERCIAL KENNEL, VETERINARY, ANIMAL HOSPITAL ae Except where animals are confined in soundproofed, air-conditioned buildings, no structure or area occupied by animals shall be closer than five hundred (500) feet to any agricultural or residential lot line. In no case shall any such structure or area be located closer than two hundred (200) feet to any agricultural or residential lot line; For soundproofed confinements, noise measured at the nearest agricultural or residential property line shall not exceed forty (40) decibels; For non-soundproofed animal confinements, an external solid fence not less than six (6) feet in height sha~ll be located within fifty (50) feet of the animal confinement and shall be composed of concrete block, brick, or other material approved by the zoning administrator; In all cases, animals shall be confined in an enclosed building from 10:00 p.m. to 6:00 a.m. Noise measured at the nearest agricultural or residential ~ property line shall not exceed forty (40) decibels. PUBLIC UTILITY STRUCTURES/USES The proposed use at the location selected will not endanger the health and safety of workers and/or residents in the community and will not impair or prove detrimental to neighboring properties or the development of same; Public utility buildings and structures in any residential zone shall, wherever practical, have the exterior appearance of residential buildings and shall have landscaping, screen planting, and/or fencing, whenever these are deemed necessary by the commission; In addition, trespass fencing and other safety measures may be required as deemed necessary to reasonably protect the public welfare; In cases of earth-disturbing activity, immediate erosion control and reseeding shall be required to the satisfaction of the zoning administrator; Such structures as towers, transmission lines, transformers, etc., which are abandoned, damaged, or otherwise in a state of disrepair, which in the opinion of the zoning administrator pose a hazard to the public safety, shall be repaired/removed to the satisfaction of the zoning administrator within a reasonable time prescribed by the zoning administrator; de In approval of a public utility use, the commission shall be mindful of the desirability of use by more than one utility company of such features as utility easements and river crossings, particularly in areas of historic visual or scenic value, and it shall, insofar as practical, condition such approvals so as to minimize the proliferation of such easements or crossings, as described by the comprehensive plan. REST HOME, NURSING HOME, CONVALESCENT HOME, ORPHANAGE Such uses shall be provided in locations wherethe physical surroundings are compatible to the particular area;- No such use shall be established in any area either by right or by special use permit, until the Albemarle County fire official has determined that adeqUate fire protection is available to such use; Generally such uses should be located in proximity to or in short response time to emergency medical and fire protection facilities. Uses for the elderly and handicapped should be convenient to shopping, social, education, and cultural uses; December !0, 1980 (Regular Day Meeting) 5.1.14 5.1.15 5.1.16 No such use shall be operated without approval and, where appropriate, licensing by such agencies as 'the Virginia Department of Welfare, the Virginia Department of Health, and other such aPpropriate local, state, and federal agencies as may have authority in a particular case. SANITARY LANDFILL The site plan review committee, as provided for in section 32.0, shall review each application for a landfill and shall furnish a report to the commission and board of supervisors; No special use permit for a landfill shall be issued unless the same has been approved by the county engineer, the State Water Control Board, the Virginia Department of Health, and other appropriate agencies with respect to the suitability of the site for such use; Every special use permit for a landfill shall be deemed to incorporate as specific conditions all other provisions of law related to such use; Upon completion of operations, the land shall be left in a safe condition and in such a state that it can be used for development of a use permitted in the district in which such land is located. Further, sufficient drainage improvements shall be provided so as to prevent water pockets or erosion, and such improvements shall be so designed that both natural and storm~at.~r' leaves the entire property at the original natural drainage points, and the area draining to any one point is not increased; Except for improvements necessary for the operation of a landfill, no improveme~ shall be constructed in or upon any landfill for a period of twenty (20) years after the termination of the landfill operation without the prior approval of the board of supervisors. No such approval shall be granted unless the applicant demonstrates that: Any residual post-construction settlement will not affect the appearance or structural integrity of the proposed improvement; The nature and extent of corrosion-producing properties, the generation and escape of combustible gases and potential fire hazards of the constituent material, considering its state of decomposition, has been provided for adequately and will not create an unsafe or hazardous condition in or around any of said proposed improvements; There shall be an annual inspection of each landfill by the county engineer who shall report his findings to the board of supervisors. In making such report, the county engineer may request information from any appropriate governmental agency he deems necessary~. Every landfill shall be subject to such additional regulations as maybe required by the board of supervisors including type of debris and materials to be deposited and soil compaction adequate to support ultimate use of the property. SAWMILL, TEMPORARY OR PERMANENT (SEE ALSO SECTION 5.1.23) No structure and no storage of lumber, logs, chips or timber shall be located closer than one hundred (100) feet to any lot line. Trees and vegetation within the one hundred (100) foot setback shall be maintained as a buffer to adjoining properties .and uses, provided that during the last three months of operation such trees may be removed; No saw, planer, chipper, conveyor, chute or other like machinery shall be located closer than six hundred (600) feet to any dwelling on other property in the area; No sawing, planing, chipping, or operation of other processing~machinery shall occur between 7:00 p.m. and 7:00 a.m. No loading/unloading of wood/wood products shall occur between 12:00 midnight and 7:00 a.m.; Ail timbering and milling operations, including reforestation/restoration and disposal of snags, sawdust, and other debris, shall be conducted in accordance with Title 10 of the Code and the regulations of the Virginia Division of Forestry; All such operations shall be subject to the noise limitation requirements of section 4.14. SWIMMING, GOLF, TENNIS CLUBS a· The swimming pool, including the apron, filtering and pumping equipment, and any buildings, shall be at least sevEnty-five (75)feet from the nearest property line and at least one hundred twenty-five (125) feet from any existing dwelling on an adjoining property, except that, where the lot upon which it is located abuts land in a commercial or industrial district, the pool may be constructed no less than twenty-five (25) feet from the nearest property line of such land in a commercial or industrial district; When the lot on which any such pool is located abuts the rear or side line of, or is across the street from, any residential district, a substantial, sightly wall, fence, or shrubbery shall be erected or planted, so as to screen effectively said pool from view From the nearest property in such residential district; i December 10, 1980 (Regular Day Meeting) 5.1.17 5.1.18 5.1.18.1 5.1.18.2 5.1.19 The sound from any radio, recording device, public address system or other speaker shall be limited to forty (40)decibels at .the nearest residential property line; The board of supervisors may, for the protection of the health, safety, morals, and general welfare of the community, require such additional conditions as it deems necessary, including but not limited to provisions for additional fencing and/or planting or other landscaping, additional setback from property lines, additional parking space, location and arrangement of lighting, and other reasonable requirements; Provision for concessions for the serving of food, refreshments, or entertainmen for club members and guests may be permitted under special use permit procedures TOURIST LODGING The zoning administrator may issue a permit for such use for a period not exceeding five (5) years and renewable for five (5) year periods thereafter, provided that: Approval for such use has been obtained from the Albemarle County fire official. The fire official shall thereafter inspect the premises at his discretion; Approval of permit has been obtained from the Bureau of Tourist Establishment Sanitation of the Virginia Department of Health. TEMPORARY CONSTRUCTION HEADQUARTERS, YARDS TEMPORARY CONSTRUCTION HEADQUARTERS A temporary permit may be issued by the zoning administrator for a period beginning no earlier than thirty (30) days prior to the commencement of actual construction and terminating no later than twenty (20) days after completion of the last building to be constructed in the project; Such uses shall be located within the recorded subdivision or on the same lot where the construction project is located; The area in the vicinity of such uses and access roads thereto shall be treated or maintained in such a manner as to prevent dust or debris from blowing or spreading onto adjacent properties or public streets. TEMPORARY CONSTRUCTION YARDS ae A temporary permit may be issued by the zoning administrator for a period not to exceed eighteen (18) months; Such a yard shall be located within the recorded subdivision which it serves or on the same lot where the construction project is located; No portion of such a yard shall be located closer than fifty (50) feet to any right-of-way line of any public street existing prior to the recording of the subdivision served by such yard or existing prior to the commencement of the construction project; No portion of such a yard shall be located closer than one hundred fifty (150) feet to any preexisting dwelling not owned or leased by the owner of the subdivision or construction project served by such yard; Ail areas of such a yard and access roads thereto shall be treated or maintained in such manner as to prevent dust or debris from blowing or spreading onto adjoining properties or onto any public right-of-way. Such yards shall be maintained in a clean and orderly manner, and~building material and construction residue and debris shall not be permitted to accumulate; All buildings, materials, supplies and debris shall be completely removed from such yard within sixty (60)days from the date of completion of the last building to be constructed or within sixty (60) days from the date active construction is discontinued, whichever occurs flrst~, but in no event shall the time exceed the limit set forth above; Where deemed necessary and desirable by the zoning administrator, when such yards are to be located in or adjacent to a residential district, appropriate screening or fencing measures shall be provided. WAYSIDE STAND ae Structures for wayside stands, including vehicles, shall not exceed six hundred (600) square feet in aggregate floor area nor be located closer than thirty-five (35) feet to any public road right-of-way; No such use may be established without approval of a preliminary site developmen plan by the director of planning. In review of such plan, the director of planning shall give particular~attention to provisions for safe and convenient access from and to the public road and adequacy of delineation of parking. No such plan shall be approved until the Virginia Department of Highways and Transportation has approved commercial access to the site. December 10, 1980 (Regular Day Meeting) 5.1.20 5.1.21 5.1.22 5.1.23 5.2 5.2.1 5.2.2 5.2.2.1 SALE AND/OR STORAGE OF PETROLEUM PRODUCTS INCLUDING KEROSENE, GASOLINE, AND HEATING OIL No storage in excess of six hundred (600) gallons or sale of petroleum products shall be established without Albemarle County fire official approval; In such review and approval the fire official may, in addition to other safety requirements, require separation between such use and adjoining uses as deemed necessary to protect the public health and safety. DWELLINGS IN COMMERCIAL DISTRICTS Dwellings in commercial districts are intended primarily for owners or employees of establishments including night watchmen; Such dwelling may be located individually or in the same structure as the commercial use, subject to Albemarle County building official and fire official approvals. FEED AND SEED STORE a. Ail loose bulk storage of seed, grains, and feed shall be in enclosed buildings Provision shall be made for the control of dust during handling of loose bulk storage materials; c. No such use shall be established without Albemarle County fire official approva FORESTRY In districts other than the RA, cutting of trees on wooded lands shall be limited to selective cutting which is designed to promote the welfare of the remaining trees, except that wooded lands may be cleared as an incident to the preparation of land for the establishment of some other use permitted in the district, provided that: 1. Such use is exempt from the provisions of section 32.0 hereof; or A site development plan for such permitted use shall have been approved in accordance with the provisions of section 32.0, of this ordinance; b. The following regulation shall apply in all zoning districts: No tree within fifteen (15) feet of any perennial stream or water supply impoundment may be cut, except for selective cutting which is designed to promote the welfare of the remaining trees, or in order to provide access for livestock or for another permitted use. HOME OCCUPATIONS CLEARANCE OF ZONING ADMINISTRATOR REQUIRED Except as herein provided, no home occupation shall be established without approval of the zoning administrator. Upon receipt of a request to establish a home occupation, the zoning administrator shall refer the same to the Virginia Department of Highways and Transportation for approval of entrance facilities. In addition, the zoning administrator shall determine the adequacy of existing parking for such use. No such clearance shall be issued for any home occupation, Class B, except after compliance with section 5.2.3 hereof. REGULATIONS GOVERNING HOME OCCUPATIONS The following regulations shall apply to any home occupation: Such occupation may be conducted either within the dwelling or an accessory structure, or both, provided that not more than twenty-five (25) percent of the floor area of the dwelling shall be used in the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand five hundred (1,500) square feet; provided that the use of accessory structures shall be permitted only in connection with home occupation, Class B. There shall be no change in the outside appearance of the buildings or premises, or other visible evidence of the conduct of such home occupation other than one (1) sign. Accessory structures shall be similar in facade to a single-family dwelling, private garage, shed, barn, or other structure normally expected in a rural or residential area and shall be specifically compatible in design and scale with other development in the area in which located. Any accessory structure which does not conform to the setback and yard regulations for main structures in the district in which it is located shall not be used for any home occupation. There shall be no sales on the premises, other than items handcrafted on the premises, in connection with such home occupation; this does not exclude beauty shops or one-chair barber shops. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street. 513 December 10, 1980 (Regular DaM Meeting) 5.2.2.2 5.2.3 5.2.4 5.3.1 5.3.2 5.3.2.1 5.3.2.2 5.3.2.3 5.3.2.4 5.3.3 5.3.3.1 5.3.3.2 5.3.3.3 5.3.3.4 5.3.3.5 5.3.4 5.3.4.1 5.3.4.2 5.3.4.3 e. All ~home occupations shall comply with performance standards set forth in section 4.14. Tourist lodging, nursing homes, nursery schools, day care centers,~and private schools shall not be deemed home occupations. Prior to issuance of clearance for any home occupation, the zoning administrator shall require the applicant to sign an affidavit stating his clear understanding of and intent to abide by the foregoing regulations. CERTAIN PERMITS REQUIRED No home occupation, Class B, shall be established until a permit shall have been issued therefor. The provisions of section 5.6.1 of this ordinance shall apply hereto, mutatis mutandis. REVOCATION The zoning administrator may revoke any clearance or permit issued pursuant to this section, after hearing, for noncompliance with this ordinance or any condition imposed under the authority of this section. MOBILE HOME PARKS These provisions are designed to accommodate mobile homes in a planned neighborhood setting with open space and recreation requirements in order to encourage a suitable living environment where rental lots are provided for mobile home habitatic A mobile home park may be established by the commission and board of supervisors by special use permit obtained pursuant to sections 5.0 and 31.0 of this ordinance. MINIMUM SIZE MOBILE HOME PARKS A mobile home park shall consist of five (5) acres or more. MINIMUM LOT SIZES/WIDTHS AND MAXIMUM DENSITIES Each mobile home lot shall comply with the following'area, width and density requirements: Mobile home lots shall consist of four thousand (4,000) square feet or more, exclusive of open space, setback, yard and off-street parking requirements, and shall have a width of forty (40) feet or more. Mobile home lots served by either a central water or sewerage system shall consist of thirty thousand (30,000) square feet or more and shall have a width of one hundred (t00) feet or more. Mobile home lots served by neither a central water or sewerage system shall consist of forty thousand (40,000) square feet or more and shall have a width of one hundred thirty (130) feet or more. For each mobile home park, maximum permitted density shall be established at time of special use permit approval by the board of supervisors. In determining maximum density, the board shall consider among other factors: ~he density of development in the area in which the mobile home park is proposed to be located; the physical capabilities of the site to support the requested density, particularly in regard to water and sewer facilities; and the board shall be particularly mindful of recommendations in the comprehensive plan in regard to mobile homes. LOCATION OF MOBILE HOMES Each mobile home shall be located on a mobile home lot. The minimum distances between mobile homes shall be: Twenty (20) feet end-to-end; Twenty (20) feet side-to-side or side-to-end; The Albemarle County fire official may require additional space between mobile homes or between mobile homes and other structures in any area in which he shall determine the same to be reasonably necessary to prevent unreasonable danger of fire or to provide adequate protection therefrom. No mobile home shall be located within fifty (50) feet of any service or recreations structure intended to be used by more than one (1) mobile home. Each mobile home lot shall front on an internal street. No mobile home or other structure shall be located closer than five (5) feet from any mobile home space lot line. SETBACKS Mobile homes and other structures shall be set back seventy-five (75) feet or more from the right-of-way of any public street; Mobile homes and other structures shall be set back fifty (50) feet or more from the mobile home park property line; Mobile homes and other structures shall be set back fifteen (15) feet or more from $I4 5.3.5 5.3.5.1 5.3.5.2 5.3.5.3 5.3.6 5.3.7 5.3.8 5.4 5.4.1 5.4.2 5.4.3 5.4.4 5.4.5 5.5 5.5.1 5.5.2 UTILITY CONNECTIONS Each mobile home lot shall be provided with an individual connection to a public sewerage system or other approved sanitary sewage disposal system; Each mobile home lot shall be provided with an individual connection to a public water supply or other approved potable water supply; Each mobile home shall be provided with electrical service installed in accordance with the National Electrical Code. OFF-STREET PARKING Each mobile home lot shall be provided with two (2) off-street parking spaces in accordance with section 4.12 of this ordinance. RECREATIONAL AREA REQUIREMENTS For any development of thirty (30) dwelling units or more, exceeding four (4) dwelling units per acre in gross density, a minimum of fifty (50) square feet per dwelling unit of recreational area shall be provided on the property. Not more than twenty-five (25) percent of such area shall be provided within buildings. Unless otherwise specifically permitted due to the peculiar nature of a particular development, such area shall be developed proportionately with facilities appropriat to pre-school and elementary school aged children. The commission shall consider the appropriateness of such area for the intended usage in terms of such factors as location, shape, topographic characteristics, compatibility to adjoining uses, accessibility to residents and ease of supervision. MINIMUM STANDARDS FOR INTERNAL STREETS Internal streets shall be developed in accordance with the design standards for private roads as set forth in Chapter 18 of the Code of Albemarle (Subdivision of Land), provided that depth of base shall in no case be less than five (5) inches of compacted crushed stone. TEMPORARY MOBILE HOME PARKS Special use permits for temporary mobile home parks may be issued by the board of supervisors, subject to the following findings: That the location of a temporary mobile home park is necessary for the housing of construction workers employed on an industrial, highway or similar construction project; That the request is filed by or certified by the industry or by the virginia Department of Highways and Transportation as being essential to the constructio MINIMUM AREA REQUIRED A minimum area of two thousand (2,000) square feet shall be provided for each space. SANITATION REQUIRED Sanitary facilities shall conform to requirements of the State Health Department for "Trailer Camp Sanitation". LIMITED TIME, RENEWAL The period for operating such temporary park shall concur with the anticipated period of the construction. Application for renewal may be submitted if more time is required to complete the project. However, such renewal application must be filed at least forty-five (45) days prior to the expiration of the original temporary use permit. BONDING, REMOVAL The board of supervisors, in granting such special use permit, may require the posting of a bond to insure the temporary mobile home park will be removed and the site left in good order at the expiration of the permit. ADDITIONAL REQUIREMENTS The board of supervisors shall establish such additional requirements as are in the best interest of the public. MOBILE HOME SUBDIVISIONS PURPOSE This provision is designed primarily to benefit those who wish to acquire ownership or equity in a lot and occupy the premises themselves, but who may find it undesira! or difficult to construct a conventional single-family dwelling. It is intended that conventional homes may be built in mobile home subdivisions and that owners of mobile homes in these subdivisions may improve, convert, or change their residences from mobile homes to conventional dwellings. APPLICATION These regulations shall supplement and be in addition to the regulations of the district in which any such subdivision shall be located, except, that no regulation December 10, 1980 (Regular Day Meeting) 5.5.3 5.5.4 5.5.5 5.6 5.6.1 5.6.1.1 5.6.1.2 5.6.1.3 5.6.2 SPECIAL USE PERMIT REQUIRED A mobile home subdivision may be established by the commi~ssion and the board of supervisors by speciaI~use permit obtained pursuant to section 3I'.0 of this ordinance· MINIMUM SIZE OF MOBILE HOME SUBDIVISIONS A mobile home subdivision shall consist of ten (10)lots or more. SUBDIVISION CONTROL Ail mobile home subdivisions shall conform to the requirements of ChaPter 18 of the Code of Albemarle (Subdivision of Land); Chapter 7 of the Code of Albemarle (Erosion and Sedimentation Control); and all other applicable law. MOBILE HOMES ON INDIVIDUAL LOTS PROCEDURE This section provides for administrative approval of mobile homes on individual lots in certain cases as hereinafter provided. In all other cases, individual mobile homes may be authorized in accordance with sections 5.3, 5.4, 5.5 and/or 31.0 of this ordinance, as the case may be. Permits for the location of individual mobile homes may be issued by the zoning administrator upon a determination that the proposed location of the mobile home will be in harmony with the purpose and intent of this ordinance and that the same will not be detrimental to the public health, safety and general welfare. Prior to making any such determination, and for purposes thereof, the zoning administrator shall cause to be made an on-site inspection of the property in question. NOTIFICATION No such permit shall be issued unless and until the zoning administrator shall have caused all parties concerned to be notified of his intent to issue such permit. Such notification shall consist of the following: By the sending of a certified letter to the last known address of each adjacent property owner; and By sending notification of such intent in writing to the secretary of the commission and the clerk of the board of supervisors; and By the' posting of signs of a size and design approved by the zoning administrat upon the subject property and adjacent to the nearest state highway at the point of access to the subject property; and By publication on at least one occasion in a newspaper of general circulation in the county not less than thirty (30) nor more than s~xty (60) days prior to the proposed date of issuance of such permit. OBJECTION, ACTION In the event that no person so notified shall object in writing to the proposed location of the mobile home within fifteen (15) days of such notice, the zoning administrator may issue the permit sought. In the event of any such objection, or if the applicant disagrees with any proposed condition of approval, the applicati shall be referred to the commission and the board of supervisors for their approval and shall thereafter be processed in accordance with the provisions of section 31.0 of this ordinance. ALTERNATIVE PROCEDURE At the time of application, the applicant may request processing in accordance with section 31.0 of this ordinance. In such case, notice shall be in accordance with section 31.2.4.2. CONDITIONS OF APPROVAL The issuance of a permit under this section shall be subject to the following conditions which shall be met by the applicant prior to the issuance of a certificat~ of occupancy and which shall thereafter be complied with: a. Albemarle County building official approval; Conformance to all area, bulk, and other applicable requirements for district in which it is located; c. Skirting around mobile home from ground level to base of the mobile home; Provision of potable water supply and sewerage facilities to the reasonable satisfaction of the zoning administrator and the local office of the Virginia Department of Health; eo Landscaping and/or screening to be provided to the reasonable satisfaction of the zoning administrator. December 10, 1980 (Regular Day Meeting) 5.6.2.1 5.6.2.2 5.7 5.7.1 6.0 6.1 6.1.1 6.1.2 6.1.3 6.1.4 6.2 6.4¸ 6.4.1 6.4.2 REVOCATION Any permit issued pursuant to this section may be revoked by the zoning administrate after hearing, for wilful noncompliance with this ordinance or any condition imposed under the authority of this section. Prior to holding any such hearing, the zoning administrator shall notify the permit holder of his intent to hold the same at least twenty-one (21) days prior to the date thereof. ABANDONMENT In the event that no mobile home shall be located pursuant to the permit within eighteen (18) months of the date of issuance thereof, the same shall be deemed abandoned and the authority granted thereby shall thereupon terminate. TEMPORARY MOBILE HOME PERMIT Temporary mobile home permits may be authorized by the zoning administrator provided the mobile home is used only as an interim means of housing during construction of a permanent dwelling. The mobile home shall be removed within thirty (30) days of issuance of a certificate of occupancy for the permanent dwelling. Temporary mobile home permits shall be subject to the following conditio~ a. Albemarle County building official approval; The applicant and/or owner of the subject property shall certify as to the intent for locating the mobile home at the time of application; Minimum frontage setback and side and rear yard setbacks shall be determined by the zoning administrator; Provision of potable water supply and sewerage facilities to the reasonable satisfaction of the zoning administrator and the local office of the Virginia Department of Health. EXPIRATION, RENEWAL Any permit issued pursuant to section 5.7 shall expire eighteen (18) months after the date of issuance unless construction shall have commenced and is thereafter prosecuted in good faith. The zoning administrator may revoke any such permit after ten (10) days written notice, at any time upon a finding that construction activities have been suspended for an unreasonable time or in bad faith. In any event, any such permit shall expire three (3) years from the date of issuance; provided, however, that the zoning administrator may, for good cause shown, extend the time of such expiration for more than t~o (2) successive periods of one (1) year each. NONCONFORMITIES CONTINUATION Any use, activity, lot or structure, lawfully in existence on the effective date of this ordinance, which does not conform to the provisions of this ordinance relating to the district in Which the same ~is situated, may be continued in accordance with the provisions of this section. No change in title to any property subject to the provisions of this section, including but not limited to the demise, renewal, expiration, termination or modification of any leasehold interest, shall impair the nonconforming status of such property. Any such use, activity or structure which is discontinued for more than two (2) years shall be deemed abandoned and shall thereafter conform to the provisions of this ordinance relating to the district in which the same is situated. Whenever any such use, activity or structure is changed to a conforming or a more restricted nonconforming use, activity or structure, the original use shall be deemed abandoned. REPAIRS AND MAINTENANCE ~ ~ On any building devoted in whole or in part to any nonconforming use,' work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures wiring or plumbing, to such extent that the structure, is kept Ina usable conditio~ Nothing in this ordinance shall be deemed to prevent the strengthening or restorin to a safe condition of any structure or part thereof declared to be unsafe by any official charged with promoting public safety upon order of such official. CHANGES IN D~STRICT BOUNDARIES Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of sUch change shall become subject to the provisions of this section. EXPANSION OR ENLARGEMENT The use of any building or structure shall conform to 'the provisions of this ordinance relating to the district in which the same is situated whenever such building or structure is enlarged, extended, reconstructed, or structurally altere~ A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the time of enactment of this 517 6.5 6.5.1 6.6 6.6.1 6.6.2 7.0 8.0 8.1 December !0~ 1980 (Regular Day Meet~i~) NONCONFORMING LOTS Any lot of record at the time of the adoption of this ord~inance which is less in area and/or widtK than the minimum required b~. this ord~inance ma~ be used in a manner consistent with the uses permitted for a lot having the minimum area and/or width so required; provided, that the rear, side and front yard and setback requirements of this ordinance shall be maintained; and provided further than no such use shall be permitted which is determined by the zoning administrator to constitute a danger to the public health, safety and general welfare. For purposes of this situation, any lot shown on a preliminary or final subdivision plat which was approved by the proper authority of the county in accordance with law prior to the adoption of this ordinance, and.which plat was subsequently recorded in due course, shall be deemed to be a lot of record at the time of the adoption of this ordinance. RESTORATION OR REPLACEMENT Whenever any nonconforming structure, except signs, or structure the use of which is nonconforming is damaged as a result of factors beyond the control of the owner and/or occupant thereof, such structure may be repaired and/or reconstructed and the nonconforming use thereof continued as provided in this section provided that such repair and/or reconstruction shall be commenced within twelve (12) months and completed within twenty-four (24) months from the date of such damage; and provided further that no such structure shall be enlarged or expanded as a part of such repair and/or reconstruction. Any such structure which is substantially destroyed as a result of any act or omission within the control of the owner thereof shall be deemed to'have been abandoned in amcordance with section 6.1.3 Of this section. ARTICLE III. DISTRICT REGULATIONS ESTABLISHMENT OF DISTRICTS For the purposes of thi's ordinance, the unincorporated areas of Albemarle County are hereby divided into the following districts: Commercial District - C-1 Commercial Office - CO Heavy Industry - HI Highway Commercial - HC Light Industry - LI * - · ~ ~ Overlay Districts: Airport Impact Area - AIA Flood Hazard - FH Natural Resource Extraction - NR Scenic Areas - SA Planned Development-Industrial Park - PD-IP Planned Development-Mixed Commercial - PD-MC Planned Development-Shopping Centers - PD-SC Planned Residential Development - PRD Planned Unit Development - PUD Resident,iai - R-1 Residential - R-2 Residential - R-4 Residential - R-6 Residential - R-10 Residential - R-15 Rural Areas - RA Village Residential - VR PLANNED DEVELOPMENT DISTRICTS - GENERALLY INTENT Planned development districts are intended to provide for variety and flexibility in design necessary to implement the varied goals and objectives of the county as set forth in the comprehensive plan. Through a planned development approach, these special regulations are intended to accomplish the purposes of zoning and other applicable regulations to the same extent as regulations of conventional districts. In addition, planned development regulations are intended to promote: economical and efficient land use through unified development; improved levels of amenities; appropriate and harmonious physical development; creative design; and a better environment than genera, lly realized through conventional district regulatio~ In view of the substantial public advantages of planned development, these regulatiol are intended to encourage the planned development approach in areas appropriate in terms of location and character. Planned development districts shall be developed: to provide for the comfort and convenience of residents; to facilitate protection of the character of surrounding neighborhoods; and to lessen traffic impact through a reasonably short travel time between origins and destinations of persons living, working, or visiting in such developments. Housing, commercial, and service facilities, and places of employment shall be related either by physical proximity or by adequate street networks so as to promote these objectives. 8.2 8.3 8.4 8.5 8.5.1 RELATION OF PLANNED DEVELOPMENT REGULATIONS TO GENERAL ZONING, SUBDIVISION OR OTHER REGULATIONS The following provisions shall apply generally to the establishment and regulation of all planned development districts. Where conflicts occur~between the special PD~provisions herein and general zoning, subdivision or other regulations or requirements, these special regulations shall apply in PD districts unless the board of supervisors shall find, in the particular case: (a) that provisions herein do not serve public purposes to a degree at least equivalent to such general zoning, subdivision or other regulations or requirements, or (b) that actions, designs or solutions proposed by the applicant, although not literally in accord with these special or general regulations, satisfy public purposes to at least an equivalent degree. It is specifically provided, however, that where floor area and similar ratios have been established by these regulations the board shall not act in a particular case to alter said ratios. Except as provided above, procedures and requirements set forth herein and standards adopted for particular PD districts shall apply in such PD districts. PLANNED DEVELOPMENT DEFINED For purposes of these'regulations, a planned development is: a. Land under unified control to be planned and developed as a whole; Either in a single devetopment~ operation or a programmed series of development operations; In accordance with approved application plans; and Programmed for provision, operation and maintenance of such areas, facilities and improvements as will be for common use by some or all of the occupants of the district. WHERE PERMITTED Planned development districts may hereafter be established by amendment to the zoning map where tracts suitable in location and character for the uses and structures proposed are to be planned and developed as units according to the requirements and procedures set forth herein. PD districts shall be appropriately located with respect to the pattern and timing of the development proposed in the comprehensive plan, and to public and private facilities existing or scheduled to be available when required by the development. PROCEDURES FOR PD APPLICATIONS APPLICATIONS, MATERIALS TO BE SUBMITTED Applications for PD districts shall be submitted as for other zoning map amendments. Material submitted with the application or on subsequent request by the commission shall include all plans, maps, studies, and reports which may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. More specifically, all of the following shall be required: ae Location of tract or parcel by vicinity map at a scale of not less than one (1) inch equals two thousand (2,000) feet, and landmarks sufficient to properly identify the location of the property; An accurate boundary survey of the tract or plan limit showing the location and type of boundary evidence; Existing roads, easements, and utilities; water courses and their names; owners, zoning, present use of adjoining tracts, and location of. residential structures on adjoining tracts, if any; d. Location, type and size of ingress and egress to the site; e. Existing topography accurately shown with a maximum of five (5) foot contour intervals at a scale of not less than one hundred (100) feet to the inch. Other interval and/or'scale may be required or permitted by the director of planning where topographic considerations warrant; f. Flood plain limits which shall be established by Current soil survey, Corps of Engineers survey, and/or engineering methods; g. Connection to existing and proposed Virginia Department of Highways constructi¢ and proposed ~Pmprehensive,~lan thoroughfares when necessary; h.~' A minimum of two (2) data references for elevations to be used on plans and profiles and correlated, where practical, to U.S. Geological Survey data; i. A report identifying all Property owners within-the proposed district and giving evidence of unified ~ontrol of its entire area. The report shall state .agreement Q~all present property owners to: 1. proceed with the proposed development according to regulations existing when the map amendment creating the PD district is approved, with such modifications as are set by the board of supervisors and agreed to by the applicant at the time of amendment; 519 December 10, 1980 (Regular Day Meeting) 8.5.2 8.5.3 8.5.4 8.5.5 provide bonds, dedications, guarantees, agreements., contracts, and deed restrictions acceptable to the bOard of supervisors for' completion of such development according to approved plans, and for continuing o and maintenance of such areas, facilities and functions as are not to be provided, operated or maintained at general pubIic expense; and such dedications, contributions, or guarantees as are required for provision of needed public facilities or services; and bind their successors in title to any commitments made under 1 or 2 above; An application plan showing general road alignments and proposed rights-of-way; general alignment of sidewalks, bicycle, and pedestrian ways; general water, sewer, and storm drainage lay-out; general parking and loading areas and circulation aisles; location of recreation facilities; existing wooded areas and areas to remain wooded; summary of land uses including dwelling types and densities and gross floor areas for commercial and industrial uses, and preliminary lot lay-out. PLANNING COMMISSION PROCEDURES On applications for PD districts, the commission shall proceed in general as for other rezoning applications but shall give special consideration to the following matters and shall allow changes in original applications as indicated below. PREAPPLICATION CONFERENCES Applicants are required to meet with the planning staff and other qualified officials to review the application plan and original proposal prior to submittal. The purpose of such preapplication conference shall be to assist in bringing the application and material submitted therewith as nearly as possible into conformity with these or other regulations applying in the case, and/or to define specific variations from application of regulations which would otherwise apply which seem justified in view of equivalent service of the public purposes of such regulations. In the course of such preapplication conferences, any recommendations for changes shall be recorded in writing, and shall become part of the record in the case. Ail such recommendations shall be supported by stated reasons for the proposed changes. Applicants shall indicate, in writing, their agreement to such recommenda. tions, or their disagreement and their reasons therefor. Response by applicants shall also be included in the record. PLANNING COMMISSION RECOMMENDATIONS TO THE BOARD OF SUPERVISORS At such time as further conferences appear unnecessary, or at any time on request of the applicant, the commission shall proceed to prepare its recommendations to the board of supervisors. The date of the commission's determination to proceed, or of the applicant's request for preparation of recommendations, shall be deemed the formal date of submission of the application. Specifically, recommendations of the commission shall include findings as to: The suitability of the tract for the general type of PD district proposed in terms of: relation to the comprehensive plan; physical characteristics of the land; and its relation to surrounding area; b. Relation to major roads, utilities, public facilities and services; Adequacy of evidence on unified control and suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions guarantees, or other instruments, or the need for such instruments or for amendments in those proposed; and Specific modifications in PD or general regulations as applied to the part case, based on determination that such modifications are necessary or justified by demonstration that the public purposes of PD or general regulations as applied would be satisfied to at least an equivalent degree by such modificatioLs. Based on such findings, the commission shall recommend approval of the PD amendment as proposed, approval conditioned upon stipulated modifications, or disapproval. ACTION BY BOARD OF SUPERVISORS On applications for PD districts, the board of supervisors shall proceed in general as provided for other map amendments. The board of supervisors may approve the application in accordance with PD and general regulations, may include specific modifications of PD or general regulations as provided in section 8.5.4 as recommended by the commission, or may deny the application. If the application is approved, the board of supervisors shall in its amending action, approve the application plan in whole or in part or may indicate required changes, and such approval and requirements shall be binding in determinations concerning final development plans. The development shall be in accord with site development plans meeting the requirements of this ordinance as specifically sup- plemented or modified by the board of supervisors in the particular case. Mod: tions in the application plan or other application materials required by board approval shall be submitted by the applicant to the director of planning prior to submission of the final site development plans. Revised application plans shall be submitted within sixty (60) days of board approval or such approval shall be deemed null and void. 521 8.5.6 8.5.6.1 8.5,6.2 8.5.6.3 8.5.6.4 8.5.6.5 9.0 10.0 10.1 10.2 10.2.1 FINAL SITE DEVELOPMENT PLANS AND SUBDIVISION PLATS CONTENTS OF SITE DEVELOPMENT PLANS: SUBDIVISION PLATS Unless modification is permitted by board of supervisors' action pursuant to section 8.5.4 and section ~8.5.5, all site development plans shall comply with section 32.0 of this ordinance and all subdivision plats shall comply with Chapter 18 of the Code of Albemarle. Not less than ten (10) percent of the land area or one (1) acre, whichever is greater, shall be shown on any final plan or plat. APPROVAL OF SITE DEVELOPMENT PLANS: SUBDIVISION PLATS Approval of site development plans and subdivision plats shall be based on: compliance with site development plan or subdivision regulations applying at the time the land was designated as a PD district; or at the option of the applicant, compliance with such regulations currently in effect; provided the commission shall find that application of current regulations would satisfy the public purpose to at least an equivalent degree in the particular case. VARIATIONS FROM APPROVED APPLICATION PLANS Variations in site development plans and subdivision plats from approved application plans may be permitted by the director of planning upon a finding that such variations are: generally in keeping with the spirit and concept of the approved application plans; in accordance with the comprehensive plan; and in accordance with regulations,currently in effect. Changes other than permitted herein shall be made only by rezoning application. BUILDING PERMITS, GRADING PERMITS After PD designation, no building permit including special footings and foundation permits and no grading permit shall be issued in such district prior to approval of site development plans or subdivision plats for the development of the area in which such permits would apply. SPECIAL PROVISIONS APPLICABLE TO CERTAIN PD DISTRICTS In the case of any PD district established at the time of the adoption of this ordinance as to which no application has been submitted in accordance with section 8.5.1 of this ordinance or the analogous provisions of any predecessor ordinance, no site development plan or subdivision plat shall be approved unless and until such application, including all transportation analysis plans and other plans, maps, studies and reports.required by this ordinance, shall have been submitted and approved in accordance with this section. RESERVED RURAL AREAS DISTRICT, RA INTENT, WHERE PERMITTED This district (hereafter referred to as RA) is hereby created and may hereafter be established by amendment of the zoning map to permit a limited amount of lower density residential development in areas of the county designated in the comprehensive plan as: Other Rural Lands which have no distinctive environmental characteristics; Critical Slopes; and Agricultural Conservation Areas. In regard to Agricultural Conservation, this district is intended to conserve the county's active farms and best agricultural and forestal lands by providing lot areas designed to insure the continued availability of such lands for preferential land use tax assessment in order to enhance the economy, and maintain employment and lifestyle opportunities. In addition, the continuation and establishment of agriculture and agriculturally-related uses will be encouraged. It is intended that development be permitted on land which is of marginal utility for agricultural purposes, provided that such development be carrie~ out in a manner which is compatible with the agricultural activity of the area. In addition, it is intended that such development occur in locations and at scales compatible to the physical characteristics of the land and to the availability of public utilities and facilities to support such develop- ment. Roadside strip development is to be discouraged through the various design requirements contained herein. PERMITTED USES ~ BY RIGHT The following uses Shall be permitted in any RA district subject to the requirement~ and limitations of these regulations: Detached single-family dwellings, including guest cottages and rental of the same; provided that yard, area and other requirements of section 10.4, conventional development by right, shall be met for each such use whether or not such use is on an individual lot subject to section 10.3. December 10, 1980 (Regular Day Meeting) 10.2.2 Side-by uide duplexes suhj.ect to. the provisions of section 10.4; provided that density is maintained, and provided that buildings are located so that each unit could be provided with 'a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Other two-family dwellings shall be permitted provided density is maintained· 3. Agriculture, forestry, and fishery uses except as otherwise expressly provided. 4. Game preserves, wildlife sanctuaries and fishery uses. Wayside stands for display and sale of agricultural products produced on the premises (reference 5.1.19). Electric, gas, oil and communication facilities excluding multi-legged tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations, and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 10 of the Code of Albemarle and all other applicable law. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. Temporary construction uses (reference 5.1.18). Public uses and.buildings such as schools, offices, parks, playgrounds, and roads funded, owned, or operated by local, state ar.; federal agencies (referenc 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). 10. Temporary sawmill (reference 5.1.15 and subject to performance standards in 4.14). 11. Veterinary services - off-site treatment only. 12. Agricultural service occupation (subject to performance standards in 4.14). 13. Divisions of land in accordance with section 10.3. 14. 15. Tourist lodging (reference 5.1.17). Mobile homes, individual, qualifying under the following requirements (referenc 5.6): A property owner residing on the premises in a permanent home wishes to place a mobile home on such property in order to maintain a full-time agricultural employee. Due to the destruction of a permanent home an emergency exists. A permit can be issued in this event not to exceed twelve (12) months. The zoning administrator shall be authorized to issue permits in accordanc with the intent of this ordinance and shall be authorized to require or seek any information which he may determine necessary in making a determination of cases "a" and "b" of the aforementioned uses. 16. Temporary mobile home permit in accordance with section 5.7. BY SPECIAL USE PERMIT Community center (reference 5.1.4). Clubs, lodges, civic, patriotic, fraternal (reference 5.1.2). Fire and rescue squad stations (reference 5.1.9). Swim, golf, tennis or similar athletic facilities (reference 5.1.16). Private schools. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations, and appurtenances. Day care, child care, or nursery facility (reference 5.1.6). Mobile home parks (reference 5.3). Mobile home subdivisions (reference 5.5). Mobile homes on individual lots (reference 5.6). 11. Hog farms. 12. Horse show grounds, permanent. 13. Custom slaughterhouse. December 10, 1980 (Regular Day Meeting) 522 10.3 10.3.1 10.3.2 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Sawmills, planing mills and .~oodyards (reference 5.1.15 and subject to performance 'standards in .4..14). Group homes and homes for .developmentally d~sabled persons as described in ~ection 15.1,486.2 of the Code (r. eference 5.!..7). Commercial stable (.reference 5.1.3). Commercial kennel (reference 5.1.11 and subject to performance standards in 4.14). Veterinary services, animal hospital (reference 5.1.11 and subject to perfor- mance standards in 4.14). Private airport, helistop, heliport, flight strip (reference 5.1.1). Day camp, boarding camp (reference 5.1.5). Sanitary landfill (reference 5.1.14). Country store. Commercial fruit packing plants. Motels or ~inns. Flood control dams and impoundments. Restaurants located on or adjacent to motel premises. Restaurants located within an historic landmark as designated in the compre- hensive plan provided such structure has been used as a restaurant, tavern or inn; in such case the structure shall be restored as faithfully as possible to the architectural character of the period and shall be maintained c¢ therewith. Divisions of land as provided in section 10.5. Boat landings and canoe livery. Permitted residential uses as provided in section 10.5. 31. Home occupation, Class B (reference 5.2). 32. Cemetery. 33. Crematorium. 34. Multi-crypt mausoleum. 35. Church building and adjunct cemetery. 36. Gift, craft and antique shops. APPLICATION OF REGULATIONS FOR DEVELOPMENT BY RIGHT The following provisions shall apply to any parcel of record on the date of adoption of this ordinance: Regulations in section 10.5 governing development by right shall apply to the division of a parcel into six (6) or fewer lots or parcels including all residue parcels and to the location of six (6) or fewer dwelling units on any parcel in existence at the time of adoption of this ordinance. in addition to the foregoing, there shall be permitted by right any division of land into parcels each of which shall be twenty-one (21) acres or more in area. No such parcel shall be included in determining the number of parcels which may be created by right pursuant to section 10.3.1; provided that (a) no such division shall affect the number of parcels which may be divided pursuant to section 10.3.1 (b) there may be located not more than one (1) dwelling unit on any parcel created pursuant to this section; (c) at the time of any such division, the owner of the parcel so divided shall designate the number of parcels into which each parcel so divided may be further divided pursuant to section 10.3.1; and (d) no such shall increase the number of parcels which may be created pursuant to section 10.3 523 December I0, 1980 (Regular Day Meeting) 10.4 AREA AND BULK REGHLATIONS REQUIREMENTS 'D'IV'I'S'I'ONSi'~Y''RI'GHT 'DIVI'S'IONS''~Y S'PECI~L 'USE PERMIT CONVENTIONAL STANDARD D'EYELOP'MENT ........... DEYELOPMENT Gross density 0..5 du/ac 0.5 du/ac Minimum lot size 2.0 acres 2.0 acres Minimum frontage existing public roads 250 feet 250 feet Minimum frontage internal public or private roads 150 feet 150 feet Yards, minimum: Front 75 feet 75 feet Side 25 feet 25 feet Rear 35 feet 35 feet Maximum structure height 35 feet 35 feet 10.5 lO.5.1 10.5.2 10.5.2.1 SPECIAL PROVISIONS FOR MULTIPLE SINGLE-FAMILY DWELLING UNITS LIMITATIONS ON DIVISIONS PERMITTED BY RIGHT Divisions of land shall be permitted as provided hereinabove; except that no parcel of land of record on the date of the adoption of this ordinance may be divided into an aggregate of more than six (6) parcels nor shall there be constructed on any such parcel an aggregate 'of more than six (6) units, except as provide~ in sections 10.3.2 and 10.5.2 hereof. WHERE PERMITTED BY SPECIAL USE PERMIT In ad'dition to the provisions of section 10.3.2, the board of supervisors may authorize the issuance of a special use permit for the 'division of a parcel into more than six (6) lots or the construction on a single parcel of more than six (6) dwelling units at a gross density not to exceed one dwelling unit per two acres (1 du/2 ac); PrOvided that the board of supervisors shall determine that such division and/or construction is compatible with the neighborhood as set forth in section 31.2.4.1 of this ordinance, with reference to the goals and objectives of the comprehensive plan relating to rural areas and specifically, as to this section only, with reference to the following: 1, The size, shape, toPography, and existing vegetation of the property in ,relation to its suitability for agricultural or forestal production as evaluated by the United States Department of Agriculture Soil Conservation Service or the Virginia Department of Forestry. 2. The actual suitability of the soil for agricultural or forestal production as the same shall be shown on the most recent published maps of the United States Department of Agriculture Soil Conservation Service or other source deemed of equivalent reliability by the Soil Conservation Service. 3. The historic commercial agricultural or forestal uses of the property since 1950, to the extent that is reasonably available. 4. If located in an agricultural or forestal area, the probable effect of the proposed development on the character of the area. For the purposes of this section, a property shall be deemed to be in an agricultural or forestal area if fifty (50) percent or more of the land within one (1) mile of the border of such property has been in commercial agricultural or forestal use within five (5) years of the date of the application for special use permit. In making'this determination, mountain ridges, major streams, and other physical barriers which detract from the cohesiveness 'of an area shall be considered. 5. The relationship of the property in regard to developed rural areas. For the purposes of this section, a property shall be deemed to be located in a developed rural area if fifty (50) percent or more of the land within one (1) mile of the boundary of such property was in parcels of record of five (5) acres or less on the adoption date of this ordinance. In making this determination, mountain ridges, major streams, and other physical barriers which detract from the cohesiveness of an area shall be considered. December 10, 1980 (Regular Day Meeting) 524 10.5.2.2 The relationship Of the p~r0posed .development to existing and proposed population centers, ser¥ices, and employment ~centers. A property within areas described below shall be deemed in proximity to the area or use described: within one mile of the urban area boundary as described in the comprehensive plan; within one-half mile of a community boundary as described in the comprehensive plan; within one-half mile of the major crossroads of Type I or one-half mile of a Type II village as described in the comprehensive plan. The probable effect of the proposed development on capital improvements programming in regard to increased provision of services. The traffic generated from the proposed development would not, in the opinion of the Virginia Department of Highways and Transportation: a. occasion the need for road improvement; b. cause a tolerable road to become a nontolerable road; c. increase traffic on an existing nontolerable road. With respect to applications for special use permits for land lying wholly or partially within the boundaries for the watershed of any public drinking water impoundment, the following additional factors shall be considered: ae the amount and quality of existing vegetative cover as related to filtration of sediment, phosphorous, heavy metals, nitrogen and other substances determined harmful to water quality for human consumption be the extent to which existing vegetative cover would be removed or disturbed during the construction phase of any development; c. the amount of impervious cover which will exist after development; the proximity of any paved (pervious or impervious) area, structure, or drain field to any perennial or intermittent stream or impoundment; or during the construction phase, the proximity of any disturbed area to any such stream or impoundment; the type and characteristics of soils including suitability for septic fields and erodability; the percentage and length of all slopes subject to disturbance during construction or upon which any structure, paved area (pervious or impervious) or active recreational area shall exist after development; gm the estimated duration and timing of the construction phase of any proposed development and extent to which such duration and timing are unpredictable; he the degree to which original topography or vegetative cover have been altered in anticipation of filing for any permit hereunder; the extent to which the standards of Chapter 19.1..et seq. of the Code of Albemarle can only be met through the creation of artificial devices, which devices will: 1. require periodic inspection and/or maintenance; are suspectible to failure or overflow for run-off associated with any one hundred year or more intense storm. MATERIALS TO BE SUBMITTED BY THE APPLICANT The commission and the board of supervisors may require the applicant to submit such information as deemed necessary for the adequate review of such application provided that such information shall be directly related to items 1, 2, 3 and 9 of section 10.5.2.1. 11.0 RESERVED 5 5 c December 10~ 1980 (Regular Day Meeting) 12.0 12.1 12.2 12.2.1 VILLAGE RESIDENTIAL VR INTENT, WHERE PERMITTED This district (hereaCter referred to as VR) is created to establish a plan implementation zone that: -encourages residential .development in areas of the county designated as village areas or town area in the comprehensive plan; -permits a variety of housing types; -provides incentives for residential development by allowing variations in lot size, density, frontage, and/or yard requirements; -encourages compact development; -permits related nonresidential development in order to increase the vitality and attractiveness of such areas as a living environment; -encourages creative design which allows for filling in of vacant areas and which is compatible with the character of existing lots and buildings; and -permits agricultural uses in keeping with the village scale of development. VR districts may be permitted in villages and town locations designated on the comprehensive plan using either locational guidelines therein or boundaries established by amendment to the comprehensive plan. It is further intended that VR di~stricts will be located in such areas where no public water or sewerage service is available or in such areas partially or fully served by approved central water systems or central sewerage systems. PERMITTED USES BY RIGHT The following uses shall be permitted subject to requirements and limitations of this ordinance: Detached single-family dwellings. Side-by-side duplexes provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Other two-family dwellings shall be permitted provided density is maintained. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages, provided that yard, area, and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out. e t0. 11. 12. 13. Agriculture. Churches, parish houses, and adjunct cemeteries. Electric, gas, oil, and communication facilities, excluding multi-legged tower structures and including poles, .lines, transformers, pipes, meters, and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations, and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 10 of the Code of Albemarle and all other applicable law. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. Temporary construction uses (reference 5.1.18). Public uses and buildings such as schools, offices, parks, playgrounds, and roads funded, owned, or operated by local, state, or federal agencies (referenc 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). Tourist lodgings (reference 5.1.17). Wayside stands for the display and sale of seasonal agricultural products (reference 5.1.19). Homes for developmentally disabled persons (reference 5.1.7). December 10, 1980 (Regular Day Meeting) 12.2.2 12.3 12.4 12.4.1 BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4: 3. 4. 5. 6. 10. 11. 12. 13. Community center (reference 5.1.4). Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). Fire and rescue squad stations (reference 5.1.9). Swim, golf, tennis or similar athletic facilities (reference 5.1.16). Private schools. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations, and appurtenances (reference 5.1.12). Day care, child care or nursery facility (reference 5.1.6). Mobile home parks (reference 5.3). Mobile home subdivisions (reference 5.5). Mobile homes on individual lots (reference 5.6). Agricultural service occupation. Home occupation, Class B (reference 5.2). Hog farms. Cemeteries. AREA AND BULK REGULATIONS REQUIREMENTS STANDARD LEVEL CONVENTIONAL CLUSTER DEVELOPMENT DEVELOPMENT BONUS LEVEL CONVENTIONAL CLUSTER DEVELOPMENT DEVELOPMENT Gross density 0.73 du/acre 0.73 du/acre 1.09 du/acre 1.09 du/acre Minimum lot size 60,000 sq ft 40,000 sq ft 40,000 sq ft 25,000 sq ft Minimum frontage: public, private 130 feet 110 feet 110 feet 90 feet Yards, minimum: Front 25 feet 25 feet 25 feet 25 feet Side 15 feet 15 feet 15 feet 15 feet Rear 20 feet '20 feet 20 feet 20 feet Maximum structure height 35 feet 35 feet 35 feet 35 feet~ BONUS FACTORS (REFERENCE 2.4) ENVIRONMENTAL STANDARDS For maintenance of existing trees and/or other significant natural features important to the existing landscape character of a village, a density increment factor shall be granted not to exceed ten (10) percent in dwelling units per acre; or If not wooded, for provision of significant landscaping in keeping with the character of the area and/or to minimize impact of new development on the existing character of the area, a density increase of ten (10) percent shall be granted. Deciduous trees shall be of one and one-half (1 1/2) inches to two (2) inches caliper;~nondeciduous trees shall be three (3) feet to four (4) £$et in height; all trees shall be planted on fifteen (15) foot centers, provided that this distance between trees may be increased depending upon the growth characteristics of the trees. December 10, 1980 (Regular Day Meeting) 12.4.2 12.4.3 12.5 DEVELOPMENT STANDARDS For serving all lots with an internal road system which is the sole access to the existing state-maintained road system, a tw.enty (20)per. cent density increase shall be granted. For provision of low and/or moderate cost housing, certified as such by the Albemarle County housing coordinator, a density increase of thirty (30) percent shall be granted, provided that the number of such units developed shall not be less than one-half of the number of units achievable under gross density-standard level. The cumulative effect of density increment factors above may not exceed fifty (50) percent. CLUSTER DEVELOPMENT OPTION REGULATIONS At the option of the owner, regulations under cluster development provisions in section 12.3 may be used for cluster development of the land to be subdivided and developed. Use of cluster provisions shall be subject to other requirements of this ordinance, applicable health requirements and the provisions of Chapter 18 of the Code of Albemarle. 13.0 13.1 13.2 13.2.1 RESIDENTIAL INTENT, WHERE PERMITTED This district (hereafter referred to as R-i) is created to establish a plan imple- mentation zone that: -recognizes the existence of previously established low density residential district~ in rural areas, communities, and the urban area; -permits a variety of housing types; -provides incentives for clustering of development and provision of locational, environmental, and development amenities; and -provides for low density residential development in community areas and the urban area where either existing character of development and/or the absence of water and sewer utilities are related to applicable densities. R-1 districts may be permitted within community and urban area locations designated on the comprehensive plan in proximity to compatible existing development where water and sewer utility services are not planned to be available for five or more years. PERMITTED USES BY RIGHT The following uses shall be permitted subject to requirements and limitations of this ordinance: Detached single-family dwellings. · Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages, provided that yard, area, and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out. 4. Churches, parish houses. 10. 11. Cemeteries. Electric, gas, oil, and communication facilities, excluding multi-legged tower structures and including poles, lines, transformers, pipes, meters, and relate~ facilities for distribution of local service and owned' and operated by a pubti. utility. Water distribution and sewerage collection lines, pumping stations, and appurtenances owned and operated by the Albemarle County Service Authority Except as otherwise expressly provided, central water supplies and central -sewerage systems in conformance with Chapter 10 of the Code of Albemarle and all other applicable law. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. Temporary construction uses (reference 5.1.18). Public uses and buildings such as schools, offices, parks, playgrounds, and roads funded, owned, or operated by local, state, or federal agencies reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). Tourist lodgings (reference 5.1.17). Homes for developmentally disabled persons (reference 5.1.7). December 10, 1980 (Regular Day Meeting) 528 13.2.2 13.3 13.4 13.4.1 13.4.2 13.4.3 BY SPECIAL USE PERMIT The following us.es shall be permit.ted only by special use permit approved by the board of supervisors pursuant .to .~.e'c.tion 3t..2...4: Community center (reference 5..1..4). Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). Fire and rescue squad stations (reference 5.1.9). Swim, golf, tennis, or similar athletic facilities (reference 5.1.16). Private schools. Electrical power substations, transmission lines, and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations, and appurtenances (reference 5.1.12). Day care, child care or nursery facility (reference 5.1.6). Mobile home subdivisions (reference 5.5). Home occupation, Class B (reference 5.2). AREA AND BULK REGULATIONS STANDARD LEVEL BONUS LEVEL REQUIREMENTS CONVENTIONAL CLUSTER DEVELOPMENT DEVELOPMENT CONVENTIONAL DEVELOPMENT CLUSTER DEVELOPMENT Gross density 0.97 du/acre 0.97 du/acre 1~45 du/acre 1.45 du/acre Minimum lot size 45,000 sq ft 30,000 sq ft 30,000 sq ft 20,000 sq ft Minimum frontage: public, private 120 feet 100 feet 100 feet 80 feet Yards, minimum: Front 25 feet 25 feet 25 feet 25 feet Side 15 feet 15 feet 15 feet 15 feet Rear 20 feet 20 feet 20 feet 20 feet Maximum structure height 35 feet 35 feet 35 feet 30 feet BONUS FACTORS (REFERENCE 2.4) LOCATIONAL ST~ANDARDS For location within one-half mile of an existing public school, public library, rescue squad, fire station, or other public facility; religious or cultural institution; or shopping area, a density increase of five (5) percent shall be granted. ENVIRONMENTAL STANDARDS For maintenance of existing wooded areas important to the existing landscape character of the area, a density increase of ten (10) percent shall be granted; or If not wooded, for provision of significant landscaping in keeping with the character of the area and/or to minimize impact of new development on the existing character of the area, a density increase of ten (10) percent shall be granted. Deciduous trees shall be of one and one-half (1 1/2) inches to two (2) inches caliper; nondeciduous trees shall be three (3) feet to four (4) feet in height; all trees shall be planted on fifteen (15) foot centers, provided that this distance between trees may be increased depending upon the growth characteristics of the trees. DEVELOPMENT STANDARDS For serving all lots with an internal road system which is the sole access to the existing state-maintained road system, a density increase of twenty (20) percent shall be granted. For dedication and acceptance of land for public use, not otherwise required by law, density may be increased in either of the following manners, whichever shall be less: 13.4.4 13.4.5 13.4.6 a. density may be increased by fifteen (15) percent; or the acreage of land dedicated and accepted shall be multiplied by. twice the gross density-standard lev.el 'and the .resulting number of dwellings may be added to the site. LOW AND MODERATE COST HOUSING For provisions of low and/or moderate cost housing, certified as such by the Albemarle County housing coordinator, a .density increase of thirty (30) percent shall be granted, provided that the number of such units developed shall not be less than one-half of the number of units achievable under gross density-standard level. The cumulative effect of density factors above may not exceed fifty (50) percent. CLUSTER DEVELOPMENT OPTION REGULATIONS At the option of the owner, regulations under cluster development provisions in section.13.3 may be used for cluster development of the land to be subdivided and developed. Use of cluster provisions shall be subject to other requirements of this ordinance, applicable health requirements, and the provisions of Chapter 18 of the Code of Albemarle. 14.0 14.1 14.2 14 '2.1 RESIDENTIAL R-2 INTENT, WHERE PERMITTED This district (hereafter referred to as R-2) is created to establish a plan implementation zone that: -provides a potential transition density between higher and lower density areas established through previous development and/or zoning in community areas and the urban area; -permits a variety of housing types; -provides incentives for clustering of development and provision of locationat, environmental, and development amenities. R-2 districts may be permitted within community and urban area locations designated on the comprehensive plan in proximity to compatible development where water and sewerage utility services are available or to be available within two years. PERMITTED USES BY RIGHT The following uses shall be permitted subject to requirements and limitations of this ordinance: Detached single-family dwellings. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages, provided that yard, area, and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out. 4. Churches, parish houses. 10. 11. Cemeteries. Electric, gas, oil, and communication facilities, excluding multi-legged tower structures and including poles, lines, transformers, pipes, meters, and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations, and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 10 of the Code of Albemarle and all other applicable law. Accessory uses and buildings including home occupations (reference 5.2) and storage buildings. Temporary construction uses (reference 5.1.18). Public uses and buildings such as schools, offices, parks, playgrounds, and roads funded, owned, or operated by local, state, or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). Tourist lodgings (reference 5.1.17). Homes for developmentally disabled persons (reference 5.1.7). 53O December 10, 1980 (Regular DaY Meeting) , 14.2.2. 14.3 14.4 14.4.i 14.4.2 BY SPECIAL USE PERMIT The following uses :~hall..be permitted Only by special use permit approved by the board of supervisors pursuant :.to.s.ection 3.1.2.4:. Community center (raferenceS.1..4) Clubs, lodges, civic,, fraternal, patriotic (reference 5.1.2). Fire and rescue squad stations (reference 5.1.9). Swim,.golf, tennis, or similar athletic facilities (reference 5.1.16). Private schools. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations, and appurtenances (reference 5.1.12). Day care, child care or nursery facility (reference 5.1.6). Mobile home subdivisions (reference 5.5). Rest home, nursing home, convalescent home, orphanage, or similar institution (reference 5.1.13). 10. 11. Hospitals· Home, occupation, Class B (reference 5.2). AREA AND BULK REGULATIONS STANDARD LEVEL BONUS LEVEL REQUIREMENTS CONVENTIONAL CLUSTER DEVELOPMENT DEVELOPMENT CONVENTIONAL CLUSTER DEVELOPMENT DEVELOPMENT Gross density 2 du/acre 2 du/acre 3 du/acre 3 du/acre Minimum lot size 21,780 sq ft 14,500 sq ft 14,520 sq ft' 9,700 sq ft Minimum frontage:~ public, private 80 feet 70 feet 70 feet 65 feet Yards, minimum: Front 25 feet 25 feet 25 feet 25 feet Side 10 feet 10 feet 10 feet 10 feet Rear 20 feet 20 feet ~20 feet 20 feet Maximum structure height 35 feet 35 feet 35 feet 35 feet BONUS FACTORS (REFERENCE 2.4) LOCATIONAL STANDARDS For location within one-half mile of an existing public school, public library, rescue squad, fire station, or other public facility; religious or cultural institution; or shopping area, a density increase of five (5) percent shall be granted. ENVIRONMENTAL STANDARDS For maintenance of existing wooded areas important to the existing landscape character of the area, a density increase of fifteen (15) percent shall be granted. For provision of significant landscaping in keeping with the character of the area and/or to minimize impact of new development on the existing character of the area, a density increase of twenty-five (25) percent shall be granted. Deciduous trees shall be of one and one-half (1 1/2) inches to two (2) inches caliper; nondeciduous trees shall be three (3) feet to four (4') feet in height; all trees shall be planted on fifteen (15) foot centers, provided that this distance between trees may .be increased depending upon the growth characteristics of the trees. 531 14.4.3 14.4.4 14.4.5 14.4.6 15.0 15.1 15.2 15.2.1 December 10, 1980 (Regular Day Meeting DEVELOPMENT STANDARDS For pedestrian system aeparated from yehicular rights-of-way, a .density increase of five (5) percent shall ~he grante~d. For serving lots with an internal road sys.te~ which is the sole access to the existing state-maintained road system, a density increase of twenty (20) percent shall be granted. For dedication of land for public use, not otherwise required by law, density may be increased in either of the following manners, whichever shall be less: density may be increased by fifteen (15) percent; or the acreage of land dedicated and accepted shall be multiplied by twice the gross density-standard level and the resulting number of dwellings may be added to the site. LOW AND MODERATE COST HOUSING For provision of low and/or moderate cost housing, certified as such by the Albemarle County housing coordinator, a density increase of thirty (30)percent shall be granted, provided that the number of such units developed shall not be less than one-half of the number of units achievable under gross density-standard level. The cumulative effect of density factors above may not exceed fifty (50) percent. CLUSTER DEVELOPMENT OPTION REGULATIONS At the option of the owner, regulations under cluster development provisions in section 14.3 may be used for cluster development of the land to be subdivided and developed. Use of cluster provisions shall be subject to other requirements of this ordinance, applicable health requirements, and the provisions of Chapter 18 of the Code of Albemarle. RESIDENTIAL R-4 INTENT, WHERE PERMITTED This district (hereafter referred to as R-4) is created to establish a plan implementation zone that: -Drovides for compact, medium-density, single-family development in planned residential areas having a high degree of supporting public facilities and utilities within community areas and the urban area; -permits a variety of housing types; -provides incentives for clustering of development and provision of locational, e~i~meh~at, and development amenities. R-4 districts may be permitted within community and urban area locations designate~ on the comprehensive plan in proximity to supporting facilities, and where water and sewerage utility services are available or to be available within two years of rezoning application date. PERMITTED USES BY RIGHT The following uses shall be permitted subject to requirements and limitations of this ordinance: Detached single-family dwellings. Side-by-side duplexes provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Other twohfamily dwellings shall be permitted provided density is maintained. Semi-detached and attached single-family dwellings such as triplexes, quadraplexes, townhouses, atrium houses, and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all'other requirements for detached single-family dwellings except for side yards at the common wall. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages, provided that yard, area, and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lay-out. 6. Churches, parish houses. 7. Cemeteries. 532 15.2.2 15.3 Electric,. gas,. oil, and communication ~acilities,. excluding multi-legged tower str~uctu~es'and inc.l.uding poleS, lines, transfor~ers, pipes, meters, and reIate~ £acititi~s ~fom distmibUtion of local service and o~ned and operated by a publlic utility. Water distribution and sewerage collection lines, pumping stations, and appurtenances owned and operated by the Albemarle County Service AuthOrity. Except .as otherwise expressly provided, central water supplies and centmal sewerage systems in conformance with Chapter 10 of the Code of Albemarle and all other applicable law. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 10. Temporary construction uses (reference 5.1.18). 11. Public uses and buildings such as schools, offices, parks, playgrounds, and roads funded, owned, or operated by local, state, or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). 12. Tourist lodgings (reference 5.1.17). 13. Homes for developmentally disabled persons (reference 5.1.7). BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4: 1. Community center (reference 5.1.4). 2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). 3. Fire and rescue squad stations (reference 5.1.9). 4. Swim, golf, tennis, or similar athletic facilities (reference 5.1~16). 5. Private schools. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange, centers; micro-wave and radio-wave transmission and relay towers, substations, and appurtenances (reference 5.1.12). 7. Day care, child care, or nursery facility (reference 5.1.6). 8. Mobile home subdivisions (reference 5.5). Rest home, nursing home, convalescent home, orphanage, or similar institution (reference 5.1.13). 10. Hospitals. 1t. Home occupation, Class B (reference 5.2). AREA AND BULK REGULATIONS REQUIREMENTS STANDARD LEVEL CONVENTIONAL CLUSTER DEVELOPMENT DEVELOPMENT BONUS LEVEL CONVENTIONAL CLUSTER DEVELOPMENT DEVELOPMENT Gross density 4 du/acre 4 du/acre 6 du/acre 6 du/acre Minimum lot size 10,890 sq ft 7,200 sq ft 7,260 sq ft 4,800 sq ft Minimum frontage: public, private 65 feet 65 feet 65 feet 65 feet Yards, minimum: Front 25 feet 25 feet 25 feet 25 feet Side 10 feet 10 feet 10 feet 10 feet Rear 20 feet 20 feet 20 feet 20 feet Maximum structure height 35 feet 35 feet 35 feet 35 feet 533 15.4 15.4.1 15.4.2 15.4.3 15.4.4 15.4.5 15.4.6 15.4.7 16.0 16.1 December 10, 1980 (Regular Day Meeting BONUS FACTORS (REFERENCE .2..4) LOCATIONAL STANDARDS For location within one-half mile of an existing public school, public library, rescue squad, fire station, o~ other public facility; rel~gious or cultural institution; or shopping area, a .density .increase of five (5) percent shall be granted. ENVIRONMENTAL STANDARDS For maintenance of existing wooded areas important to the existing landscape character of the area, a density increase of fifteen (15) percent shall be granted. For provision of significant landscaping in keeping with the character of the area and/or to minimize impact of new development on the existing character of the area, a density increase of twenty-five (25) percent shall be granted. Deciduous trees shall be of one and one-half (1 1/2.) inches to two (2) inches caliper; nondeciduous trees shall be three (3) feet to four (4) feet in height; all trees shall be planted on fifteen (15) foot centers, provided that this distance between trees may be increased depending upon the growth characteristics of the trees. DEVELOPMENT STANDARDS For pedestrian system separated from vehicular rights-of-way a density increase of five (5) percent shall be granted. For dedication of land for public use, not otherwise required by law, density may be increased in either of the following manners, whichever shall be less: density may be increased by fifteen (15) percent; or the acreage of land dedicated and accepted shall be multiplied by twice the gross density-standard level and the resulting number of dwellings may be added to the site. LOW AND MODERATE COST HOUSING For provision of low and/or moderate cost housing, certified as such by the Albemarle County housing coordinator, a density increase of thirty (30) percent shall be granted, provided that the number of such units developed shall not be less than one-half of the number of units achievable under gross density-standard level. The cumulative effect of density factors above may not exceed fifty (50) percent. CLUSTER DEVELOPMENT OPTION REGULATIONS At the option of the owner, regulations under cluster development provisions in section 15.3 may be used for Cluster development of the land to be subdivided and developed. Use of cluster provisions shall be subject to other requirements of this ordinance, applicable health requirements, and the provisions of Chapter 18 of the Code of Albemarle. RECREATIONAL AREA REQUIREMENTS For any development of thirty (30) dwelling units or more, exceeding four (4) dwelling units per acre in gross density, a minimum of fifty (50)square feet per dwelling unit of recreational area shall be Provided on the property. Not more than twenty-five (25) percent of such area shall be provided within buildings. Unless otherwise specifically permitted due to the peculiar nature of a particular development, such area shall be developed proportionately with facilities appropriat to pre-school and elementary school aged children. The commission shall consider the appropriateness of such area for the intended usage in terms of such factors as location, shape, topographic characteristics, compatibility to adjoining uses, accessibility to residents and ease of supervision. RESIDENTIAL R- 6 INTENT, WHERE PERMITTED R-6 districts are hereby created and may hereafter be established by amendment to the zoning map to Provide a plan implementation zone that: -provides for compact, medium-density residential devel°pment in areas having adequate public facilities and utilities within the communities and the urban area in the comprehensive plan; -permits a variety of housing types; -provides incentives for clustering of development and provision of locational, environmental, and developmental amenities. R-6 dist'ricts may be permitted within community and urban.area Iocations recommende for medium-density residential use in the comprehensive plan, in proximity to supporting facilities and where public water and sewerage utility services are reasonably available to the site. 534 December 10, 1980 (Regular Day Meeting) 16.2 16.2.1 16.2.2 PERMITTED USES BY RIGHT The following uses 'shall be permitt.e.d sub.j.ect .to. t.he requirements and limitations of this ordinance: Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses, and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Multiple-family dwellings such as garden apartments. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages; provided that yard, area, and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lot. Homes for developmentally disabled persons (reference 5.1.7). Boarding houses. Tourist lodgings (reference 5.1.17). 9. Churches, parish houses. 13. i0. Cemeteries. 11. Electric, gas, oil and communication facilities, excluding multi-legged tower structures and including poles, lines, transformers, pipes, meters, and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations, and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter i0 of the Code of Albemarle and all other applicable law. 12. Public uses and buildings such as schools, offices, parks, playgrounds, and roads funded, owned, or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). Temporary construction uses (reference 5.1.18). Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4: 1. Community center (reference 5.1.4). 2. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). 3. Fire and rescue squad stations (reference 5.1.9). 4. Swim, golf, tennis, or similar athletic facilities (reference 5.1.16). Private schools. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations, and appurtenances (reference 5.1.12). Day care, child care, or nursery facility (reference 5.1.6). Mobile home subdivisions (reference 5.5). Rest home, nursing home, convalescent home, orphanage, or similar institution (reference 5.1.13). 10. 11. Hospitals. Home occupation, Class B (reference 5.2). 535 December 10, 1980 (Regular Day Meeting) 16.3 AREA AND BULK REGULATIONS REQUIREMENTS STANDARD LEVEL BONUS LEVEL CONVENTIONAL CLUSTER C0~Y~ENTIONAL CLUSTER .... DEVELOPMENT 'D'E~EE0'PMENT ...... D'E~ELO'PMENT''D'EYELO~PMENT Gross density 6 du/acre 6 du/acre 9 du/acre (7260 sq ft/ (7.260 .sq ft/ (4840 sq ft/ du) du) du) 9 du/acre (4840 .sq ft/ du) Yards, minimum: Front 25 feet 25 feet 25 feet 25 feet Side 10 feet 10 feet 10 feet 10 feet Rear 20 feet 20 feet 20 feet 20 feet Maximum structure height 35 feet 35 feet 35 feet 35 feet 16.4 16.5 16.5.1 16.5.2 16.5.3 16.5.4 16.6 16.7 AREA AND BULK REGULATION OPTIONS FOR BONUS LEVELS At the option of the owner, regulations under cluster development provisions in section 16.3 may be used for cluster development of the land to be subdivided and developed. Use of cluster provisions shall be subject to other requirements of this ordinance, applicable health requirements, and the provisions of Chapter 18 of the Code of Albemarle. BONUS FACTORS (REFERENCE 2.4) ENVIRONMENTAL STANDARDS For maintenance of existing wooded areas important to the existing landscape character of the area, a density increase of twenty (20) percent shall be granted. For provision of significant landscaping along existing and proposed streets, in addition to what may otherwise be required by section 32.0, site development plan, in keeping with the character of the area and/or to minimize impact of new development on the existing character of the area, a density increase of twenty (20) percent shall be granted. Deciduous trees shall be one and oneahalf (1 1/2) inches to two (2) inches caliper; nondeciduous trees shall be three (3) feet to four (4) feet in height; all trees shall be planted on fifteen (15) foot centers, provided that this distance between trees may be increased depending upon the growth characteristics of the trees. DEVELOPMENT STANDARDS For pedestrian system separated from vehicular rights-of-way, a density increase of five (5) percent shall be granted. For dedication of land for public use not otherwise required by law, density may be increased in either of the following manners, whichever shall be less: density may be increased by fifteen (15) percent; or the acreage of land dedicated and accepted shall be multiplied by twice the gross density-standard level and the resulting number of dwellings may be added to the site. LOW AND MODERATE COST HOUSING For provision of low and/or moderate cost housing, certified as such by the Albemarle County housing coordinator, a density increase of thirty (30) percent shall be granted, provided that the numb.er of such units developed shall not be less than one-half of the number of units achievable under gross density-standard level. The cumulative effect of density factors above may not exceed fifty (50) percent. HEIGHT REGULATIONS Structures may be erected to a height of thirty-five (35) feet. Chimneys, flues, cooling towers, flag poles, radio or communication towers or their accessory facilities are excluded from the height limitation contained herein; the setback requirement shall apply. Parapet walls are permitted up to four (4) feet above the limited height of the structure on which the walls rest; the setback require- ments herein shall apply to parapet, walls. BUILDING SEPARATION In any case in which there is more than one main structure on any parcel, there shall be a minimum of twenty (20) feet between such structures. This provision shall not apply to structures built to a common wall. December 10, 1980 (Regular Day Meeting) 536 16.8 17.0 17.1 17.2 17.2.1 RECREATIONAL AREA REQU%REMENTS For any development of thirty (30). d~elling units or more, exceeding four (4) dwelling units per ~acre .in gross ~density., a minimum og fifty (50)square feet per dwelling unit ~of recreational area shall .be provided on the property· Not more than twenty-five (25) pemCent of such area shall be provided within buildings. Unless otherwise speci£ically permitted due to the peculiar nature of a particular development, such area shall be developed proportionately with facilities appropriate to pre-school and elementary school aged children. The commission shall consider the appropriateness of such area for the intended usage in terms of such factors as location, shape, topographic characteristics, compatibility to adjoining uses, accessibility to residents and ease of supervision. RESIDENTIAL R-'lO INTENT, WHERE PERMITTED R-10 districts are hereby created and may hereafter be established by amendment to the zoning map to provide a plan implementation zone that: -provides for compact, medium-density residential development in areas having adequate public facilities and utilities within the communities and the urban area in the comprehensive plan; -permits a variety of housing types; -provides incentives for clustering of development and provision of locational, environmental, and developmental amenities. R-10 districts may be permitted within the community and urban area locations recommended for medium-density or high-density residential use in the comprehensive plan, in proximity to supporting facilities and where public water and sewerage utility services are reasonably available to the site. PERMITTED USES BY RIGHT The following uses shall be permitted subject to the requirements and limitations of this ordinance: Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses, and patio houses provided that density is maintained, and provided further that bhildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. Multiple-family dwellings such as garden'apartments. Cluster development of permitted residential uses. Rental of permitted residential uses and guest cottages; provided that yard, area, and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lot. Homes for developmentally disabled persons (reference 5.1.7). Boarding houses. Tourist lodgings (reference 5.1.17). 9. Churches, parish houses. 10. 11. 12. 13. Cemeteries. Electric, gas, oil and communication facilities, excluding multi-legged tower structures and including poles, lines, transformers, pipes, meters, and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 10 of the Code of Albemarle and all other applicable law. Public uses and buildings such as schools, offices, parks, playgrounds, and roads funded, owned or operated by local, state'or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). Temporary construction uses (reference 5.1.18). Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. 537 December 10, 1980 (Regular Day Meeting) 17.2.2 17.3 BY SPECIAL USE PERMIT The following uses shall be permitted only by s.pecial use permit .approved by the board of supervisors pursuant to:ise'cltion. 31..2,..4: 1. Community center (reference 5..1.4.). 2. Clubs, lodge~ civic, fraternal, patriotic 6referenceS.t.2). 3. Fire and rescue squad stations (reference .5..1.9). 4. Swim, golf, tennis, or similar athletic facilities (reference 5.1.16). 5. Private schools. 6. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations, and appurtenances (reference 5.1.12). 7. Day care, child care, or nursery facility (reference 5.1.6). 8. Mobile home subdivisions (reference 5.5). 9. Rest home, nursing home, convalescent home, orphanage, or similar institution (reference 5.1.13). 10. Hospitals. 11. Professional offices. 12. Retail stores and shops on a single floor, compatible with the residential characteristics of the district, with a gross floor area not exceeding four thousand (4,000) square feet. 13. Home occupation, Class B (reference 5.2). AREA AND BULK REGULATIONS REQUIREMENTS Gross density STANDARD LEVEL CONVENTIONAL CLUSTER DEVELOPMENT DEVELOPMENT BONUS LEVEL CONVENTIONAL CLUSTER DEVELOPMENT DEVELOPMENT 10 du/ac 10 du/ac 15 du/ac 15 du/ac (4356 sq ft/ (4356 sq ft/ (2904 sq ft/ (2904 sq ft/ du) du) du) du) Yards, minimum: Front 25 feet 25 feet 25 feet 25 feet Side 10 feet 10 feet 10 feet 10 feet Rear 20 feet 20 feet 20 feet 20 feet Maximum structure height 65 feet 65 feet 65 feet 65 feet. 17.4 17.5 17.5.1 AREA AND BULK REGULATION OPTIONS FOR BONUS LEVELS At the option of the owner, regulations under cluster development provisions in section 17.3 may be used for cluster development of the land to be subdivided and developed. Use of cluster provisions shall be subject to other requirements of this ordinance, applicable health requirements and the provisions of Chapter 18 of the Code of Albemarle. BONUS FACTORS (REFERENCE 2.4) ENVIRONMENTAL STANDARDS For maintenance of existing wooded areas important to the existing landscape character of the area, a density increase of twenty (20) percent shall be granted. For provisions of significant landscaping along existing and proposed streets, in addition to what may otherwise be required by section 32.0, site development plan, in keeping with the character of the area and/or to minimize impact of new development on the existing character of the area, a density increase of twenty (20) percent shall be granted. Deciduous trees shall be one and one-half (1 1/2) inches to two (2) inches caliper; nondeciduous trees shall be three (3) feet to four (4) feet in height; all trees shall be planted on fifteen (15) foot centers, provided that this distance between trees may be increased depending upon the growth characteristics of the trees. December 10, 1980 (Regular Day Meeting) 17.5.2 17.5.3 17.5.4 17.6 17.7 17.8 18.0 18.1 DEVELOPMENT STANDARDS For pedestrian system ~epar. ated £rom .~ehicular r!ghts--o£-way a density increase of five .(~5)per~cent ~shall. be.grantad. For dedication Of land~ for public use not ~otherwise required by law, density may be increase~d in eilt~he'~ O~ thelfollowing manners, whichever shall be less: a. density may be increased by~ fifteen (I5) percent; or b. the acreage of land dedicated and accepted shall be multiplied by twice the gross density-standard level and the resulting number of dwellings may be added to the site. LOW AND MODERATE COST HOUSING ~ For provision of low and/or moderate cost housing', certified as such by the Albemarle County housing coordinator, a density~increase of thirty (30) percent shall be granted, provided that the number of such units developed shall not be less than one-half of the number of units achievable under gross density-standard level. The cumulative effect of density factors above may not exceed fifty (50) percent. HEIGHT REGULATIONS Structures may be erected to a height of sixty-five (65) feet; provided that any structure exceeding thirty-five (35) feet in height shall be set back from any street right-of-way or single-family residential or agricultural district; in additionto minimum yard requirements, a distance of'not less than two (2) feet for each one (1) foot of height in excess of thirty-five (35) feet. Chimneys, flues, cooling towers, flag poles, radio or communication towers or their accessory facilities are excluded from the height limitation contained herein; the setback requirement shall apply. Parapet walls are permitted up to four (4) feet above the limited height of the structure on which the walls rest; the setback requirement herein shall apply to parapet wallS. BUILDING SEPARATION In any case in which there is more than one main structure on any parcel, there shall be a minimum of twenty (20) feet between such structures. This provision shall not apply~to structures built to a common walt. RECREATIONAL AREA REQUIREMENTS For any development of thirty (30) dwelling units or more exceeding four (4) dwelling units per acre in gross density, a minimum of fifty (50) square feet per dwelling unit of recreationai area shall be provided on the property. Not more than twenty-five (25) percent of such area shall be provided within buildings. Unless otherwise specifically permitted due to the peculiar nature of a particular development, such area shall be developed proportionately with .facilities appropria~ to pre-school and elementary school aged children. The commission shall consider the appropriateness of such area for the~intended usage in terms of such factors as location, shape, toPographic characteristics, compatibility to adjoining uses, accessibility to residents and ease of supervision. RESIDENTIAL R-15 INTENT, WHERE PERMITTED R-15 districts are hereby created and may hereafter be established by amendment to the zoning map to provide a plan implementation zone that: -provides for compact, high-density residential development in areas having adequate public facilities and utilities within the communities and the urban area in the comprehensive plan; -permits a variety of housing types; -provides incentives for clustering of development, and provision of locational, environmental, and developmental amenities. R-15 districts may be permitted within the community and urban area locations recommended for high-densitY residential in the comprehensive plan, in proximity to supporting facilities and where public water and sewerage utility services are reasonably available to the site. 539 18.2 18.2.1 18.2.2 December 10, 1980 (Regular Day Meeting PERMITTED USES BY RIGHT The following uses shall be permitted sub.ject to the requirements and limitations of this ordinance: 1. Detached single-family d~e.llings. Semi-detached and attached single-family d~ellings such as duplexes, triplexes, quadraplexes, to~nhouses, atrium houses, and patio houses provided that density is maintained, and pr.ovided further that buildings are located so that each unit could be provided with a'lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings such as garden apartments. 4. Cluster development of permitted residenti.al~ uses. Rental of permitted residential uses and guest cottages; provided that yard, area, and other requirements of this ordinance shall be met for each such use whether or not such use is on an individual lot. 6. Homes for developmentally disabled persons (reference 5.1.7). 7. Boarding houses. 8. Tourist lodgings (reference 5.1.17). 9. Churches, parish houses. 10. 11. Cemeteries. Electric, gas, oil and communication facilities, excluding multi-legged tower structures and including poles, lines, transformers, pipes, meters, and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations, and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter t0 of the Code of Albemarle and all other applicable law. 12. Public uses and buildings such as schools, offices, parks, playgrounds, and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1, i2). 13. Temporary construction uses (reference 5.1.18). 14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings. BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4: Community center (reference 5.1.4). Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). Fire and rescue squad stations (reference 5.1.9). Swim, golf, tennis, or similar athletic facilities (reference 5.1.16). Private schools. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations, and appurtenances (reference 5.1.12). Day care, child care, or nursery facility (reference 5.1.6). Mobile home subdivisions (reference 5.5). Rest home, nursing home, convalescent home, orphanage, or similar institution (reference 5.1.13). 10. Hospitals. 1t. 12. 13. Professional offices. Retail stores and shops on a single floor, compatible with the residential characteristics of the district, with a gross floor area not exceeding four thousand (4,00.0) square feet. Home occupation, Class B (reference 5.2). December 10, 1980 (Regular Day Meeting) 540 18.3 18.4 18.5 18.5.1 18.5 2 18.5.3 18.5.4 18.6 AREA AND BULK REGULATIONS STANDARD LEVEL BONUS LEVEL · CONVENTIONAL CLUSTER CONVENTIONAL CLUSTER REQUIREMENTS ...... DEVELOPMENT'~DEYELOPMENT ...... DiEYELOPMENT DEVELOPMENT Gross density 15 du/ac 15 du/ac (2904 sq ft/~. (2904. sq ft/ du) du) 20 du/ac 20 du/ac (2178 sq ft/ (2178 sq ft/ du) du) Yards, minimum: Front Side Rear 25 feet. 25 feet 10 feet 10 feet 20 .feet ~ 20 feet 25 feet 25 feet 10 feet 10 feet 20 feet 20 feet Maximum structure height 65 feet 65 feet 65 feet 65 feet AREA AND BULK REGULATION OPTIONS FOR BONUS LEVELS At the option of the owner, regulations under cluster development provisions in section 18.3 may be used for cluster development of the land to be subdivided and developed. Use of cluster provisions shall be subject to other requirements of this ordinance, applicable health requirements, and the provisions of Chapter 18 of the Code of Albemarle. BONUS FACTORS (REFERENCE 2.4) ENVIRONMENTAL STANDARDS For maintenance of existing wooded areas important to the existing landscape character of the area, a density increase of twenty (20) percent shall be granted. For provision of significant landscaping along existing and proposed streets, in addition to what may otherwise be required by section 32.0, site development plan, in keeping with the character of the area and/or to minimize impact of new development on the existing character of the area, a density increase of twenty (20) percent shall be granted. Deciduous trees shall be one and one-half (1 1/2) inches to two (2) inches caliper; nondeciduous trees shall be three (3) feet to four (4) feet in height; all trees shall be planted on fifteen (15) foot centers, provided that this distance between trees may be increased depending upon the growth characteristics of the trees. DEVELOPMENT STANDARDS For pedestrian system separated from vehicular rights-of-way, a density increase of five (5) percent shall be granted. For dedication of land for public use not otherwise required by law, density may be increased in either of the following manners, whichever shall be less: a. density may be increased by fifteen (15) percent; or the acreage of land dedicated and accepted shall be multiplied by twice the gross density-standard level and the resulting number of dwellings may be added to the site. LOW AND MODERATE COST HOUSING For provision of low and/or moderate cost housing, certified as such by the Albemarle County housing coordinator, a density increase of thirty (30) percent shall be granted, provided that the number of such units developed shall not be less than one-half of the number of units achievable under gross density-standard level. The cumulative effect of density factors above may not exceed thirty-three (33) percent. HEIGHT REGULATIONS Structures may be erected to a height of sixty-five (65) feet; provided that any structure exceeding thirty-five (35) feet in height shall be set back from any street right-of-way or single-family residential or agricultural district; in addition to minimum yard requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty-five (35) feet. Chimneys, flues, cooling towers, flag poles, radio or communication towers or their accessory facilities are excluded from the height limitation contained herein; the setback requirement shall apply. Parapet walls are permitted up to four (4) feet above the limited height of the str.ucture on which the walls rest; the setback requirement: herein shall apply to parapet walls. 541 December 10, 1980 (Regular Day Meeting) 18.7 18.8 19.0 19.1 19.2 19.3 19.3.1 BUILDING SEPARATION In .any case in which ther.e is ~mo.re. _than o.ne main structure on any parcel, there shall be a minimum .of tw.enty. (20.)~ feet be.tNeen such structures This provision shall not .apply to: struc.tures built :to a .common wall. RECREATIONAL AREA REQUIREMENTS For any development of thirty. (30). dwelling units or more exceeding four (4) dwelling units per acre in gross density, a minimum of fifty. (50)square feet per dwelling unit of recreational area shall be provided on the property. Not more' than twenty-five (25) percent of such area shall be provided within buildings. Unless otherwise specifically permitted due to the peculiar nature of a particular development, such area shall be developed proportionately with facilities appropriat to pre-school and elementary school aged children. The commission shall consider the appropriateness of such area for the intended usage in terms of such factors as location, shape, topographic characteristics, compatibility to adjoining uses, accessibility to residents, and ease.of supervision. PLANNED RESIDENTIAL DEVELOPMENT PRD INTENT, WHERE PERMITTED PRD districts may hereafter be established by amendment;~ to the zoning map in accordance With the provisions set forth generally for. PD districts, in sections 8.0 and 33.0, and with densities and in locations in accordance with the compre- hensive plan. The PRD is intended to encourage sensitivity toward the natural characteristics of the site and toward impact on the surrounding area in land development. More specifically, the PRD is intended to promote economical and efficient land use, an improved level of amenities, appropriate and harmonious physical development, and creative design consistent With the best interest of the county and the area in which it is located. To these ends, the PRD provides for flexibility and variety of development for residential purposes and uses ancillary thereto. Open space may serve such varied uses as recreation, protectionof areas sensitive to development, buffering between dissimilar uses, and preservation of agricultural activity. In recognition that development at such densities generally requires careful planning with respect to impact, it is also intended that the PRD be employed in areas where the comprehensive plan recommends densities in excess of twenty (20) dwelling units per acre. · APPLICATION Notwithstanding the requirements and provisions of section 8.0, planned development districts, generally, where certain planned community (PC) or residential planned neighborhood (RPN) districts have been established prior to the. adoption of this ordinance, such districts shall be considered to have been established as PRD districts' under this ordinance and shall be'so designated on the zoning map. PERMITTED USES BY RIGHT The following uses shall be permitted subject to the requirements and limitations of this ordinance: Detached single-family dwellings. Semi-detached'and attached single-family dwellings such as duplexes, triplexes quadraplexes, townhouses, atrium houses, and patio houses provided that density is maintained, and provided further that buildings are located so that each unit'could be provided with a lot. meeting all other requirements for detached single-family dwellings except for side yards .at the common wall. '' 3. Multiple-family dwellings. Churches. Parks, playgrounds, community centers and noncommercial recreational and cultural facilities such as tennis courts, swimming pools,.game rooms, libraries and the like. Electric, gas, oil and communication facilities, excluding multi-legged tower strUCtures and including poles, lines, transformers, pipes, meters, and related facilities for distribution of local service and owned and operated by a public utility.- 'Water distribution and. sewerage collection lines, pumping stations, and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise, expressly provided, central 'water supplies and central sewerage systems~in conformance with Chapter I0 of the Code of Albemarle and all other applicable law. Public uses and buildings such as schools, offices, parks, playgrounds, and roads funded,~owned, or operated by local, state or federal agencies (referenc 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). December 10, 1980 (Regular Day Meeting) 542 19.3.2 19.4 19.5 19.5.1 19.5.2 19.6 19.6.1 19.6.2 19.6.3 19.7 10., Temporary construction uses (reference 5.1.18). Accessory uses and str.uctures including home occupation, Class A (reference Homes 'for deVelOpmentally disabledpe~sons Creference,5.!.7). BY SPECIAL USE PERMIT The following uses shall .be permitted only by special use permit, provided that no separate application shall be required for any such use as shall be included in the original PRD rezOning petition: 1. Day care, child care, or nursery facility (reference 5.1.6). 2. Fire and rescue squad stations (reference 5.9). Rest home, nursing home, convalescent home, orphanage, or similar institution (reference 5.1.13). Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio~¥e transmission and relay towers, substations and appurtenances (reference 5.1.12). 5. Home occupation, Class B (reference 5.2). RESIDENTIAL DENSI.~_IES The gross and net residential densities permitted in any PRD district shall be shown on the approved application plan therefor, which shall be binding upon its approval. The overall gross density so approved shall be determined by the board of supervisors with reference to the comprehensive plan, but shall, in no event, exceed thirty-five (35) dwelling units per acre. In addition, the bonus and cluster provisions of this ordinance shall be inapplicable to any PRD except as herein otherwise expressly provided· MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT Minimum area required for the establishment of a PRD district shall be three (3) acres. Additional area may be added to an established PRD district if it adjoins and forms a logical addition to the approved development. The procedure for an addition shall be the same as if an original application were filed, and all requirements shall apply except the minimum acreage requirement of section 19.5.1. MINIMUM AREA REQUIREMENTS FOR OPEN SPACE AND RECREATIONAL USES Not less than twenty-five (25) percent of the area of any PRD shall be in open space, except as hereinafter expressly provided. RECREATIONAL AREA REQUIREMENTS For any development of thirty (30) dwelling units or more exceeding four (4) dwelling units per acre in gross density, a minimum of fifty (50) square feet per dwelling unit of recreational area shall be provided on the property. Not more than twenty-five (25) percent of such area shall be provided within buildings. Unless otherwise specifically permitted due to thee peculiar nature of a particular development, such area shall be developed proportionately with facilities appropria~ to pre-school and elementary school aged children. The commission shall consider the appropriateness of such area for the intended usage in terms of such factors as location, shape, topographic characteristics, compatibility to adjoining uses, accessibility to residents and ease of supervision. In the case of any proposed PRD having a total gross area of not less than three hundred (300) acres and a gross residential density of not more than two (2) dwelling units per acre, the board of supervisors may waive the provision of common open space and recreation area as hereinabove required; provided that not less than thirty-five (35) percent of the gross area of such proposed PRD shall be devoted solely to agriculture. For purposes of this section only, the term "devoted solely to agriculture" shall be deemed to include not more than one dwelling unit, which shall be included in the determination of the gross density of the PRD. HEIGHT REGULATIONS Unless otherwise provided at time of establishment of a PRD district, structures may be erected to a height of sixty-five (65) feet; provided that any structure exceeding thirty-five (35) feet in height shall be set back from any street right-of-way or single-family residential or agricultural district; in addition to minimum yard requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty-five (35) feet. Chimneys, flues, cooling towers, flag poles, radio or communication towers or their accessory facilities are excluded from the height limitation contained herein; the setback requirement of thirty-five (35) feet shall apply. Parapet walls are permitted up to four (4) feet above the limited height of the structure on which the walls rest; the setback requirements, herein shall apply to parapet walls. 543 December 10, 1980 (Regular Day Meeting) 19.8 19.9 19.9.1 19.9.2 19.10 19.11 20.0 20.1 20.2 20.3 20.3.1 BUILDING SEPARATION There shall be a minimum of tw.enty (20)...~eet between str.uctures; provided that this provision shall not apply to structures built .to a com~on ~al.1.' SETBACK AND YARD REGHLATIONS Structures to be located on the outer perimeter of a PRD district shall conform to the setback and yard regulations of the adjoining district. Within the PRD district, the board of supervisors shall establish minimum setback and yard requirements at time of establishment of such district. MINIMUM OFF-STREET PARKING REGULATIONS Off-street parking and loading space requirements shall be in accordance with section 4.12; provided that the board of supervisors may vary or waive such requirements at time of establishment of a PRD district. SIGN REGULATIONS Sign regulations shall be as prescribed in section 4.15. PLANNED UNIT DEVELOPMENT PUD INTENT, WHERE PERMITTED PUD districts may hereafter be established by amendment~ to the zoning map in accordance with the provisions set forth generally for planned deveI0pment districts in sections 8.0 and 33.0 and with densities and uses in locations in accordance with recommendations of the comprehensive plan. As described by the comprehensive plan, PUD districts are intended to serve as neighborhoods or mini-neighborhoods within designated communities and the urban area. Additionally, PUD districts may be appropriate where the establishment of a "new village" or the nucleus of a future community exists and where the PUD development would not preclude achievement of the county's objectives for the urban area, communities and villages. In order to encourage the community function, appropriate commercial and industrial uses are provided in addition to a variety of residential uses. It is intended that commercial and industrial development be limited to a scale appropriate to the support of the residential uses within the PUD; provided that additional commercial and industrial activity may be permitted upon a finding that the area in which the PUD is to be located is not adequately served by such use. It is intended that these regulations provide flexibility in residential development by providing for a mix of residential uses with appropriate nonresidential uses, alternative forms of housing, flexibility in internal relationships of design elements and, in appropriate cases, increases in gross residential densities over that provided in conventional districts. APPLICATION Notwithstanding the requirements and provisions of section 8.0, planned development districts, generally, where certain planned community districts have been establishe and have been developed or received final site development plan approval prior to the adoption of this ordinance, such districts shall be considered to have been established as PUD districts under this ordinance and shall be so designated on the zoning map. PERMITTED USES - RESIDENTIAL Within areas approved as residential on the application plan, permitted uses shall be as follows: BY RIGHT The following uses shall be permitted subject to the requirements and limitations of this ordinance: Detached single-family dwellings. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadrapiexes, townhouses, atrium houses, and patio houses provided that density is maintained, and provided further that buildings are located so that each unit could be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall. 3. Multiple-family dwellings. Churches. Parks, playgrounds, community centers, and noncommercial recreational and cultural ~aciliti.es such as tennis courts, swimming pools,.game rooms, libraries and the like. December 10, 1980 (Regular Day Meeting) 20.3.2 20.4 20.4.1 2O.4.2 20.5 20.5.1 20.5.2 20.6 Electric,.gas, oil and communication~ facilities, excluding multi-legged tower structure~ and including poles, lines, transformers, pipes, meters, and reiate~ facilities for distrib.ut~on of local ser¥ice and owned and operated by a public utility. Water distrib~ution and sewerage collection lines, pumping .stations, and appurtenances owned and operated by the Albemarle County Service AuthOrity_. Except ~as otherwise expressly provided, central water supplies and central .sewerage systems in conformance with Chapter 10 of the ~Code of Albemarle and all other applicable law. Public uses and buildings such as schools, offices, parks, playgrounds, and roads funded, owned, or operated by local, state or federal agencies (reference 31.2.5); pubIic water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). 10. Temporary construction uses (reference 5.1.18). Accessory uses and structures including home occupation, Class A (reference 5.2) and storage buildings. Homes for developmentally disabled persons (reference 5.1.7). BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit, provided that no separate application shall be required for any such use included in the original PUD rezoning petition: Day care, child care, or nursery facility (reference 5.1.6). Fire and rescue squad stations (reference 5.1.9). Rest home, nursing home, convalescent home, orphanage, or similar institution (reference 5.1.13). Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations, and appurtenances (reference 5.1.12). Home occupation, Class B (reference 5.2). PERMITTED USES - COMMERCIAL/SERVICE Within areas approved as commercial/service on the application plan, uses permitted shall be as follows: BY RIGHT 1. Uses permitted by right in section 22.0, commercial, C-1. 2. Uses permitted by right in section 23.0, commercial office, CO. BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit, provided that no separate application shall be required for any such use included in the original PUD rezoning petition: 1. Uses permitted by special use permit in section 22.0, commercial, C-1. 2. Uses permitted by special use permit in section 23.0, commercial office, CO. PERMITTED USES - SHOPPING CENTER Within areas approved for shopping center on the application plan, uses permitted shall be as follows: BY RIGHT Uses permitted by right in section 25.0, planned development - shopping centers, PD-SC. BY SPECIAL USE PERMIT The following uses shall be permitted only by special use permit, provided that no separate~ application shall be required for any such use included in the original PUD rezoning petition: Uses permitted by special use permit in section 25.0, planned development - shoppin centers, PD-SC. PERMITTED USES - INDUSTRIAL In approval of areas as industrial on the application plan, the board of supervisor shall designate the cat~.gory of uses as provided in section 29.0, planned develop- ment - industrial park, PD-IP for each subarea of industrial on the application plan. Thereafter, except .as otherwise expressly provided herein, uses permitted shall be established in accordance with section 29.0, provided that no separate application shall be required for any such use permitted by special use permit included in the original PUD rezoning petition. 545 20.7 20.7.1 20.7.2 20.8 20.8.1 20.8.2 20.8.3 2O.8.4 20.8.5 20.8.6 20.9 20.9.1 20.9.2 20.9.3 December 10, 1980 (Regular Day Meeting MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DI.~TRICT Minimum area requi.red, for the! est.ablishment .of a PUD. district .shall be one hundred (100) acres. Additional area may he added .to. an established PUP distr.ict .if it .adjoins and forms a logical 'addition to~ the apprmved development. The procedure for an addition shall be the same as if an original application were filed, and all requirements shall apply except the minimum acreage requirement of section 20.7.1. REGULATIONS GOVERNING RESIDENTIAL AREAS RESIDENTIAL DENSITY The gross and net residential densities permitted_ in any PUD district shall be shown on the approved application plan therefor, which shall be binding upon its approval. The overall gross density so approved shall be determined by the board of supervisors with reference to the comprehensive plan, but shall, in no event, exceed thirty-five (35) dwelling units per acre. In addition, the bonus and cluster provisions of this ordinance shall be inapplicable to any PUD except as herein otherwise expressly provided. MINIMUM AREA REQUIREMENTS FOR OPEN SPACE Not less than twenty-five (25) percent of the residential area of any PUD shall be in open space. RECREATIONAL AREA REQUIREMENTS For any development of thirty (30) dwelling units or more exceeding four (4) dwelling units per acre in gross density, a minimum of fifty (50) square feet per dwelling unit of recreational area shall be provided on the property. Not more than twenty-five (25) percent of such area shall be provided within buildings. Unless otherwise specifically permitted due to the peculiar nature of a particular develoPment, such area shall be developed proportionately with facilities appropriate to pre-school and elementary school aged children. The commission shall consider the appropriateness of such area for the intended usage in terms of such factors as location, shape, topographic characteristics, compatibility to adjoining uses, accessibility to residents and ease of supervision. HEIGHT REGULATIONS Unless otherwise provided at time of establishment of a PUD district, structures may be erected to a height of sixty-five (65) feet; provided that any structure exceeding thirty-five (35) feet in height shall be set back from any street right-of-way or residential or agricultural district; in addition to minimum yard requirements, a distance of not less than two (2) feet for each one (i) foot of height in excess of thirty-five (35) feet. Chimneys, flues, cooling towers, flag poles, radio or communication towers or their accessory facilities are excluded from the height limitation contained herein; provided that the setback of thirty- five (35) feet shall apply. Parapet walls are permitted up to four (4) feet above the limited height of the structure on which the walls rest; the setback requirement herein shall apply to parapet walls. BUILDING SEPARATION There shall be a minimum of twenty (20) feet between structures, provided that this provision shall not apply to structures built to a common wall. SETBACK AND YARD REGULATIONS Structures to be located on the outer perimeter of a PUD district shall conform to the setback and yard regulations of the adjoining district. Within the PUD district, the board of supervisors shall establish minimum setback and yard requirements at time of establishment of such district. REGULATIONS GOVERNING COMMERCIAL/SERVICE AREAS INTENT, GENERALLY Commercial/service areas are intended to be of a scale, character, and location appropriate to provide convenience services primarily for the residents of the PUD district. To this end, where practical, commercial/service areas shall be internally oriented and separated from dissimilar areas surrounding the PUD district. External vehicular access shall be discouraged and internal pedestrian access shall be encouraged. Total commercial/service area shall be based on dwellings served. Individual establishments shall be limited in size to avoid the impression of general commercial development. Commercial/service areas shall comply to the requirements of section 21.0, commercia districts, generally, provided that any requirement of section 21.0 shall be subject to modification, variation or waiver as provided in section 8.0, planned development districts, generally. For such areas as may be located on the perimeter of a PUD district, the commission shall be particularly mindful of the intent to protect the character of adjoining development. The total gross floor area of uses permitted in commercial/serv~me~ areas shall not exceed twenty (20) square feet per dwelling unit approved on the application plan. Outdoor display service or sales areas shall be included in gross floor area calculations. For gasoline service stations, each fuel pump Shall count as two hundred (200) square feet of gross floor area and all service bays shall be December 10~ 1980 (Regular Da~ 20.9.4 20.10 20.10.1 20.10.2 20.10.3 20.11 20.11.1 20.11.2 20.11.3 20.11.4 20.11.5 20.12 20.13 21.0 21.1 21.2 Building permits for comme.rcial/.~ervice use~ shall not be. issued prior to issuance of building permits for e~ghty (80). per[cent Of the dwelling units approved on the application plan. REGULATIONS G0.VERNING SHOPPING CENTER AREAS INTENT, GENERALLY Shopping center areas shall .~e permit.t.ed only. upon a finding that: a. the scale of the PUD development is adequate, to support .such use; the area in which the PUD .development is located is not adequately served by such use. More specifically, no shOpping center area shall be permitted which does not satisfy the requirements of section 25.1. Shopping center areas shall comply with the requirements of section 25.0, planned development - shopping centers, provided that any requirement of section 25.0 shall be subject to modification, variation, or waiver as provided in section 8.0, planned development districts, generally. For such areas as may be located on the perimeter of a PUD district, the commission shall be particularly mindful of the intent to protect the character of adjoining development. Building permits for shopping center uses shall not be issued prior to issuance of building permits for eighty (80) percent of the dwelling units approved on the. application plan. REGULATIONS GOVERNING INDUSTRIAL AREAS INTENT, GENERALLY Industrial areas are intended to provide convenient employment for residents of the PUD district, and where deemed appropriate, for residents of surrounding areas based upon the availability of labor in such areas. To this end, acreage devoted to industrial use shall be proportional to the population served. Additiona acreage for industrial usage may be reserved for future development to serve the overall industrial needs of Albemarle County as recommended by the comprehensive plan. Industrial areas shall comply with the requirements of section 26.0, industrial districts, generally, and section 29.0, planned development - industrial park, except as hereinafter expressly provided. Any requirement of sections 26.0 and 29.~0 shall be subject to modification, variation, or waiver as provided in section 8.0, planned development districts, generally. For such areas as may be located on the perimeter of a PUD district, the commission shall be particularly mindful of the intent to protect the character of adjoining development. Generally, industrial acreage shall not exceed one (i) acre per one hundred (100) dwelling units within the PUD district, provided that the board of supervisors may increase such acreage: (1) in order to provide for future industrial develop- ment; and/or (2) upon a finding that the industrial uses proposed will provide employment to residents outside the PUD development. Building permits for industrial uses shall .not be issued prior to issuance of eighty (80) percent of the dwelling units approved on the application plan. Sections 29.3 and 29.4 shall not apply to industrial areas within a PUD district, provided that the total number of industrial uses shall not exceed the total number of acres within the industrial area. MINIMUM OFF-STREET PARKING AND LOADING SPACE REQUIREMENTS Off-street parking and loading space requirements shall be in accordance with section 4.12. SIGN REGULATIONS Sign regulations shall be as prescribed in section 4.15. COMMERCIAL DISTRICTS GENERALLY INTENT, WHERE PERMITTED It is intended that commercial districts hereby and hereafter created shall be for the purposes of providing places to conduct commerce and business as well as to provide places of employment and strengthen the local economic base. To these ends, activities involving retail, wholesale, and service business shall be permitted at appropriate locations within areas designated as the urban area, communities, and villages in the comprehensive plan. A review of transportation impacts shall be a major consideration in the establishment and development of all commercial districts. PERMITTED ACCESSORY USES AND STRUCTURES Uses and structures which are customarily accessory and clearly incidental shall be permitted, provided establishment of the same shall not be permitted until constructio~'~has commenced on the principal building or the principal use has been established. £ 547 December 10, 1980_ .(Regu!ar Da~ Meetin~ 21.3 21.4 21.5 21.6 21.7 21.7.1 21.7.2 21.8 22_..0 22.1 22.2 22.2.1 OFF-STREET PARKING.AND. LOAD~N~..RE~U~REMENT.~ Off-street parking and loading space requirements shall .be. in accordance with section 4.12. HEIGHT REGULATIONS Structures may be erecte~ .to a .height of sixty~-~ive (65) feet; pr.ovided that any structure exceeding thirty-five (35) ~eet in height .~hall he set ~ack from any street right-of-waY ar residential or agricultural district; in addition to minimum yard requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty-five (35) feet. Chimneys, flues, cooling towers, flag poles, radio or communication towers or their accessory facilities are excluded from the height limitation contained herein; the setback requirement shall apply. Parapet walls are permitted up to four (4) feet above the limited height of the structure on which the walls rest; the setback requirements herein shall apply to parapet ~alls. SIGN REGULATIONS Sign regulations shall be as prescribed in section 4.15. MINIMUM LANDSCAPED AREA Minimum landscaped area on any individual lot shall not be less than 0.10 times the area of the lot. Such landscaped area shall be used to enhance the appearance of the lot. The commission may require ornamental landscaping of street frontages. MINIMUM YARD REQUIREMENTS Adjacent to public streets: No portion of any structure except signs advertising sale or r~entaL.~of the property shall be erected closer than thirty (30) feet to any pu~tic street right-of-way. Off-street parking and loading space shall be located and/or screened so as to minimize visual impact from public streets. No off-street parking or loading space shall be located closer than ten (10) feet to any public street right-of-way. Adjacent to residential and agricultural districts: No portion of any structure except signs advertising sale or_~.~.~$~of the property shall be located closer than fifty (50) feet to any residential or agricultural district. No off-street parking or loading space shall be located closer than twenty (20) feet to any residential or agricultural district. UTILITY REQUIREMENTS Ail utility lines are to be placed underground where practical. COMMERCIAL - C-1 INTENT, WHERE PERMITTED C-1 districts are hereby created and may hereafter be established by amendment to the zoning map to permit selected retail sales, service, and public use establishmen which are primarily oriented to central business concentrations. It is intended that C-1 districts be established only within the urban area, communities, and villages in the comprehensive plan. In order to permit flexibility of development within this district in conformance with the stated intent, the commission may, in a particular case, modify, vary, or waive certain requirements of section 21.0 as hereinafter provided. PERMITTED USES BY RIGHT The following uses shall be permitted in any C-1 district subject to the require- ments and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational charac- teristics, visual impact, and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. a. The following retail sales and service establishments: 1. Antique, gift, jewelry, notion, and craft shops. 2. Clothing, apparel, and shoe shops. 3. Department store. 4. Drug store, pharmacy. 5- Florist. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary, and wine and cheese shops. 7. Furniture and home appliances (sales and service). 8. Hardware store. ;s December 10, 1980 (Regular Day Meeting) 22.2.2 9. Musical instruments.. 10. Newsstands, magazines, ~pipe and tobacco shop. s. I1. Optical. goo'ds. 12. PhOtOgraphic. goo'ds. 13. Visual and audio appliances. 14. Sporting goods. 15. Retail nurseries and greenhouses. The following services and public establishments: 1. Administrative, professional offices. 2. Barber, beauty shops. 3. Churches, cemeteries. 4. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). 5. Financial institutions. 6. Fire and rescue squad stations (reference 5.1.9). 7. Funeral homes· 8. Health spas· 9. Indoor theaters. 10. Laundries, dry cleaners. 11. Laundromat (provided that an attendant shall be on duty at all hours during operation). 12. Libraries, museums. 13. Nurseries, day care centers (reference 5.1.6). 14. Eating establishments. 15. Tailor, seamstress. 16. Automobile service stations (reference 5.1.20). 17. Electric, gas, oil and communication facilities excluding multi-legged tower structures and including poles, lines, transformers, pipes, meters, and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations, and appurtenances owned and operated by the Albemarle County Service Authority. 18. Public uses and buildings such as schools, offices, parks, playgrounds, and roads funded, owned, or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). 19. Temporary construction uses (reference 5.1.18). 20. Dwellings (reference 5.1.21). 21. Medical center. BY SPECIAL USE PERMIT 1. Commercial recreation establishments. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave tranmission and relay towers, substations, and appurtenances. 3. Hospitals· 4. Fast food restaurant. 5. Veterinary office and hospital (reference 5.1.11). Unless such uses are otherwise provided in this section.~ uses permitted in section 18.0 residential - R-15, in compliance with regulations set forth therein, and such conditions as may be imposed pursuant to section 31.2.4. 7. Hotels, motels and inns. 549 December 10_ 1980~ (Regular Da~ Meeting_) 22.3 23.0 23.1 23.2 23.2.1 23.2.2 23.3 ADDITIONAL REQUIREMENTS In addition to the requirements contained herein, the ~equi.rementa of section 21..0, commercial dist~icts,'~generally, shall 'apply within all C-1 distmicCs;' provided that the commission may modify, vary, or waive the requirements of sections 21.7 and 21.8 in a particular, case upon a finding such action would .he in .keeping with the character of the area and that ~alternati~es proposed h~ the applicant would satisfy public interest _at least .to an equivalent ~gree. COMMERCIAL' OFFICE'-'CO INTENT, WHERE PERMITTED CO districts are hereby created and may hereafter be established by amendment to the zoning map to permit .development of administr.ative, business, and professional offices and supporting accessory uses and facilities. This district is intended as a transition between residential districts and other more intensive commercial and industrial districts. PERMITTED USES BY RIGHT The following uses shall be permitted in any CO district, subject to the requirement and limitations of these regulations: 1. Administrative and business offices. 2. Professional offices, including medical, dental and optical. 3. Financial institutions. 4. Churches, cemeteries. Libraries, museums· Accessory uses and structures incidental to the principal uses provided herein. Such uses in combination shall not occupy more than twenty (20) percent of the floor area of buildings on the site. The following accessory uses shall be permitted: -Eating establishments; -Newsstands; -Establishments for the sale of office supplies and service of office equipment -Data processing services; -Central reproduction and mailing services and the like; -Ethical pharmacies, laboratories, and establishments for the production, fitting and/or sale of optical or prosthetic appliances on sites containing medical, dental or optical offices; -Dwellings (reference 5.1.21). Electric, gas, oil, and communication facilities, excluding multi-legged tower structures and including poles, lines, transformers, pipes, meters, and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations, and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 10 of the Code of Albemarle and all other applicable law. Public uses and buildings such as schools, offices, parks, playgrounds, and roads funded, owned, or operated by local, state, or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). Temporary construction uses (reference 5.1.18). BY SPECIAL USE PERMIT 1. Hospitals. 2. Funeral homes. 3. Electrical power substations, transmissi°n lines and related towers;.gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations and appurtenances. ADDITIONAL REQUIREMENTS In addition to the requirements contained herein, the requirements of section 21.0, commercial districts,, generally, shall apply within all CO districts. 55( 24.0 24.1 24.2 24.2.1 HIGHWAY' COMMEKC'IAL' '- HC INTENT, WHERE PERMITTED HC districts are hereby created and may hereafter be established by amendment to the zoning map to permit development of commercial establishments, other than shopping centers, primarily oriented to highway locations rather than to central business concentrations. It is intended that HC districts be established on major highways within the urban area and communities in the comprehensive plan. It is further intended that this district shall be for the purpose of limiting sprawling strip commercial development by providing sites with adequate frontage and depth to permit controlled access to public streets'. PERMITTED USES BY RIGHT The following uses shall be permitted in any HC district subject to the requirements and limitations of these regulations. The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit, as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character, and more specifically, similar in terms of locational requirements, operational characteristics, visual impact, and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0. 1. Automobile laundries. 2. Automobile, truck repair shops. 3. Automobile service stations (reference 5.1.20). 4. Building materials sales. 5. Churches, cemeteries. 6. Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). 7. Convenience stores. 8. Educational, technical, and trade schools. 9. Factory outlet sales - clothing and fabric. 10. Feed and seed stores (reference 5.1.22). 11. Financial institutions. 12. Fire extinguisher and security products, sales and service. 13. Fire and rescue squad stations (reference 5.1.9). 14. Funeral homes. 15. Furniture stores. 16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary, and wine and cheese shops. 17. Home and business services such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance services. 18. Hardware. 19. Hospitals; nursing homes, convalescent homes (reference 5.1.13). 20. Hotels, motels, and inns. 21. Light warehousing. 22. Machinery and equipment sales, service and rental. 23. Mobile home and trailer sales and service. 24. Modular building sales. 25. Motor vehicle sales, service and rental. 26. New automotive parts 'sales. 27. Newspaper pubIishing. 28. Administrative, business, and professional offices. 29. Office and business machines sales and service. 30. Eating establishment; fast food restaurants. 31. Retail nurseries and greenhouses. 32. Sale of major recreational equipment and vehicles. 24.2.2 24.3 24.4 25.0 25.1 33. 34. 35. 36. December t0, 1980 (Regular Da~ Wayside stands - ve.getab.les and agricultural produce (reference 5.1.19). Wholesale distribution. Electric~ gas, oil and communication facilities excluding multi-legged tower structures and including poles, lines, transformers, pipes, meters, and related facilities for distribution of local service and owned and operated by a pubiic utility. Water distribution and sewerage collection lines, pumping stations, and appurtenances'owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter t0 of the Code of Albemarle and all other applicable law. Public uses and buildings such as schools, offices, parks, playgrounds, and roads funded, owned, or operated by local, state, or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). 37. Temporary construction uses (reference 5.1.18). 38. Indoor theaters. 39. Heating oil sales and distribution (reference 5.1.20). BY SPECIAL USE PERMIT 1. Commercial recreation establishments. 2. Septic tank sales and related service. 3. Livestock sales. 4. Veterinary office and hospital (reference 5.1.11). 5. Drive-in theaters (reference 5.1.8). Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations, and appurtenances (reference 5.1.12). Hospitals; nursing homes, convalescent homes (reference 5.1.13). 8. Contractor's office and equipment storage yard. Auction houses. Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential - R-15, in compliance with regulations set forth therein, and such conditions as may be imposed pursuant to section 31.2.4. MINIMUM FRONTAGE, SHAPE OF DISTRICT Minimum frontage required on a public street for the establishment of an HC district shall be one hundred fifty (150) feet. Frontage of an HC district shall not exceed depth. This section shall not apply to HC districts established at the adoption of the zoning map. ADDITIONAL REQUIREMENTS In addition to the requirements contained herein, the requirements of section 21.0, commercial district, generally, shall apply within all HC districts. PLANNED DEVELOPMENT - SHOPPING CENTERS - PD-SC INTENT, WHERE PERMITTED PD-SC districts are hereby created and may hereafter be establishment by amendment of the zoning map to permit the development of neighborhood, community, and regional shopping centers in accordance with standards set forth in the comprehensi plan. PD-SC districts are intended to serve areas not conveniently and adequately provided with a broad range of commercial and service facilities. Regulations provided are intended to/encourage planned commercial centers with carefully organized buildings, service areas, parking areas and landscaped areas. PD-SC districts shall be located in areas served by both public water and sewer systems; provided that .neighborhood s.hOppi~g centers may he permitted in areas not served bY public water and/or public se~er, syst'ems ~here adequate, alternative water supply and/or sewerage disposal systems ~are availah!e. PD-SC districts shall have direct ~access to public str.eets adequate-to accommodate traffic generate by the development. ~e December 10~1980_!~ul~r pa__y_Meeting~ 25.2 25.2.1 25.2.2 25.3 25.4 25.4.1 25.4.2 25.4.3 PERMITTED USES BY RIGHT Uses permitted by right shall include commercial and service establishments permitted by right .in the C-i, CO and HC districts. Outdoor storage, sales, or display shall be permitted only when enclosed by appropriate visual screening. Electric,.gas, oil and communication facilities excluding multi-Iegged tower structures and including poles, lines, transformers, pipes, meters, and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations, and appurtenances owned and operated by the Albemarle County Service Authority. Public uses and buildings such as schools, offices, parks, playgrounds, and roads funded, owned, or operated by local, state, or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). Temporary construction uses (reference 5.1.18). BY SPECIAL USE PERMIT 1. Commercial recreational establishments. 2. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned tele- phone exchange centers; micro-wave and radio-wave transmission and relay towers, substations, and appurtenances (reference 5.1.12). AREA REQUIRED FOR CREATION OF PD-SC DISTRICTS Minimum and maximum areas required for the creation of PD-SC districts shall be as follows: Minimum Maximum Neighborhood center Community center 3 acres 10 acres less than 10 acres less than 30 acres Regional center 30 acres SITE PLANNING - EXTERNAL RELATIONSHIPS VEHICULAR ACCESS Vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. Pavement widths and strengths of both internal and external roads shall be adequate to accommodate projected traffic generated from the district. Unless otherwise specifically provided by the commission, the following standards shall be employed in the analysis of adequacy of existing roads: Vehicle trips per day Neighborhood center Community center 1,300 - 3,900 vtpd 4,300 - 12,500 vtpd Regional center 12,000 plus Primary access shall be provided from roads of adequate available capacity to accommodate projected traffic. Vehicular access from minor streets through residential neighborhoods shall be generally discouraged, and where permitted, shall be primarily for the conveniance of residential areas served directly by such roads and not for general public access. ORIENTATION Uses, structures and parking areas shall be oriented toward primary access points and away from adjoining residential distr.icts. SCREENING Yards, fences, walls, or v~getative scr.eening shall be provided where needed to protect residential dlstricts and public st~_e, ets from adverse influences such as undesirabIe Views,'light'ing and noise. In particular, storage yards, extensive parking and loading areas, and .refuse' storage areas shall he e~fectively screened from first story windows on .abutting lotS. in residential districts. Screening may consist of a sightly, opaque wall or fence, a planting strip, existing vegetati~ or combinations th,recur. Where only vegetative screening is provided, such screening strip shall not be. less than twenty (20) feet in depth. 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SCREENING Yards, fences, walls, or vegetative screening shall be provided where needed to protect residential districts and public streets from adverse influences such as undesirable views, lighting and noise. In particular, where practical, storage yards, extensive parking and loading areas, and refuse storage areas shall be effectively screened from first story windows on abutting lots in residential districts. Screening may consist of a sightly, opaque wall or fence, a planting strip, existing vegetation, or combinations thereof. Where only vegetative screening is provided, such screening strip shall not be less than twenty (20) feet in depth. The location, type and extent of screening shall be approved by the commission or its designee. SITE PLANNING - INTERNAL RELATIONSHIPS Buildings shall be arranged in a fashion to encourage pedestrian access of customers and minimize internal automotive movement. Facilities and access routes for deliveries, service and maintenance shall be separated, where practical, from customer access routes and parking areas. ADDITIONAL REQUIREMENTS In addition to requirements contained herein, the requirements of sections 8.0 and 21.0 shall apply to all PD-MC districts. In addition to materials required by section 8.5.1, a transportation analysis plan shall be submitted with the application for PD-MC designation. Such plan shall show: projected automobile and truck traffic generation; internal and access point turning movement; per- centage estimate of traffic distribution to and from the site on external roads; proposed improvements to the existing transportation network. INDUSTRIAL DISTRICTS - GENERALLY INTENT, WHERE PERMITTED It is intended that industrial districts hereby and hereafter created shall be for the purpose of providing places of employment and strengthening the local economic base. To this end, activities involving industrial and limited commercial land uses shall be encouraged in amounts and locations designated for such purposes in the comprehensive plan. It is further intended that the enlargement and expansion of existing uses shall be encouraged as well as development of new uses appropriate to the character of industrial districts. APPLICATION Where industrial districts have been established prior to the enactment of this ordinance, and such districts are recognized on the zoning map, the same shall be considered to have been established under this ordinance in compliance with minimum area required for establishment of districts (reference sections 27.3; 28.3; 29.3). PERMITTED ACCESSORY USES AND STRUCTURES Uses and structures which are customarily accessory and clearly incidental shall be permitted; provided, establishment of the same shall not be permitted until construction has commenced on the principal building or the principal use has been established. STANDARD RATIOS Floor area ratio. not exceed 0.70 times the land area of the lot. Maximum total floor area permissible for individual lots shall Maximum land coverage by buildings of an individual lot shall times the land area of the lot. OFF-STREET PARKING AND LOADING REQUIREMENTS not exceed 0.50 a. For industrial uses, one (1) parking space shall be provided for each employee on the major .work shift. b. For office uses, one (1) parking space shall be provided for each three hundred seventy-five (3.75) square feet.of net .Floor area. c. For commercial uses, one (t) parking space shall be provi.ded for each employee and one (t) parking space shall be provided for each two hundred (200) square feet .of .net floor~ area. Ail other off-str.eet parking and all off-str~eet loading space requirements shall be in accordance with section~ 4.12. 555 26.6 26.7 26.8 26.9 26.10 26.10.1 26.10.2 26.11 26.12 26.12.1 26.12.2 December 10, 1980 (Regular Da~ Meeting HEIGHT REGULATIONS Structures may be erected to. a .he!.ght of sixty.-fi.ve ~65).feet; provided that any structure exceeding thirty~five .(3.5) feet .in ~he'!ght .shall .be.set back from any street right-of-way or residential or agricultural district;, in addition to minimum yard requirements, a distance of not less than two (2) feet for each one (1) foot of height in excess of thirty-five (35) feet. Chimneys, flues, cooling towers, flag poles, radio or communication towers or their accessory facilities are excluded from the height limitation Contained herein; the setback requirement shall apply. Parapet walls are permitted up to four (4) feet above the limited height of the structure on which the walls rest; the seth.ack requirements herein shall apply to parapet walls. PERFORMANCE STANDARDS Each future occupant .of an industrial Character shall comply with standards set forth in section 4.14 and submit to the county engineer as a part of final site development plan approval, a certified engineer's report describing the proposed operation, all machines, processes, products and by-products, stating the nature and expected levels of emission or discharge to land, air and/or water of liquid, solid, or gaseous effluent and electrical impulses and noise under normal operation~ and.the specifications of treatment methods and mechanisms to be used to control such emission or discharge. The county engineer shall review the applicant's submittal and make comment and recommendation prior to final commission action on the site development plan. Subsequent occupants shall comply with the standards of section 4.14 whether or not additional site development plan review is required. SIGN REGULATIONS Sign regulations shall be as prescribed in section 4.15. MINIMUM LANDSCAPED AREA Minimum landscaped area on any individual lot shall not be less than 0.20 times the area of the lot. Such landscaped area shall be used to enhance the appearance of the lot. MINIMUM YARD REQUIREMENTS Adjacent to public streets: No portion of any structure, except signs advertising sale or rental of the property, shall be erected closer than fifty (50) feet to any public street right-of-way. Off-street parking and loading space shall be located and/or screened so as to minimize visual impact from public streets and be located a minimum of ten (t0) feet from any public street right-of-way. Adjacent to residential districts: No portion of any structure, except signs advertising sale or rental of the property, shall be located closer than fifty (50) feet to any agricultural or residential district and no off-street parking space shall be closer than thirty (30) feet to any agricultural or residential district. For the heavy industry (HI) district, no portion of any structure, except signs advertising sale or rental of the property, shall be located closer than one hundred (100) feet to any agricultural or residential district and no off-street parking shall be closer than thirty (30) feet to any residential or agricultural district. UTILITY REQUIREMENTS Ail utility lines shall be placed underground where practical. SITE PLANNING - EXTERNAL RELATIONSHIPS Site planning within the district shall provide for protection of individual sites from surrounding adverse influences, and for protection of surrounding areas from adverse influences within the district. VEHICULAR ACCESS Vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. Pavement widths and strengths of both internal and external roads shall be adequate to accommodate projected traffic generated from the district. SCREENING Yards, fences, walls or ve.getati~e ~c.reening shall be provided where needed to protect residential dist~icts and .pubiic str_eets £rom ~.dyer~e influences such as undesirable vieWs, lighting, and noise. In particular, storage yards, extensive parking and loading areas, and refuse~ storage areas shall be effectively screened from first st'cry Windows. on abutting lots.'~n .resi~dential distr~icts. Screening may consist of a sightl~ opaque wall orl.fence, a planting strip, eXisting ve~etatio or combinations thereof. Where only vegetative screening is p~ovi~ed, such screening strip shall not be_less than twenty (20). feet in depth. The location, type and extent of scrleehing shall be approved by the commission or its designee. December 10, 1980 (Regular Day Meeting) 556 27.0 27.1 27.2 27.2.1 LIGHT INDUSTRY' LI INTENT, WHERE PERMITTED LI districts are hereby created and may .hereafter be established by amendment to the zoning map to permit industries, offices and limited commercial uses which are compatible with and do not detmact from surrounding districts. Uses and land previously established in industrial limited (M-I) and research and technical manufacturing (RTM) districts, where in conformity to the comprehensive plan, shall be encouraged to develop as active centers of employment on both individual sites as well as within industrial parks. It is intended that LI districts may be established in areas having all of the following characteristics: -areas served by water and sewer facilities or if such facilities are reasonably available; -areas served by major highway, rail or air service, or secondary road improved to standards approved by the county; -areaslhaving clearly demonstrated suitability for intended uses with regard to physical characteristics and relationship to surrounding development. PERMITTED USES BY RIGHT The following uses shall be permitted in any LI district subject to the requirements and limitations of these regulations: 1. Compounding of drugs, including biological products, medical and chemical as well as pharmaceutical. 2. Fire and rescue squad stations (reference 5.1.9). 3. Manufacture, processing, fabrication, assembly, distribution of products such as, but not limited to: -Artists' supplies and equipment. -Business, office machines and equipment. -Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap. -Drafting supplies and equipment. -Electrical lighting and wiring equipment. -Electrical and electronic equipment and components including radio, telephone, computer, communication equipment, TV receiving sets, phonographs. -Food products, such as bakery goods, dairy products, candy, beverages, including bottling plants. ~ -Gifts, novelties including pottery, figurines, and similar ceramic products. -Glass products made of purchased glass. -Industrial controls. -Jewelry, silverware. -Light machinery and machine parts, including electrical household appliances but not including such things as clothes washers, dryers and refrigerators. -Musical instruments. -Paper products such as die-cut paperboard and cardboard, sanitary paper products, bags and containers. -Photographic equipment and supplies including processing and developing plant. -Rubber, metal stamps. -Small electrical parts such as coils, condensers, transformers, crystal holders. -Surgical, medical and dental instr.uments and supplies. -Toys, spor'ting and athletic equipment,-except firearms, ammunition, or fireworks. -Watches, clocks 'and similar timing devices. -Wood cabinets and furniture, upholstery. Publishing, printing, lithography, and engraving, including but not limited to newspapers, periodicals and books. December 10, 19U0 (Regular Day Meeting) 27.2.2 27.3 27.4 28.0 28.1 Preparation of printing plates including typesetting,~.e.tchiPg and engraving.~ Research and development .activities including experimental testing. 7. ~Scientific o~ technical ~educati.on. facilities. Assembly and fabrication of lighb ~aircraft from component parts manufactured off-site. 9. Contractor's office and equipment storage yard. 10. Engineering;~ engineering design, assembly and fabrication of machinery and components, including such on-site accessory uses as machining, babbitting, welding and sheet metal work employing machinery not exceeding fifteen (15) horsepower per unit and excluding such uses as drop hammering'and foundry· 11. Electric,.gas, oil, and communication facilities excluding multi-legged tower structures and including poles, lines, transformers., pipes, meters, and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations, and appurtenances owned.and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 10 of the Code of Albemarle and all other applicable law. 12. Public uses and buildings such as schools, offices, parks, playgrounds, and roads funded, owned, or operated by local, state, or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). 13. Temporary construction uses (reference 5.1.18). 14, Business and professional office buildings. BY SPECIAL USE PERMIT 1. Laboratories, medical, or pharmaceutical. 2. Airport, helistop or heliport (reference 5.1.1). 3. Assembly of modular building units. 4. Moving businesses, including storage facilities. 5. Warehouse facilities. 6. Wholesale businesses· 7. Truck terminal. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations, and appurtenances. MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT Minimum area required for establishment of an LI-district shall be five (5) acres. Unless otherwise provided in section 26.2, there shall be no minimum area requirements for additions to an established LI district, provided such area to be added adjoins and forms a logical addition to the existing LI district. ADDITIONAL REQUIREMENTS In addition to the requirements contained herein, the requirements of section 26.0, industrial districts, generally, shall apply within all LI districts. HEAVY INDUSTRY - HI INTENT, WHERE PERMITTED HI districts are hereby created and may herea£ter be established by amendment to the zoning map to permit industries and commercial uses which have public nuisance potential and will there£ore be subject to intensive r.e~iew for locational impact on surrounding land uses and environment. Hses and lands pr.eviously established in industrial general (M-2) and certain industrial limited (M-I) districts, where in conformity to~ the comp.rehensive plan, shall ba encouraged ta develop as active centers of employment on individual sites. It is intended that HI districts may be established in areas having all of the following characteristics:~ -areas served bY a major highway, rail or air service, or secondary road improved ~to standards approved by the county; -areas either served by public water and sewer or meeting .requirements of the local office of the Virginia Department of Health~ -areas having clearly demonstrated suitability for intended uses with regard to physical characteristics and relationship to surrounding development. December 10, 1980 (Regular Day Meeting) 558 8.2 2.1 28.2.2 PERMITTED USES BY RIGHT The following uses shall .be permitt.ed in any HI district subject to the requirements and limitations of t.hese" regulations: 1. Automotive, farm and construction and machinery products assembly· 2. Brick manufacturing, distribution. 3. Concrete mixing plant, storage, distribution. 4. Dry-cleaning plants. 5. Fire and rescue squad stations (reference 5.1.9). 6. Machine shops, tool and die, blacksmithing, boiler shops and similar operations 7. Manufacture of heavy household, commercial and industrial appliances. 8. Manufacture of building components. 9. Manufacture, distribution, service of individual sewage disposal systems. 10. Manufacture and recycling of tires. 11. Metal fabrication and welding operations. 12. Mobile home manufacturing, distribution. 13. Moving businesses, including storage facilities. 14. Petroleum, gasoline, natural gas and manufactured gas bulk storage (reference 5.1.20). 15. Recreational vehicle and components manufacturing, distribution. 16. Sawmills (reference 5·1·15), planing mills, wood preserving operations, woodyards. 17. Veterinary or dog/cat hospitals, indoor accessory kennels (reference 5.1·11). 18. Warehouse facilities· 19. Contractor's office and equipment storage yards. 20. Electric, gas, oil and communication facilities excluding multi-legged tower structures and including poles, lined, transformers, pipes, meters, and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations, and appurtenances owned and operated by the Albemarle County Service Authority. 21. Public uses and buildings such as schools, offices, parks, playgrounds and roads funded, owned, or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by. the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). 3. 4. 5. 6. 7. 10. 11. 12. Abattoirs. Airport, helistop or heliport (reference 5.1.1). Asphalt mixing plants. Cement, lime gypsum manufacture or processing .... Chemical, plastics manufacture or processing. Fertilizer manufacture or processing. Food processing plants such as meat, poultry, and fish processing and packing and rendering plants. Junk yards (screened) (reference 5.1.10). Kennels for boarding of domestic pets (reference 5.1.11). Petroleum refining, including by-products (reference 5.1.20). Pulp, paper manufacture or srocessing. Storage yards not elsewhere classified, excluding storage of nuclear products, by-products or wastes. 22. Temporary construction uses (reference 5.1.18). BY SPECIAL USE PERMIT December 10, _1~980 (Regular Da~ Meetin,g~ 28.3 28.4 29.0 29.1 29.2 29.2.1 13. Electrical power substations, transmission lines and related to-~ers;.gas or oil tr.ansmission lines.,'.pumpiyg .st.'at.i.on5 'and appurtenances; unmanned .te:lep. hone exchange center.s; mic.ro~aye.~ and radlO-~ave, transm~ion and tel'aH to.~er~, substations, and appur~enances~(re.~erence.]5..1.[2).. MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT Minimum area required for. e. st~bl'ishment of an HI district .shall be five (5) acres. There shall be no minimum area .re~ui.rements. for additions to. est.ahlis.hed HI districts, provided the area to .be .added adjoins and forms a logical addition to the existing HI district.. ADDITIONAL REQUIREMENTS In addition to requirements contained herein, the requirements of section 26..0, industrial districts, generally, shall apply in all HI districts. PLANNED DEVELOPMENT- INDUSTRIAL' P~RK' PD'-IP INTENT, WHERE PERMITTED PD-IP districts are hereby created and may hereafter be established by amendment to the zoning map to permit a variety of industrial uses, together with certain uses ancillary thereto, which are compatible with and do not detract either from each other or from surrounding districts. It is intended that PD-IP districts may be established in areas in conformity with the comprehensive plan and having all of the following characteristics: -areas served by water and sewer facilities, or if such facilities are reasonably available; -areas served by major highway, rail, or air service, or secondary road improved to standards approved by the county; -areas having clearly demonstrated suitability for intended uses with regard to physical characteristics and relationship to surrounding development. In the establishment of any PD-IP district, the board of supervisors shall designate the category of uses which shall be permitted in each parcel, or part thereof, which is the subject of the application for such amendment. PERMITTED USES BY RIGHT - CATEGORY I The following uses shall be permitted in any portion of any PD-IP district which is designated for Category I uses, subject to the requirements and limitations of these regulations: 1. Compounding of drugs, including biological products, medical and chemical as well as pharmaceutical. 2. Fire and rescue squad stations (reference 5.1.9). 3. Manufacture, processing, fabrication, assembly, distribution of products such as, but not limited to: -Artists' supplies and equipment. -Business office machines and equipment. -Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap. -Drafting supplies and equipment. -Electrical lighting and wiring equipment. -Electrical and electronic equipment and components including radio, telephone computer, communication equipment, TV receiving sets, phonographs. -Food products, such as bakery goods, dairy products, candy, beverages, including bottling plants. -Gifts, novelties including pottery, figurines and similar ceramic products. -Glass products made of purchased glass. -Industrial controls. -Jewelry, silverware. -Light machinery and machine parts, including electrical household appliances but not including such things as clothes washers, .dryers and refrigerators. -Musical instruments. -Paper products such as die-cut paperboard and products, bags and containers. -Photographic equipment and supplies including processing and developing plant. D~ecember 10_~ 1 8__~_~__~eg~lar Da_y Meeting) 56O 29.2.2 6. 7. 8. 11. ~Rubber, metal stamps. -Small electrical parts ~snch as coils,, condensers, transformers, crysta~ holders. -Surgical, medical and ~dental instrnments and supplies. -Toys, sporting and atb~etic e.qui'pment, except firearms, ammunition or fireworks -Watches,- cl. ocks'and similar timing de~i. ces. -Wood cabinets.'and furniture, upholstery. Publishing, printing, lithography and engraving, including but not limited to newspapers, periodicals and books. Preparation of printing plates including typesetting, etching and engraving. Research and development activities including experimental testing· Scientific or technical education facilities. Assembly and fabrication of light aircraft from component parts manufactured off-site. 12. 13. Contractor's office and equipment storage yard. Engineering, engineering design, assembly and fabrication of machinery and components, including such on-site accessory uses as machining, babbitting, welding and sheet metal work employing machinery not exceeding fifteen (15) horsepower per unit and excluding such uses as drop hammering and foundry. Electric, gas, oil, and communication facilities excluding multi-legged tower structures and including poles, lines, transformers, pipes, meters, and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations, and appurtenanoes owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central water supplies and central sewerag.e systems in conformance with Chapter 10 of the Code of Albemarle and all other applicable law. Public uses and buildings such as schools, offices, parks, playgrounds, and roads funded, owned, or operated by local, state, or federal agencies (referenc 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). Temporary construction uses (reference 5.1.18). BY RIGHT - CATEGORY II 1. Automotive, farm and construction machinery products assembly. 2. Brick manufacturing, distribution. 3. Concrete mixing plant, storage, distribution. 5. 6. 7- Dry-cleaning plants. Fire and rescue squad stations (reference 5.1.9). Machine shops, tool and die, blacksmithing, boiler shops and similar operations Manufacture of heavy household, commercial and industrial appliances. Manufacture of building components. Manufacture, distribution, service of individual sewage disposal systems. 10. Manufacture and recycling of tires. 11. Metal fabrication and welding operations. 12. Mobile home manufacturing, distribution. lB. Moving businesses, including storage facilities. Petroleum,. gasoline, natural gas and manufactured gas bulk storage (reference 5.1.20).. 15. Recreational vehicle and components manufacturing, distribution. 16. Sawmills (reference 5.!.25.), planing mills, wood preserving operations, woodyards. 17. Veterinary or dog/cat ~hospitals, indoor accessory kennels (reference 5·1·11)· 18. Warehouse facilities. 19. Contractor's office and equipment storage yards. Dece_mb_er 10_~_80 R_~!ar_ D_ay M~e_e~lng~ 29.2.3: · 29.2.4 29.3 29.4 29.5 20. Electric, gas, oil and communication ~aciliti.es, excluding ~ulti.-.legged to,er structures 'and including .poles_, li~nes.,, trans, for~er.s, pipe~.,' meters.,' and related faci'liti~s..'~o~ d~str~but..~On of'lo'cai .~e~.ce .and owned, and operated by a pubt'ic Utility.. Waterl dist~b.ution' and sewerage coli~ec-t±on lines., pumping st~ti.ons, and appurtenances o~ned and operated by the'Albemarle County Service 'AuthOrity. 21. Public uses and buildings such. as schools, offices, .parks, playgrounds, and roads funded, oWn.ed, or operated bylocal, state .or re.der.al agencies (reference 31.2..5); pubIic water and se~er tr.ansmisaion, main or trunk lines, treatment facilities, pumping st'ations 'and the like, owned and/or operated by the Rivanna Water and SeWer Authority (reference 31..2..5; 5.1.12). 22. Temporary construction uses (reference 5.1.18). BY SPECIAL USE PERMIT - CATEGORY I 1. Business and professional office buildings. Laboratories, medical, or pharmaceutical. Airport, helistop or heliport (reference 5.1.1). 4. Assembly of modular building units. 5. Moving businesses, including storage facilities. 6. Warehouse facilities. 7. Wholesale businesses. 8. Truck terminal. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations, and appurtenances (reference 5.1.12). BY SPECIAL USE PERMIT - CATEGORY II 1. Abattoirs. 2. Airports, helistop or heliport (reference 5.1.1). Asphalt mixing plants. Cement, lime gypsum manufacture or processing. Chemical, plastics manufacture or processing. 6. Fertilizer manufacture or processing. Food processing plants. Junk yards (screened) (reference 5.1.10). Kennels for boarding of domestic pets (reference 5.1.11). Petroleum refining, including by-products (reference 5.1.20). 11. Pulp, paper manufacture or processing. 12. Storage yards not elsewhere classified, excluding storage of nuclear products, by-products or wastes. 13. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations, and appurtenances (reference 5.1.12). MINIMUM AREA REQUIRED FOR CREATION OF DISTRICT Minimum area required for creation of a PD-IP district shall be fifty (50) acres; provided, however that when an initial PD-IP district has been created, incremental additions to such district ~shall be permitted if such incremental addition adjoins and forms a logical addition to the existing district. NUMBER OF PERMITTED USES The number of permitted uses shall not .exceed the total number of- acres within the district diwided by' ten: (t0).. ADDITIONAL REQUIREMENTS In addition to requirements..contained .herein, the requirements of sections 8.0 and 21.0 shall apply to. :all: 'PD-IP· district'.s..' In additi.on .to. materials required by section 8.5.1, a tr.ansporta~ion analysis plan shall'be 'submitted with'the applicati for PD-IP district designation. Such plan shall show: projec.ted automobile and truck traffic generation; .percent :of truck traffic by type; internal and access point turning mov'ement;..general .alignments of internal roads; rights-of-way widths and roadway typical sections including base strength designs; proposed improvements to the existing transportation'network; percentage' estimate of traffic distribution to and from the' ~ite on_external roads; bus and'car pool programs, if any. The' phasing of improvements enumerated in this section shall be indicated on the plan. 30.0 30.1 30.1.1 30.1.2 30.2 30.2.1 30.2.2 30.2.3 30.2.4 30.2.4.1 OVERLAY DISTRICTS OVERLAY DISTRICTS, GENERALLY INTENT Overlay districts hereby creased and hereafter established shall be for the purpose of imposing special regulations in certain areas which are intended to accomplish the stated purpose of the particular overlay district and furthermore, intended to promote the general health, safety and welfare of the citizenry and to promote the goals and objectives of the comprehensive plan. Regulations, requirements and limitations of overlay districts shall be in addition t~ or supersede, as the case may be, those of the underlying district. APPLICATION Overlay districts and amendments thereof shall be established in accordance with the provisions of section 33.0 of this ordinance. AIRPORT IMPACT AREA OVERLAY DISTRICT - AIA INTENT The AIA overlay district is created in recognition of: airport related hazards which may endanger lives and property; obstructions which effectively reduce air space required for take-off/landing and manuvering of aircraft, thereby reducing the utility of the Charlottesville-Albemarle Airport and the public investment therein; and noise from aircraft operations which may adversely affect the health of persons and the peaceful use and enjoyment of property. It .is the intent of this section to minimize the creation of physical~ visual and other obstructions to the safe operations of the airport facility and to minimize adverse airport- related impact on persons and properties in the vicinity. The AIA district shall consist of the airport protection area, safety area and the AIA noise impact area. APPLICATION The AIA overlay district is hereby created and designated generally on the zoning map and specifically on the Charlottesville-Albemarle Airport Imaginary Surfaces Map, as amended, and on the Day-Night Average Sound Level Map, as amended. Copies of these documents shall be available in the office of the zoning administrator~ DEFINITIONS AIA Noise Impact Area shall include all land within the Ldn 65 contour as delineated on the 1990 Day-Night Average Sound Level Map of the master planning study for the Charlottesville-Albemarle Airport, as amended. Airport Protection Area consists of the imaginary conical, horizontal, transitional and approach surfaces as delineated and/or described on the Imaginary Surfaces Map, as amended. Primary Surface: A surface longitudinally centered on a runway. The primary surface for Runway 3-21 extends two hundred (200) feet beyond each end and is one thousand (1,000) feet wide. The elevation of the primary surface is the same as the elevation of the nearest point on the runway centerline. Runway Clear Zone begins at the end of the primary surface on the runway ends and extends with the width of each approach surface defined in FAR 77.25D to terminate directly below each approach surface slope at the point, or points, where the slope reaches a height of fifty (50) feet above the elevation of the runway end or fifty (50) feet above the terrain at the outer extremity of the clear zone, which- ever distance is shorter. The clear zone on the north end of Runway 3-21 at Charlottesville-Albemarle Airport is one thousand (1,000) feet wide where it connect to the primary surface and one thousand four hundred-twenty-five (1,425) feet wide a' its northern edge and it extends south/north one thousand seven hundred (1,700) feet. The clear zone on the south end of Runway 3-21 at Charlottesville-Albemarle Airport is one thousand (1,000) feet wide where it connects to the primary surface and one thousand seven hundred fifty (1,750) feet at its southern boundary and it extends two thousand five hundred (2,500) feet north/south. Safety Area includes the airport primary surface and the clear zones at each end of the runway as shown on the Airport Lay-Out Plan. PERMITTED USES Within the AIA overlay district, uses shall be permitted in accordance with the regulations and requirements of the underlying district except as hereafter expressly provided. PENETRATION PROHIBITED No building, structure, object of natural growth, or use shall be permitted which shall penetrate the airport protection area. Penetration shall include but shall not be limited to any use or activity which would cause the intrusion into any of m the imaginary zones of light, glare, smoke, particles, projectiles, radiation or electrical interference. In determination of potential penetration, the zoning administrator shall consult with the Federal Aviation Administration, the Virginia Department of Aviation and the Charlottesville-Albemarle Airport Board. 563 December 10, 1980 (Regular Day Meeting) ~30.2.4.2 30.2.5 30.2.5.1 30.2.6 30.3 30.3.1 USES PERMITTED WITHIN SAFETY AREA No uses except agricultural and open space type uses not involving concentrations of people shall be permitted in the safety area. A prominent disclosure statement to this effect shall be required upon any plans or plats approved by any Albemarle County official and on all land transfers within the subdistrict. The regulations prescribed by this ordinance shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this ordinance and is diligently prosecuted. The foregoing notwithstanding, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the charlottesvill Albemarle Airport Board to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the Charlottesville- Albemarle Airport Board. Such owner is hereby further required to permit the trimming of any trees which presently conform to these regulations in such a manner as to prevent such trees from not conforming to these regulations in the future. NOISE PERFORMANCE STANDARDS Any building or structure intended for human occupancy or use proposed to be located within the noise impact area shall be designed and constructed in accordance with the accoustical performance standards in section 30.2.5.1. Building plan conformance to these requirements shall be certified by the Albemarle County building official prior to initiation of construction activities. "As-built" conformance to these requirements shall be certified by the building official prior to the issuance of any certificate of occupancy. Plats or plans of lands within the noise impact area approved by any Albemarle County official shall prominently display a disclosure statement that such plat or plan includes land and/or buildings within the AIA noise impact area. ACCOUSTICAL PERFORMANCE STANDARDS Land Use Category Maximum Interior Noise Levels [~ ~ (~).]~ Residential Public and quasi-public use: School Library Church Hospital Auditorium, concert hall, etc. Parks and recreation, sports arena Office Commercial Retail Movie theatre Hotel, motel Distribution, industry Manufacturing and assembly industry Ldn ~--45 Ldn ~45 Ldn ~45 Ldn ~45 Ldn 245 Ldn m45 Ldn m70 Ldn ~55 Ldn m55 Ldn m55 Ldn m55 Ldn 570 Ldn ~70 CLUSTER DEVELOPMENT, BONUS FACTORS No cluster development or bonus level provisions or regulations will be permitted unless the commission shall determine that such development will reduce or be equivalent to hazard and/or noise impacts anticipated under standard level-conventior development of the underlying zoning district. FLOOD HAZARD OVERLAY DISTRICT - FH INTENT It is intended that the flood hazard overlay district hereby and hereafter created shall be for the purpose of providing safety and protection from flooding. More specifically, these provisions are intended to restrict the unwise use, development, and occupancy of lands subject to inundation which may result in: danger to life and property; public costs for flood control measures and/or rescue and relief efforts; soil erosion, sedimentation and siltation; pollution of water resources; and general degradation of the natural and man-made environment. It is further intended that these provisions shall be adequate for qualification and continuation of Albemarle County on the regular program of the National Flood Insurance Program as administered by the Federal Insurance Administration. To these ends, provisions have been developed in accordance with regulations governing the regular program. L1 Dece~ber. 10 1~80 Re~lar Da~ Meetin~ 0.3.2 30.3.2.1 30.3.2.2 30.3.3 30.3.3.1 3O.3.3.2 APPLICATION DEFINITIONS--GENERALLY The flood hazard, ov'ertay district .sh~ll i.nc.l.ude all a~ea.s s.uhj~ect .to inundation by the ~aters of'the o.nelh~nldr, ed year ~lo:o:d'. ~The'.~.ource o~ th~s :del.ine~ation shall be the flood insurance ist.udy :fo~ t.he iC.onnt~ .o£Alb'emarle,. ¥irginia, as prepared by the Federal Insurance ~dminist~atiton - Federal Eme~gen.cy Management Agency, dated June 16, 1980. The flood hazard overlay district shall be comprised of three subdistricts as follows: Floodway '('Fl): That portion of the flood hazard overlay district required to carry and discharge 'the' waters of the one hundred year flood without increasing the water surfaca 'elevation at any point more than one (!) foot above existing conditions, as demonst~ate.d in the flood insurance study referenced above. Floodw&y Fr~nge''(F2): Those portions of land within the flood hazard overlay district subject to inundation by the one hundred year flood, lying beyond the floodway in areas where detailed study data and profiles are available. Approximated Flood Plain (F3): Those portions of land within the flood hazard overlay district subject to inundation by the one hundred year flood, where a detailed study has not been performed but where a one hundred year flood plain boundary has been approximated. Development for the purposes of this section only, shall mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Substantial ~improVement, for the purposes of this section only, shall mean any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged, the market value before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or the Virginia Historic Landmarks Commission. DETERMINATION OF FLOODWAY AND FLOODWAY FRINGE IN APPROXIMATED FLOOD PLAIN Except for such uses permitted in the floodway in accordance with section 30.3.5, no use, structure, or building shall be established and no rezoning petition, site development plan, subdivision plat, building permit, or other county approval shall be given for lands located within any approximated flood plain, prior to verification by the county engineer as to the limits of the floodway and floodway fringe within such lands. In his determination of the limits of the floodway and floodway fringe, and one hundred year flood elevation, the county engineer may request assistance from the Federal Insurance Administration, the United States Army Corps of Engineers, and such other qualified agencies and persons as he deems appropriate. The county engineer shall require the applicant to provide such information as he deems reasonably necessary to make his determination. The cost of such determination shall be borne entirely by the applicant. GENERAL REQUIREMENTS FOR FLOOD HAZARD OVERLAY DISTRICTS LOCATION OF UTILITIES AND FACILITIES Ail new or replacement water and sewer facilities shall be located and designed to: minimize or eliminate infiltration of flood waters into such systems and in the case of sewer facilities, discharge of effluent into flood waters; minimize damage or impairment caused by flooding. In review for and issuance of a permit for the installation of a septic system or well, the local office of the Virginia Department of Health should be mindful of the intent of this section. Ail new utilities such as gas lines, electrical and telephone systems to be located in the flood hazard overlay district shall be located and designed to minimize damage and impairment and to prevent flotation or dislocation. due to flooding. DEVELOPMENT PERMIT; BUILDING PERMIT; GRADING PERMIT In order to comply with the requirements of the regular Program of the National Flood Insurance Program, no. construction or other development shall be undertaken without prior issuance by the zoning administrator of a development permit. The purpose of such permit shall be to determine the effects of the proposed constructi or development on the flood carrying capacity, of the watercourse. No development permit shall be issmed for any use, structure, acti.vity, fill, new construction, substantial improvements, or other development, which in the opinion of the county engineer would result in any increase in flood levels during the occurrence of a one hundred year flood' discharge. In making such determination, the county engineer may request .assist'ance from the Federal Insurance Administration, the United States Army Corps of Engineers and such other qualified agencies and persons as he deems appropriate. 565 ....... Decem~ber~l_0 1]~80 Re~-_ular Da~ Meeting~ Where buildings and strnctu~es, and substantial impr~oyements ther.et~o are permitted under the terms of this .section within any s.ubdistrict ~og the'..flood hazard .overlay. district, the same shall .be..des'%'gned and/or' modified to~ Prev.ent '~flot'a.tion, collapse, or lateral movement as 'a re..$..u'lt .of flood'ing and .shall he...cons, tr~uated only in accordance with the raquirements~ o£~..t.he ¥irginia Uniform ~tatewide Building. Co.de for potenti.al hazards.' In addition, ~ater~%als 'and .utility..equipment .employed in such 'constr~uction shall' ~be resistant ~to'. 'fioo'd dam.age. For purposes of the regular Program, the zoning administrator, at time of issuance of a building permit for .new ~'constr-uction, ~hall make and maintain record of: the one hundred year flood elevation on' the lot or parcel, on which-the building or structure is to be loc'ated; the elevation of the lowest floor of such 'building or structure., including basement .or .cellar; and where flood proofing of the building or structure is proposed, the elevation of the finis.hed FloOd proofing. No building permit, including special footings and foundation permits, or grading permit, shall be issued within any subdistrict of the flood hazard overlay district until the applicant .for such permit has demonstrated to the reasonable satisfaction of the zoning administr.ator that .all nec.essary permits, and/or other approvals have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Acts Amendments of'1972, 33 U. S. C. 1334. 30.3.3.3 30.3.4 ALTERATION OR RELOCATION OF A WATERCOURSE Whenever a person intends to alter or-relocate a watercourse within any of the three (3) subdistricts of the flood hazard district, the person shall notify in writing by certified mail all adjacent communities and the State Water Control Board of all such intended activities prior to any alteration or relocation of the watercourse, and shall submit copies of such notification to the Federal Insurance Administration. The person shall also assure the board of supervisors in writing that the flood carrying capacity within the altered or relocated portion o~ th~ watercourse in question will be maintained. 'PB~iBtTED~ ~ ~SES Storage of gasoline, kerosene, and other petroleum products and flammable liquids, dynamite, blasting caps, and other explosives, pesticides, and poisons and other such materials which could result in hazard to life and/or water pollution in the event of flooding. Storage of machinery and vehicles except as accessory to a permitted use. Stockpiling of debris, logs, junk cars and similar materials. Structures designed or intended for human habitation, including mobile homes, regardless of proposed usage. 30.3.5 PERMITTED USES The following uses may be permitted within the flood hazard overlay district in accordance with the requirements of this section and as specifically provided in the underlying zoning district: 30.3.5.1 BY RIGHT The following uses shall be permitted subject to the requirements and limitations of this ordinance: 30.3.5.1.1 BY RIGHT WITHIN THE FLOODWAY 1. Agricultural uses, excluding structures of any kind, limited to field crops, pasture, grazing, livestock, raising poultry, horticulture, viticulture and forestry. 2. Recreational uses, excluding structures of any kind and uses involving human habitation, such as parks; swimming areas, golf courses, and driving ranges; picnic grounds; wildlife and nature preserves; game farms; fish hatcheries; shooting preserves; target, trap and skeet ranges; hunting, fishing and hiking areas; athletic fields; and horse show grounds. 3. Flood warning aids and devices, water monitoring devices and the like. 4. Fences. 30.3.5.1.2 BY RIGHT WITHIN THE FLOODWAY FRINGE Uses permitted by right in the floodway. Accessory structures to uses permitted by right in the floodway, excluding structures for human habitation; provided that any such structure permitted shall be firmly anchored to pr.event ~flotati.on, collapse', or later'al movement due to flooding. December 10, 1980 (Regular Day Meeting) 566 30.3.5.2 BY SPECIAL USE PERMIT The following uses shall .be permit.t.ed only by ~p. ecial use .permit appr.oyed by the board of supervisors pursuant ta Se:ction.~3I~..2,..4. 30..3.5.2.1 BY SPECIAL USE PERMIT ~ITH.IN ~HE F. L00DWAY 1. Dams, levees, and othe'r~ str~uctures ~or water, supply and~ flood control· Water reZated use's s.uch 'as .boa't :docks,. canoe liYer.ies, bridges, ferries, culverts,' and river crossings o£~ transmission lines of all types· Sod farming; topsoil, sand, and gr.avel .removal. Pump stations for water or wastewater including power supply and control devices, hOlding ponds 'and other appur.tenances. 5. Bank erosion structures. 30.3.5.2.2 BY SPECIAL USE PERMIT WITHIN THE FLOODWAY FRINGE Uses by special use permit in the floodway. Aircraft landing strip excluding structures and aircraft parking/storage. Landfill permit (reference 30.3.6). Electrical transmission lines and related towers; micro-wave and radio-wave transmission and relay towers. 30.3.6 LANDFILL PERMITS FOR FLOOD PLAIN ALTERATION 30.3.6.1 PERMIT REQUIREMENTS In addition to such conditions imposed by the board of supervisors in approval of a special use permit, a landfill permit approval by the county engineer is required for the filling of land in the floodway fringe· No permit shall be issued or approved until the site development plan for such fill of land shall have been submitted to the county engineer indicating the following requirements have been met: 1. In the case of residential usage, the finished grade shall be at or above the one hundred year flood elevation for the lowest floor, including basement, or cellar of a structure· For a nonresidential structure, watertight flood proofing in accordance with the Virginia Uniform Statewide Building Code may be provided in lieu of the finished grade described herein; 2. The filling of land shall be designed and constructed to minimize obstruction to and effect upon the flow of water and more particularly that: a. such fill will not, in the opinion of the county engineer, result in any increase in flood levels during the occurrence of a one hundred year flood discharge; b. the flood carrying capacity of the watercourse shall be maintained; c. no fill shall be placed in the floodway; Fill shall be effectively protected against erosion by vegetative cover, riprap, gabions, bulkhead, or other acceptable method. Any structure, equipment, or material permitted shall be firmly anchored to prevent dislocati¢ due to flooding; Fill shall be of a material that will not pollute surface water or groundwater Where in the opinion of the county engineer additional topographic, engineerin and other data or studies are necessary to determine the effects of flooding on a proposed structure or fill and/or the effect of such structure or fill on the flow of water in flood stage, the county engineer shall require the applicant to submit such data or studies. 30.3.6.2 FINDING OF COUNTY ENGINEER Upon completion of a fill operation in accordance with section 30.3.6.1, and at such time as the county engineer is reasonably satisfied that such fill is stabiliz~ at a finished grade above the one hundred year flood elevation, he shall notify the board of supervisors of such finding. The board of supervisors shall review such finding for amendment of the flood hazard overlay district as generally provided in section 33.0 and particularly provided in section 30~3'.7. In the event of amendment,.lands deleted from the flood hazard overlay district shall enjoy all uses of the underlying zone, as such uses are permitted therein. 567 ',- __ _- Decemb_ ~er 10,_~9~ Meetin~ 3o.3.? 30.3.8 30.3.9 30.3.9.1 3o.3.9.2 30.3.10 30.4 30.4.1 AMENDMENT OF THE FLOOD HAZARD OVERLAY DISTRI. CT The delineation of the .glo.od hazard .oyerlay. district may .be. r.e~ised., amended and modified by' the board of' super'~lsmr~ in .c'~mpliance. ~i.th it.he N~t.ion~l Flood Insurance Program when: a. there are 'changes through natura~ o~ ot.he~ camses; b. changes are indicat.e~ by: future idetai.led hydrologic and hydraulic studies. Ail such changes, are .s.ub~ect tm the r.e~ie~ .and approval of the .Fe.der.al Insurance Administration. WARNING AND DISCLAIMER OF LIABI.LI~Y The degree of flood protection required by this ordinance .is .considered reasonable for regulatory purposes and is based on engineering and scienti.£ic methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as bridge openings restricted by fill or debris. This ordinance does not imply that areas outside the flood hazard overlay district or land uses permitted within such districts will be free from flooding or flood damage. This ordinance shall not create liability on the part of Albemarle County or any officer, agency or employee thereof, for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made hereunder. RESTORATION OR REPLACEMENT OF NONCONFORMING USES Irrespective of the provisions of section 6.0 of this ordinance, for the purpose of this section, the following shall apply to the flood hazard overlay district: If a nonconforming structure or activity is destroyed or damaged in any manner to the extent that the cost of restoration is equal to or greater than fifty (50) percent of the cost of entire reconstruction, it shall be restored only if such complies with the requirements of this ordinance. Any substantial improvement or expansion of a nonconforming structure or activity shall comply with the requirements of this ordinance. WAIVER, MODIFICATION AND VARIANCE OF REGULATIONS In order to assure continued qualification for the regular program of the National Flood Insurance Program, no waiver, modification or variance of the regulations of section 30.3 shall be granted by any board, commission or officer of Albemarle County until comment has been received from the Federal Insurance Administration. Notice to the Federal Insurance Administration shall be in accordance with section 15.1-431 of the Code. Failure of the Federal Insurance Administration to respond within thirty (30) days of such notice shall be deemed tacit agreement with such request. In addition to the foregoing and section 34.2, the following shall apply: 1. No variance, modification or waiver shall be granted to section 30.3.4. 2. No variance, modification or waiver shall be granted which would result in any increase in flood levels during the occurrence of a one hundred year flood discharge. 3. Variance, modification or waiver shall only be issued upon: (a) a finding of good and sufficient cause; (b) a determination that failure to grant such variance would result in undue hardship to the applicant; and (c) a deter- mination that the granting of such variance would not result in additional threat to public safety, extraordinary public expense, create public nuisance cause fraud or victimization of the public, or conflict with local laws or ordinances. 4. Where such variance would result in the location, construction or substantial improvement of a structure below the one hundred year flood elevation, the zoning administrator shall notify the applicant that such development may result in increased premium rates for flood insurance and that such developme~ may result in increased hazard to life and property. 5. The zoning administrator shall maintain records of all such variance applicat: including such material considered in review and disposition of the same for review Upon request of the Federal Insurance Administration. NATURAL RESOURCE EXTRACTION OVERLAY DISTRICT - NR INTENT This natural resource extraction .overlay district {hereafter referred to as NR) is created to provide for the utilization of the sand,.gravel, stone and other minera deposits within the county in a manner compatible with adjacent land uses. NR districts may be established where deposits of Sand, gravel, stone or other minerals exist; where the uses permitted hereunder are unlikely to create effects adverse to public health, safety, and welfare or to. the value of adjacent propertie and specifically where eXisting roads will not make it necessary to conduct trucking operations through developed residential areas or areas likely to be developed for residents during the course of any extractive use. )ns December 10, 1980 (Regular Day Meeting) 568 30.4.2 30.4.2.1~ 30.4.2.2 3O.4.3 3O.4.4 30.4.5 30.4.6 30.4.7 30.4.7.1 30.4.7~2 PERMITTED USES BY RIGHT Within any NR district,_ uses may ~e permit.ted by r~ght as. ~or and subject to the district regul~ti~ons o£ .thei'undertying zoning dist~ic.t.- In .addition, there shall be permitted by right' ~i~hin any :NR district :t.he ~following uses: 1. Removal of' soil, sand,.'gr.aveI, stone.or other minerals by excavating, stripping, quarrying or other mining ope~at, ions. 2. Operations appurtenant Do natural .resource extraction such as blasting, washing, grading, sorting, st.ockpiling,.grinding and the like; provided that such operati'ons are located on the site. of the appurtenant natural resource extraction. BY SPECIAL USE PERMIT Within any NR district, uses by special use permit shall be permitted as for and subject to the district regulations of the underlying zoning district. In addition, the following shall be permitted by special use permit in any NR district: 1. Concrete batching plants. 2. Asphalt mixing plants. PERMIT REQUIRED Prior to commencing any natural resource extraction activity within any NR district, the operator of such activity shall obtain a permit therefor from the zoning administrator. Such permit shall be issued upon filing with the zoning administrato: of a plan of the proposed natural resource extractive activity, including all data sufficient to ensure compliance with the provisions of this section. The applicant may comply herewith by the filing of a copy of any plan of such proposed operation approved by the Virginia Department of Conservation and Economic Development filed pursuant to section 45.1-182.1 of the Code, together with such additional data as the zoning administrator may require to ensure compliance with this section. In addition, the applicant shall provide evidence satisfactory to the zoning administr~&~ tot that he has complied with the provisions of Chapter 16 of Title 45.1 of the Code. Every such permit issued by the zoning administrator shall be subject to annual review and shall be revoked in the event that any permit issued for any such operation shall expire or otherwise terminate in accordance with the requiremen of Chapter 16 of Title 45.1 of the Code or the regulations of the Virginia Department of Conservation and Economic Development. MINIMUM AREA REQUIREMENT--ESTABLISHMENT OF DISTRICT The minimum area for the establishment of any NR overlay district shall be twenty (20) acres. MAXIMUM PERCENTAGE LOT COVERAGE All operations associated with the extraction of natural resources as well as the provision of parking areas and access roads and driveways shall not occupy more than eighty (80) percent of the total site. YARD AND BUILDING LOCATIONS Minimum yard dimensions and building location requirements shall be as specified in the underlying zoning district regulations except that no natural resource extraction operation, including associated uses, and structures containing any such use shall be located less than one hundred (100) feet from any public road right-of-way or adjoining property within any residential district; except that no such operation, uses or structure shall be located within two hundred (200) feet of any contiguous property subdivided into residential lots of one (1) acre or less not under the ownership or control of the applicant nor within two hundred (200) feet of any occupied dwelling. FENCING Any natural resource extraction operation shall be subject to such fencing require- ments as may be deemed necessary by the zoning administrator for the protection of the public safety. In particular, fencing shall be provided in the cases herein- after described by a substantial fence erected at least sixty (60) feet outside the limits thereof, such fence being at least five (5) feet in height and so designed as effectively to control access thereto from locations ordinarily open to the general public, including, but not limited to, locked gates~at all access points: The top of all open excavations having a depth of ten (10)feet or more, which will create a slope of forty-five (45) degrees or more from the horizontal and which shall remain ~or a period of more than t~enty-four [24) hours; Any collection of water of five (5) feet or more in depth and occupying an area of two hundred (200)square feet or more, which shall remain format least one consec- utive month. 569 December 10, 1980 (Regular Day Meeting) 30.4.8 30.4.9 30.4.10 3o.4.11 30.4.11.1 30.4.11.2 30.4.12 30.4.13 30.4.14 30.4.15 30.5 30.5.1 LATERAL SUPPORT All operations 'shall..be.conduc%.ed ina safe manner, with ire~pect....t~ the'likelihood of hazard to. persons,' phYsicaldamagelto~iadjacent .land or ~mpr.oYements.'and damage to any public roa~ by ~e~son ROADSIDE LANDSCAPING, SCREENING i Existing trees and ground .cover along public .road. frontage shall .be. preserved, maintained and supplemented byseIec~±~e-cutting,-.tr~nsplantipg and addition of new trees, shrubs, and other groUnd cover for the.depth of any roadside setback. The type, design and spacingof such~Planti~gs shall .be approved bY the' zoning administrator, and shall' baso ides!gned as to.lessen the. ¥isual impact of the activity from any adjacent pubIic roa'd and to minimize the noise and dust resulting from such operation. In any case in which roadside planting is not practical, the zoning administrator may permit the substitution of other Screening devices such as fences, berms, walls and the like, which are adequate to accomplish the same purpose. HOURS OF OPERATION Operations involving power equipment of an industrial type shall be limited to the hours of 7:00 a.m. to midnight except in cases of a public emergency as determined by the director of emergency services for the county. Blasting operations shall be restricted to Monday through Friday between 8:00 a.m. and 5:00 p.m. PUBLIC IMPROVEMENTS, INTERNAL ROADS Operations as proposed shall not generate unusual traffic hazards or the need for improvements to public streets or other public facilities at public expense. Ail internal access roads shall be surfaced with bituminous or other dust free surface for a distance of three hundred (300) feet from any public road. TRANSPORTATION OF EXCAVATED MATERIALS Ail vehicles used to transport excavated materials shall be loaded in such manner that the material cannot be unintentionally discharged from the vehicle. Ail such vehicles shall be cleaned of all material not in the load-bed prior to entering onto any public road. COLLECTIONS OF WATER Creation of undrained pockets and stagnant pools of water shall be avoided to the maximum extent reasonably practicable, and all such undrained pockets and stagnant pools resulting from surface drainage shall be sprayed in accordance with require- ments of the Virginia Department of Health to eliminate breeding places for mosquitos and other insects. PERFORMANCE STANDARDS In addition to any other provision of law, the following performance standards shall apply to any use permitted hereby: 1. No blasting shall be permitted except in conjunction with a permit for a stone quarrying operation; 2. Blasting vibration shall be limited to a maximum peak particle velocity of two (2) inches per second as measured in the earth of any of the three (3) mutually perpendicular components of motion as measured at any occupied structure not on the property which is the subject of any such application. In addition, blasting vibrations may be further limited in any case in which the zoning administrator shall determine that, because of the density of population in the surrounding area, the same shall be reasonably necessary to protect the public health, safety and welfare; 3. The peak over-pressure (noise) from any blast shall be limited to 0.03 pounds per square inch (140 decibels) at any occupied structure not on the subject property. OFF-STREET PARKING Off-street parking areas adequate for all employees' vehicles and used in any extractive operation shall be provided. SCENIC AREAS OVERLAY DISTRICT - SA INTENT This scenic areas overlay district (hereafter referred to as SA) is created to conserve elements of the county's scenic beauty as are contained along scenic waterways and scenic highways. Any development undertaken, rezoning request or new use adjacent ~to or within any designated scenic areas overlay district which is subject to review by any officer or emplo.yee of the county shall be reviewed in accordance with the objectives of su. ch designation as pro¥ided by law. December 10, 1980 (Regular Day Meeting) 570 3O ..5.2 30.5.2.1 3o.5.2.2 30.5.3 30.5.4 30.5.4.1 30.5.4.2 3O.5.4.3 30.5.4.4 30.5.5 30.5.5.1 30.5.5.2 APPLICATION SA overlay districts, may .be applied.o.¥er any basic zoning district or other overlay district. SA .o~verlaydis'tr~ctS.~.~sk~ll~-conSist~of'SA-~tr-ea~s 'and SA-Highways. SA-STREAMS SA-stream overlay districts shall .be applied to the following: The entire lengthof the Moo'rmans River from the bottom of the Charlottesville Water Supply Dam at Sugar. HolloW ~ito~ the con'fluence of the Moormans River with the Mechums River. SA-HIGHWAYS SA-highway overlay districts are hereby established along the folTowing highway corridors in Albemarle County for a distance of one hundred fifty (150) feet on each side of the right'of'way: a. U.S. Route 250 from the western corporate limits of the City of Charlottesville to the western Albemarle County border. b. Virginia Route 20 from Interstate Route 64 south to the corporate limits of the Town of Scottsville. c. Virginia Rcute 6 from the corporate limits of the Town of Scottsville westward through several discontinuous portions of Albemarle County. ZONING MAP The zoning administrator shall cause SA overlay districts to be shown on copies of the zoning map. REQUEST FOR DESIGNATION VIRGINIA HIGHWAY COMMISSION DESIGNATION The board of supervisors may, from time to time, request the Virginia Highway Commission to designate any public road in the county as a scenic highway or a Virginia byway in accordance with section 33.1-62 of the Code. BOARD OF SUPERVISORS DESIGNATION In addition, the board of supervisors may designate as an Albemarle County scenic highway any public road in the county which meets state scenic designation standards except with regard to signs. Application shall be made to the Virginia Highway Commission for scenic designation in accordance with section 30.5.4.1 at such time as any Albemarle County scenic highway shall meet all state scenic design standards. PLANNING COMMISSION HEARING Prior to making any such request of the Virginia Highway Commission, or any such designation, the board of supervisors shall refer the matter to the commission for its recommendation. The commission and the board shall hold public hearings on the advisability of making any such request or designation in accordance with section 15.1-431 of the Code. PUBLIC HEARING BY VIRGINIA HIGHWAY COMMISSION The board of supervisors may, from time to time, request that the Virginia Highway Commission hold public hearings in accordance with section 33.1-62 of the Code prior to the designation of any scenic highway or Virginia byway in the county, whether or not such designation be at the request of the board of supervisors. PERMITTED USES BY RIGHT AND SPECIAL PERMIT Within an adopted SA overlay district, uses shall be permitted as for and subject to the district regulations of basic and/or other overlay districts as cited in section 30.5.2, except as hereinafter expressly provided. Within the immediate environs of any stream designated in section 30.5.2.1, no person shall commence any use involving the construction of any structure, the cutting of any living tree over six (~) inches caliper, or the grading or other like physical alterations of the immediate environs of such stream except as follows: a. the cutting or removal of any such tree as may be necessary to prevent the obstruction of such stream, to eliminate a danger to the health, safety and welfare of any citizen of the county; b. fences; maintain existing fords and bridges; the following uses by special use permit only: 1. navigational and drainage aids; 2. flood warning aids and devices; 3. water monitoring devices; 571 December 10, 1980 (Regular Day Meeting) 4. bank .erosion ~tructure~; 5. bo.at e. uses and str~uctures immediately appur, tenant and .neceszary.~to. t.he for'ogoi~g. 30.5.5.3 For purposes of this ~s.e.c~t.~on¥. t.hel iterm "immediate..en¥i. rona" shall include the bed of any such Str.eam and the 'land on eilther s~i~de _there~o.£ to. a distance of fifteen (i5~) feet ~from the ledge of' s. uchlat mean annual ~1o~ ~l.ewel~. 30.5.6 AREA AND BULK REGULATIONS AND OPTIONS FOR BONUS FACTORS Area and bulk regulations and options for bonus factors shall be as for and subject to the district regulations of t.he underlying basic and/or other overlay districts as cited in section' 30.5..2,~except that ~the following limitations shall apply- 30.5.6.1 SA-STREAMS Except as herein otherwise expressly pr.ovided, no buildings or structures other than necessary accessory appurtenant fences and/or walls shall be constructed within sixty-five (65) feet of the edge of any designated stream at mean annual flow level. In addition, within sixty-five (65) feet of the edge of any designated stream at mean annual flow level, there shall be no excessive cutting of any forested area. Any such forested area shall be deemed to have been excessively cut if, as a result of any cutting operation or series or combination of operations, the area of the canopy of such forested area shall be reduced by more than twenty- five (25) percent on any one parcel of land, as determined by reference to aerial photographs of such area provided that any cutting not prohibited by this section shall be done in such a manner as to maintain insofar as possible, a uniform density of trees throughout the entire portion of any land parcel affected hereunder Each such photograph shall be in existence at the time of the adoption of this section and shall be clearly marked by the director of planning as reference material for this section. Area within any such district may be part of a lot and countable for purposes of area, density and yard requirements unless otherwise prohibited within this ordinance. 30.5.6.2 SA-HIGHWAYS 30.5.6.2.1 No buildings or structures other than necessary accessory appurtenant fences and/or walls, except as hereafter provided in the case of certain signs, shall be constructed within any SA-highways overlay district. 30.5.6.2.2 No off-street parking or loading shall be allowed closer than fifty (50) feet to the right-of-way line of a SA-highway which is all or part of off-street parking facilities required or designed to accommodate more than two (2) motor vehicles. 30.5.6.2.3 Area within any such district may be part of a lot and Countable for purposes of area density and yard requirements unless otherwise prohibited by this ordinance. 30.5.6.3 EXCEPTIONS, SA-HIGHWAYS 30.5.6.3.1 For a use where off-street parking facilities are required to accommodate more than two (2) motor vehicles, the commission may reduce building setback to not less than seventy-five (75) feet from the right-of-way of a designated scenic highway, provided that: a. all parking facilities shall be located on the rear side of the structures or buildings for which such exception is sought and that Such parking facilities will be screened from view of such scenic highway; b. the structures or buildings for which such exception is sought would be visually compatible to such scenic highway by reason of~appearance'and/or visual screening; and c. proposals by the applicant are adequate to assure continued protection of the scenic quality. 30.5.7 SIGN REGULATIONS, SA-HIGHWAYS 30.5.7.-1 GENERAL REGULATIONS The location, configuration, design, materials and color.of all signs and structure~ shall be encouraged to be in character with the historical and environmental setting of Albemarle County. No sign shall visually dominate the structure tO which it is attached and shall be architecturally harmonious with t.h~ surrounding structure~.. S~gn materials should be predominantly wood or utilize open lett.ering, and indirect iight'ing shall be encouraged. With the exception of temporary .event,. auction, trespass, political, and six (6) square feet or less sale or rental si'gns,' signs pro.po.sed~.to~.be.erected within five hundred (500). feet of and visible from any scenic hi'ghWay shall be reVieWed as provided in this section.~ December 10, 1980 (Regular Day Meeti_ _ _ ~ ~ 572 30.5.7.2 31.0 31,1 31.1.1 All signs sub~j~ect ~to. r.e~ie~ under, this ~se.'ction-.ahall ~he p.~o.cessed as follows: the appl. icant :skall':su'hmit-.to:...tke zo.ning .administr.ato~ t.~a $2.): copies of sign drawings at ~a sc'alelnot'am'aller, tkan one Ct) inch 'eqUals two. (2.)feet; the zoning administ~ator'.sh~ll.'transmit .o.ne (1) copy to. the director of planning for' r.e~ieW ~i~hin three .(3) calendar days from the date of application for r.eVieW; pr.o~i.ded that nothing herein .shall be. construed to limit referral of any application to. the ic'ommissi'on .when it is .deemed to be in the public interest;. any person aggrieved by any .decision of the director of planning may demand a review of' the' signs by the commission by filing a written request with the planning department~.within ten (i0) days of such decision. The commission may affirm, reverse', or modify, in whole or in part, the planning director's decision. For purposes of this section, the term "person aggrieved" shall include the' applicant, any adjacent landowner, and any public agency or officer thereof; the board of supervisors reserves unto itself the right to review all decisions of the commission which, in its discretion, it shall deem necessary to a proper administration of this section. Notwithstanding provisions of section 30.5.6.2.1, the following types of signs, as further limited in section 30.5.7.2, shall be permitted within fifty (50) feet of the right-of-way of the scenic highway but not within the required front yard as regulated for the underlying district: Auction sign Business wall sign Directional sign Locational sign Political sign Sale or rent sign Subdivision sign Temporary event sign Trespass sign REGULATION OF NUMBER, HEIGHT, AREA, TYPES OF SIGNS T~e following regulations shall be in addition to section 4.15.3 generally and shall be further limitation on regulations contained in sections 4.15.3.6 and 4.15.3.7, specifically: The aggregate sign areas allowed for free-standing business, projecting business, business wall, locational, and directional signs shall be reduced by one-half within SA-highway districts. Free-standing business and projecting business signs shall be limited to ten (10) feet in height above grade, eighteen (18) square feet per single sign face, and to one (1) sign per separate highway frontage. Business wall signs shall be limited to twenty (20) feet in height above grade, thirty-five (35) square feet per single sign face, and to one (1) sign per separate highway frontage. d. Business roof signs shall not be permitted within SA-highway districts. Locational signs shall be limited to ten (10) feet in height above grade, six (6) square feet per single sign face, and two (2) signs per establishment. ARTICLE IV. PROCEDURE ADMINISTRATION, ENFORCEMENT AND INTERPRETATION ENFORCEMENT, ZONING ADMINISTRATOR This ordinance shall be administered and enforced by an officer to be known as the zoning administrator who shall be appointed by the board of supervisors of Albemarl~ County, Virginia. The zoning administrator shall have all necessary authority on behalf of the board of supervisors to administer and enforce the zoning ordinance, including the ordering in writing of the remedying of any condition found in violation of this ordinance, and the bringing of legal action to ensure compliance with this ordinance, including injunction, abatement, or other appropriate action or proceeding. The zoning administrator shall be guided in all of his actions pursuant to this ordinance by the purposes, intent and spirit of this ordinance and the standards set forth in sections 1.4 through 1.6 of this ordinance. The zoning administrator may be assisted in the enforcement of this ordinance by the local office of the Virginia .Department of Health, sheriff and all other officials of Albemarle County-pursuant .to their respective fields. In addition, the' zOning administrator shall maintain the zoning map, and such map shall be kept .current .and shall reflect amendments as soon as practicable after adoption by the board of supervisors. ENFORCEMENT OF BOARD OP ZONING APPEALS DECISIONS It shall be the' duty of the zoning administrator to see that t'he decisions of the board of zoning appeals are complied with. 31.1.2 31.1.3 31.2 31.2.1 31.2.2 31.2.3 31.2.4 31.2.4.1 31.2.4.2 ENFORCEMENT OF MINIMUM REQUIREMENTS In enforci.ng the. minimum .re.qvirements. in diuty&.cta.,.~t.he~..zonipg .ad~inistr.ator .shall notify by' regis.t'erled~ ~ail.'any ,p'e~son'..re'sP'on'aib.l'.e '~or an all'e:ged. ~$ola'ti:on, stating the reason why it is De'li:e~ed that '.a ~iol~t. ion exis't's:in ~act.. INTERPRETATION BY ZONING.ADMINISTRATOR In case of any dispute~ o~er the meaning of a .word., phra.se,, or sentence, whether defined herein or not',-the zoning administrator is hereb~ aut.hOrize~d to make a definitive determination thereof, being guided in such determination by the purposes and intent of this ordinance as set .forth in section 1; provided however, that an appeal may be taken from any such idet_erminati.on as provi.ded in section 34.3. PERMITS PERMITS REQUIRED; CONFORMANCE Buildings or structures shall be started, reconstructed, enlarged or altered only after a building permit has been obtained from the zoning administrator. No building permit 'or certificate', of occupancy shall be issued in violation of zoning or other local ordinances. BUILDING PERMITS The zoning administrator shall review each application for a building permit to ensure that the building or structure proposed is in accordance with the terms of this ordinance. No permit shall be issued for any construction for which a site development plan is required to be approved by the commission in accordance with section 32.0 of this ordinance unless and until such plan shall have been so approved. Thereafter, any item shown on such plan as approved shall be deemed prima facie in accordance with the terms of this ordinance. Each applicant shall provide a copy of the most recent plat of record of the land to be built upon unless no such plat exists, in which case the applicant shall provide a copy of the most recent deed description thereof. Any other information which the zoning administrator may deem necessary for consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this ordinance, a permit shall be issued to the applicant by the zoning administrator. One (1) copy of the drawing shall be returned to the applicant with the permit. CERTIFICATES OF OCCUPANCY It shall be unlawful to use or permit the use of any building or premises, or part thereof, hereafter created, erected, changed, converted, altered, or enlarged, wholly or partly in its use or structure, until a certificate of occupancy shall have been issued therefor by the zoning administrator. Such certificate shall show that such buildin~premises, or part thereof, and the proposed use thereof ~. in conformity with the provisions of this section; provided that where structure are completed and ready for occupancy prior to the completion of all improvements required by the site development plan, and the zoning administrator shall determine that the site may be occupied consistently with the public health, safety and welfare, the owner may provide bond with surety adequate to guarantee the completion by time certain of such site development plan improvements as related to the building for which the permit is sought, and upon the providing of such bond with surety, a permit may be issued for the occupancy of those structures already completed. Improvements deemed directly related to health and safety such as fire hydrants and safe and convenient access to public roads shall not be bonded and occupancy shall not be permitted until such improvements have been installed and are operational. The director of planning is authorized to accept instead of corporate surety, letter of credit, joint savings account or other like security. SPECIAL USE PERMITS RESERVED TO BOARD OF SUPERVISORS The board of supervisors hereby reserves unto itself the right to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by-the board of supervisors that such use will not be of substantial detriment to adjacent property, that the character of the district will not be changed thereby and that such use will be in harmony with the purpose and intent of this ordinance, with the uses permitted by right in the district, with additional regulations provided in section 5.0 of this ordinance, and with the public health, safety, and .general welfare. APPLICATION Application for a special use permit .shall be made by the filing thereof by the owner or contract purchaser of the sub.jlec~ property with the zoning administrator, together with a fee in the amount of fifty dollars ($50.00.)., except in the case of a permit for the location of an individual mobile home which fee shall be twenty dollars ($20.00). to cover the cost of the expenses incident to the processing thereof. No such permit shall be issued unless the board of supervisors shall have referred the application therefor to: the commission for its recommendations. Failure of the commission to report within ninety (90) days after the first meeting of the commission after the application has been referred to the commission shall be deemed a recommendation of approval. No such permit .shall be issued except after notice and hearing as provided by section 15.1-431 of the Code. Also, a notification sign shall be posted by the applicant upon the subject property and adjacent to the nearest state highway at the point of access to the subject propert] for a period of twenty-one (2t) days prior to the first public hearing of the commission. 574 Decemb~ ~0~ ~980 (Regular _Da_~_Mee .... 31.2..4.3 31.2.4.4 31.2.4.5 31.2.5 32.0 32.1 CONDITIONS. The board of su. pervi.s'Qrs may impo.se: upon any :s.uch permit ~mch conditions .relating to~ the ~se'ifor'.w~ch~i~ch permit ils grant.e~ a~ '~t' ~ay ~deem .nece~s'ary in the public interest and may re. qui~e .a bond wi~h Surety ~o~ .other. appr~o~ed se'cnrity~to ensure that the ~conditio~s 'so'impo.sed .sh'~ll be complled with. Such conditions shall relate, to the'purpose's D£~-.this o.rdinance, including, but not limited to, the prevention of' smoke, dust~,~noiSe,i t~af£ic congestion, flood and/or other hazardous, deleterious 'or. other'~ilse' nndesir.abie sub. sltance or condition; the provision of adequate, police and fire pmotlecti.on, transp'ortation, water, .sewerage, drainage, recreation, landscaping and/or' scrleenlng or buffering; the establishment of special requirements reIating to~ the building setbacks, front, side and rear yards, off- street parking, ingress'and egress, hours of operation, outside storage of material duration and intensi'ty of' use', building .height and/or other particular aspects of occupancy or use'. Except as 'the' board of supervisors may otherwise specifically provide in a particular case, any condition imposed under the authority of this section shall be deemed to be. essential to and nonserverable from the issuance of the permit itself, REVOCATION Any permit issued pursuant to. this ordinance may be revoked by the board of supervisors, after notice and hearing pursuant to section 15.1-431 of the Code, for wilful noncompliance with 'this ordinance or any conditions imposed under the authority of this section. In the event that the use, structure or activity for which any such permit is issued shall not be commenced within eighteen (18) months after the issuance of such permit, the same shall be deemed abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this section, the term "commenced" shall be construed to include the commencement of construction of any structure necessary to the use of such permit within two (2) years from the date of the issuance thereof which is thereafter completed within one (1) year; provided that the board of supervisors may, as a condition of approval, impose such alternative time limits as may be reasonable in a particular case. PRIOR SPECIAL USE PERMITS Any use, structure or activity lawfully in existence on the effective date of this ordinance which would be permitted under the provisions of this ordinance relating to the district in which it is located by the issuance of a special use permit, may be continued; provided, however, that such use, structure, or activity shall not be expanded or enlarged beyond the boundaries of the parcel or parcels of land on which it was located on the effective date of this ordinance; and provided further that if any such use, structure or activity shall be discontinued for a period exceeding two (2) years, the same shall conform in all respects to the provisions of this ordinance relating to the district in which it is located. Whenever the boundaries of any district are changed, any use, structure or activity which shall therefore become nonconforming as a result of such change through want of a required special use permit shall be subject to the provisions of this section REVIEW OF PUBLIC USES FOR COMPLIANCE WITH THE COMPREHE.MS!¥E~ PLAN No street, park or other public area, or public structure, or public utility, public building or public service corporation other than railroads, whether public- ly or privately owned, shall be constructed, established or authorized, unless and until the general location or approximate location, character, and extent thereof has been submitted to and approved by the commission as being substantially in accord with the adopted comprehensive plan or part thereof. In connection with any such determination, the commission may establish such conditions of approval as deemed necessary to insure compliance with the comprehensive plan. Widening, narrowing, extension, enlargement, vacation or change of use of streets or public areas shall likewise be submitted for approval, but paving, repair, reconstruction, improvement, drainage or similar work and normal service extensions of public utilities or public service corporations shall not require approval unless involving a change in location or extent-of a street or public area. The foregoing notwithstanding, the provisions of section 15.1-456 of the Code shall apply to any such review. SITE DEVELOPMENT PLAN INTENT There is a mutual responsibility between Albemarle County and the developer to develop land in an orderly manner. The purpose of this section is to encourage innovative and creative design and facilitate use of the most .advantageous techniques and highest standards in the development of land in Albemarle County; and to ensure that land be used in a manner which is efficient, harmonious with neighboring property and in accordance with the adopted comprehensive plan for Albemarle County and with the provisions of this ordinance. 575 December 10- 1~80_ Re-ular D? M: ~_i 32.2 32.2.1 32.2.2 32.2.3 32.2.4 32.3 32.3.1 APPLICATION A site. development plan .shall.he .submitted.for any. const.r~ct~on, use',_ change in use' or other, de.~elopment .in all: zoning distr.2¢t~s:;' p.r.o~ided .that no S.mch plan shall be required for' the ifol'lowing: The constr:uct'ion or_change 'in .o. ccupancy of any single-family detached dwelling unit ~hi'ch 'is 1.oca'te:d mpon a 'tractor parcel whereon are 1.ocate.d or proposed to be locate:d an aggregate: of' two (2.) or Fed.er such units'.. The location of' a t~a-'family dwelling on any lot .or parcel.not .occupied by any other dwellings. c. Any accessory strncture to a single-family or two-family dwelling. d. Any agricultural actiFity except as otherwise pr.ovided in section 5.0. Any change in or expansion of a use except where the sale of gasoline is involved; provided that: (1) such change or expansion does not occasion additional parking under the requirements of this ordinance; (2) no additional ingress/egress or change in ingress/egress is recommended by Virginia Depart- ment of Highways and Transportation based on intensification of use; (3) no additional ingress/egress or alteration of existing ingress/,gE, ss:is proposed. The foregoing notwithstanding, the commission may waive the requirement of a site development plan in a particular case upon a finding that the requirement of such plan would not forward the purposes of this ordinance or otherwise serve the public interest; provided that no such waiver shall be made until the commission has considered the recommendation of the director of planning. The director may recommend approval, approval with conditions, or denial of such waiver. In the case of conditional approval, the director in his recommendation shall state the relationship of the recommended condition to the provisions of this section. No condition shall be imposed which could not be imposed through the application of the regulations of section 32.0. In the case of any construction, use, change of use or other development required to be reviewed by the commission under section 15.1-456 of the Code, the pro- visions of this ordinance shall be deemed supplementary to the said section and shall be construed in accordance therewith. Compliance with the provisions of this section shall in no event be construed to relieve the applicant of the duty of compliance with all other provisions of the law applicable to the development in question. PREPARATION OF SITE DEVELOPMENT PLAN An informal meeting and discussion between the applicant and the county planning staff shall be held prior to the submission of a site development plan. The applicant shall present a preliminary schematic master plan showing: boundary lines of subject property; existing land conditions and existing topography at a maximum of ten (10) foot contour intervals; general lay-out design of what is proposed on a scale of not smaller than one (1) inch equals one hundred (100) feet; d. building setback lines; and e. zoning of subject property and adjacent parcels. This is not to be considered binding by the county or the owner of the property, but serves simply as a guide toward future development as each section of develop- ment is submitted for final approval. In the case of any development proposed to be located within the watershed of any public water supply impoundment, the applicant shall submit a preliminary site development plan in accordance with this section prior to the submission of a final site development plan to ensure that the proposed development will be feasibl in light of all applicable law. Any recommendations or comments during review of any preliminary site development plan shall not be considered binding by the county or the applicant. Except as the director of planning may otherwise specify in a particular case, the applicant shall submit four (4) copies of the preliminary site development plan showing: a. general information including the name and address of the property owner; the name of the individual who prepared the plan; the date of the drawing; north point; scale (not smaller than one (1) inch equals one hundred (100.) feet); tax map and parcel number of the property.; vicinity map at ~a scale of one (1) inch equals two (2)miles; b. existing conditions including boundary lines of property and departing lot lines of adjoining parcels; zoning of subject property and adjacent parcels; building and setback lines; street names and state route numbers; topography at a maximum of ten (i0) foot contour intervals; natural drainage channels and easements, watercourses or bodies including name and location; one hundred year flood plain limits; existing wooded areas and areas of vege- tative cover; 5 78 Dece~ _ _ _ _ _ ~ ~mbe_r 1~0, 198. 0~ (Regular Davy Meeting_. 32.3.2 32.3.3 32.3.4 32.3.5 32.3.6 c. general lay-out.of what .is pro. po.sled ~.ncl.uding location of ~t.rnctures; summary of to~tal numh'e'~.O~ dwelling units: bY .type and area.;.groZ~s and net residential area. s;i ~loor area. of.'.co~&.r.c~al 'and lndustrial.'usesand .numbe~ of employees; off-str:eet parking and ~lo:a'ding areas;~p, ropo. sled str:e.et.s., access easements and ais.l'es; lo'c'ation"ofactl~e 'and pass.i~e. ~ec~e. ation sp:aces.,: commonly-owned open sp:ace,'parkS, ~s~c.h'ools','or' o.ther public uses, .if applic.ahle; areas to be clearedof ve.geti~ti~e, c.o.ver';..general 'limits~ of grading; proposed water and sewerage faci'liti:es;: conceptual sc:heme of. draina.ge facilities; acreage in impervious ~lot':c.o.verage. Notice of a site development plan submission shall be sent by registered or certifie~ mail to the' last known, address.' of all owners of property: adjacent .to the development In any case in wh'i'ch 'the property, so 'adjacent is owned by the applicant, notice shall be given to the owners of the next .adjoining property not owned by the applicant. Mailing to the address shown on the current real estate tax assessment books of Albemarle County. shall .be deemed adequate compliance with this requirement. No site development plan shall be approved within ten (10) calendar days of the date of the mailing of such notice. The notice shall state the type of use proposed specific location of development, appropriate county office where the site develop- ment plan may be viewed, and date of site development plan review meeting. Site development plans shall be prepared to the scale of one (1) inch equals forty (40) feet or larger; no sheet shall exceed forty-two (42) inches in size. The site development plan may be prepared on one (1) or more sheets. If prepared on more than one (1) sheet, match lines shall clearly indicate where the several sheets join. Twelve (12) clearly legible blue or black line copies of a site development plan shall be filed with the Albemarle County planning department. Additional copies may be required if revisions are necessary. Topography shall be accurately shown with a maximum of two (2) foot contour intervals up to a twenty (20) percent slope; provided that in the case of slopes exceeding twenty (20) percent, contour intervals may be no more than five (5) feet. Proposed finished grading shall be shown by contour supplemented where necessary by spot elevation. 32.4 32.4.1 32.4.2 32.4.3 32.4.4 32.4.5 32.4.6 32.4.7 32.4.8 32.4.9 32.4.10 32.4.11 32.4.12 32.4.13 32.4.14 SPECIFIC ITEMS TO BE SHOWN Every site development plan shall contain the following information: Location of tract or parcel by vicinity map at a scale of not less than one (1) inch equals two (2) miles and landmarks sufficient to properly identify the location of the property. Closure error for boundary surveys shall conform to standards specified by the Virginia Association of Surveyors and the American Congress on Surveying and Mapping; provided, however, that in no case shall closure error~be less than the ratio of one (1) in five thousand (5,000). Plans shall indicate whether meridian referred to is magnetic or true north. All horizontal distances shall be shown in feet and decimals of a foot to the nearest one-hundredth of a foot. The name and address of the owner and developer, magisterial district, county, state, north point, date, and scale of drawing and number of sheets. In addition, there shall be reserved a blank space four (4) inches by four (4) inches in size on the plan face for the use of the approving authority. Location of existing wooded areas and an indication of which such areas or parts thereof are to be cleared. Existing and proposed streets and access easements, their names, state route numbers and right-of-way width. Right-of-way lines, widths, proposed right-of-way lines, centerlines and width of surface pavement or distance between curb faces in relation to centerline. When proposed streets intersect with or adjoin existing streets or travelways, both edges of existing pavement, surface or curb and gutter must be indicated for a minimum of one hundred (100) feet or the length of connection, whichever is the greater distance. Centerline curve data, including delta, radius, arc, chord and tangent. Radius of all curb returns to face of curb ~and on streets where curb and gutter are not required, radius to edge of bituminous treatment. The edge of proposed street surface or the face of curb as the case may be for full length of streets.. Typical street sections to be used on the site development plan. Symmetrical transition of pavement at intersection with existing street. Connection to proposed Virginia Department of Highways and Transportation construc- tion when necessary. Existing and proposed utility easements of all types, easements and rights-of-way of all utilities shall be clearly defined for the purpose intended, and whether they are to be publicly or privately maintained. 577 Decembe~3_8_0~~.~_y~~ 32.4.15 32.4.16 32.4.17 32.4.18 32.4.19 32.4.2O 32.4.21 32.4.22 32.4.23 32.4.24 32.4.25 32.4.26 32.4.27 32.4.28 32.4.29 32.4.30 32.4.31 32.4.32 32.4.33 32.4.34 32.4.35 32.5 32.5.1 Existing and pro.po.sed water, and sanitary :sew.er: facilit.ie~, indicating all pipe sizes, types 'and grades, and .~he~e.'connec't.ion i5 .'to. he made .to_ an',ex~sting or a proposed central ~ate~and .ae.W. er sy'St:e~. Profiles to. be' submitt:e:d for' all sanitary and storm .se~er.s, streets, and cross sections shOWing clearance(iS.) where ntllity, lines-cross one another shall .be submitt:e:d on' standard profile All water mains, sizes, valves,' fire hydrant .locations. All sanitary and storm se~er.s and appurtenances, identifYing appurtenances by type and number; the' sta:tion on the plan .to.con'form .to.. the .2tat. i.on shOwn, on the' profile. Indicate the t~p and i.nvert.:e, lle'~at.i:on o~ each .structure... The name and location of all ~a~rcour. ses and other bodies of water lying upon or running through 'the' subject property. Existing and proposed drainage easements and the direction of drainage flows in streets, storm sewer, valley gutters, streams and subdralnage. The contributing drainage area in acres (statistically), showing all culverts, pipe curb inlets and other entrances exclusive of driveway pipes. The location of all springs either within or draining to street rights-of-way and proposed methods of drainage. The location of all streams or drainage ways related to the street construction as proposed by the developer and proposed drainage ditches or stream location. Easements shall not be considered part of the street right-of-way. Detail t.o be furnished of typical drainage section and type of stabilization to be provided. Type of stabilization to be approved by the board of supervisors or its agent and the county engineer. Type or class of concrete or treated metal drainage pipe to be installed and paved road side ditches as required. Established flood plain limits, if available, and in no case shall the flood plain limit shown be less than the one hundred year flood plain limit. Flood plain limit studies required shall be shown, when available, on all profile sheets with reference to properties affected and centerlines of streams. Location, type and size of ingress and egress to site. Proper driveway entrance type, computed culvert size and/or Virginia Department of Highways and Transportation design designation. Ail off-street parking ~nd parking bays, loading spaces, and walkways indicating type of surfacing, size, angle of stalls, width of aisles and a specific schedule showing the number of parking spaces provided and the number required in accordance with section 4.12 of this ordinance. Required setback lines, departing lot lines, lot numbers, subdivision limits, limits of construction and building location. Number of floors, floor area, height and location of each building, and proposed general use for each structure. In the case of multi-family residential structures. townhouses, and patio houses, the number, size and type of dwelling units, density, acreage, building and lot coverage data shall be shown. Owners,. zoning and present use of adjacent tracts. Location, type, .size and height of all fencing, screening, and retaining walls where required under the provisions of all applicable ordinances. A landscape and open space design plan, based upon accepted professional design lay-outs and principals. The plans shall include outdoor lighting proposals; recreational areas and open space; location and type of plantings; location, type, size, height and illumination of signs; and location and screening materials for outdoor trash collection areas and large receptacles. A minimum of one (I) datum reference for elevations used on plats and profiles and correlated, where practical, to U. S. Geological Survey data. Any notes which may be necessary to explain the intent and purpose of specific items on the plan or profile. MINIMUM STANDARDS AND IMPROVEMENTS REQUIRED All improvements required by this section shall be insta.t.led at .the cost of the developer, except where cost sharing or reimbursement .agr. eements .between Albemarle County and the developer are appropriate, the same to. be recognized by formal written agreement prior to site development plan approval. 578 32.5.2 32.5.3 32.5.4 32.5.5 32.5.6 32.5.7 32.5.8 32.5.8.1 32.5.9 32.5.10 32.5.11 Prior to~'t.he..final approYal 'of any ai:te, lde¥.elop~ent ~plan,..t.her.e ~hall .be. executed hy the own.es, or. ~d.e¥1elop~r. an ~gr,e'eme.nt. :.to..'con'~t:r~uct all p.hy~i'cal ~a~p.r.o.vements required', by or' purauant ~o: thi's :s'.ec't.'i:on..w~llCh are to. he ,dedic. at.e.d to. public use, to.get.her ~i~h a bond wi~h Surety..ap'pr.o.~'ed by t.ha ~o:.~rd, of super¥~.sors, or its agent,, in an amount :su'f£ic.I'e. nt.to[.c.o~'er, the' e.s't~lmated costs, of auch 'improvements. in determining thelest~imat-e~ .co.st's:.ief'the'lmproyemen.ts ;to..be' bonded, the owner or developer shall'sUbmit .an es't~imate:'of au:ch costs-~hi'ch shall be r. evie~ed and approved by the county engine'er. The agr. eement and bond shall provide for and be conditioned upon cOmpletli'on' of. all work wilth~n a time specified by the agent. The completion of all other 'impr.o~eme. nts:. requi.r, ed .by or pursuant to this section shall be certified and/or' bon'ded as prov'ided in section 31.2..3 of this ordinance. Condominium and common wall house projects, of all types shall indicate on the site development 'plan thoae areas re.se:fly, ed for rental purposes and those areas reserved for sale purpose's. Where the comprehenai.ve plan indicates a proposed right-of-way greater than that existing on the' bou'ndaries of a site development plan, such additional right-of-way shall be reserved for public use' when the plan is approved by the requirement of additional setback in keeping with the comprehensive plan. Where a site development plan is presented on public str.eets of less than fifty (50)feet in width, additiona; right-of-way shall be at least fifty (50) feet in width; provided however, that in any case in which it shall be determined by the commission that a right-of-way in excess of fifty (50) feet will be necessary to serve the traffic which may reasonabl be expected to be generated by such development, such greater width of right-of- way may be required by the commission. In the case of any street to be dedicated to public use, except as otherwise provided by law, all street and highway construction standards and geometric design standards shall be in accordance with standards of the Virginia Department of Highways and Transportation. For access roads, not to be dedicated to public use and not to be accepted into the state highway system, the design and constructio shall be approved by the county engineer. The county engineer shall approve the construction standards of all other paved areas. The board of supervisors, or its agent, may modify street geometric design standards for local, collector, and minor loop streets, or private roads provided that: a. off-street parking spaces sufficient to compensate for the loss of on-street parking due to the modification of geometric design standards; and b. approval for modification is obtained from the Virginia Department of Highways and Transportation where applicable. The pavement of vehicular travel lanes or driveways designed to permit vehicular travel on the site and to and from adjacent property and parking areas shall be not less than twenty (20) feet in width. On any site bordering a primary, arterial, or interstate highway, or adjacent to an existing service road in the state highway system, the developer, in lieu of providing travel lanes or driveways that provide vehicular access to and from adjacent parking areas and adjacent property, may dedicate where necessary, and construct a service road in accordance with existing standards of the Virginia Department of Highways and Transportation for such roads. In no such event shall the setback requirement be greater if the service road is dedicated than the setback required without dedication, except that in no event shall a building be constructed closer than twenty (20) feet from the nearest right-of-way line. Upon satisfactory completion, inspection and application by the developer, the county shall take the necessary procedural steps to have such service road accepted by the Virginia Department of Highways and Transportation for maintenance. The commission shall consider whether existing public roads that will serve the proposed development are adequate to accommodate the increase in traffic which may reasonably be expected to result therefrom. In the event that, in the opinion of the commission, such roads will be inadequate therefor, the commission may require that such roads be improved so as to accommodate such resulting traffic as a condition precedent to approval of such plan. No cul-de-sac street shall be shorter than two hundred (200) feet in overall length including the turn-around or one hundred (!00) feet in overall length exclusive of the turn-around. Ail turn-arounds shall have a turning radius of at least fifty (50) feet. In the case of any such street which is not part of the state highway system, at least one sign of a type approved by the county engineer shall be posted giving notice that such street is not a through street. Parking areas design and construction shall be approved by the county engineer in accordance with sound engineering practices. Ail parking areas shall'be so designe( that no vehicle when parked thereon shall overhang property lines, sidewalks or moving travel lanes, public or private. Where geometric design standards are modified under section 32..5.6 hereof, the developer shall be responsibl'e for the placing of "no parking" signs on all travel lanes, driveways, or st~eeta to prohibit .parking on such roads or driveways. Where cul-de-sac turn-arounds are utilized under this modification, if the right- of-way radius is fifty. (5.0) f.eet and the paved radius is forty. (40) feet, the developer shall install "no parking" signs for the complete circle on both sides. If the right-of-way radius is increased to sixty (60) feet and the paved radius is increased to fifty (50) f. eet, parking on the turn-around may be permitted. 579 December 10, 1980 (Regular Day Meeting) 32.5.12 32.5.13 32.5.14 32.5.~15 32.5.16 32.5.17 Adequate easements. :shall~ :he. prQ¥i.ded ~gQ~. drain.age ~nd ~11. utiliti.e~.. Minimum width of easemen.ts~ :shall: :be~ ite'n,.' ~,iO')~ :~.e. et_;: 'pr.o~ided .that,. in..t.ke..ca.~e' o~' all utilities to: be [dedic. at.ed...to_ p.ub.li'c nse~ J.f~r.' ope~,.at.i.Qn b~..g.ny. ,pu.hTlc. an.tit,,, the minimum width 'of sa'ch 'eaSement..shall' in .no. ~e.ve.nt he ~le'~.s: than the ~inim~ wi'dth required by such 'enti~ty_. ~ke[r'.e. ~nlt'ip. le _struc.t~es 'or pipes. '~e installed, the edge of the e~sement .shall: :be no less. than fi.ye. ~[.5.) .f.e. et..c.leam of~ the ou'tside_ pipes. ~ere 'e~s'ements. 'do not follow thel 'eSt:abl'is.hed lot lines', the nearest edge of any easement shall ~he a minimum of' ten (i0)...f. eet~ from any .buildintg. Provisions shall :be' made for' the dis.position of sur£ace water run-cfr from the site, including, such on'si~e land off-site draina.ge~ gaciliti.es as the commission, upon the recommendation of the county engineer, may deem adequate. Except as the commission may otherwise require lin a particular case, or as expressly provided herein, such facili'tieS shall, be so--ideSigned and installed that .the rate of surface water run-off from the site, due to a rainfall of a ten-year return period intensity as shown on the frequency analysis curve for Charlottesville, Virginia, shall be no greater after the proposed development than before; provided, that the same may be accomplished without unreasonable adverse impact .on the environment of the site· The second sentence of this subsection shall apply only within the geographic limits as hereinafter described: the drainage basins of Moores Creek, Meadow Creek, Powell Creek, Redbud Creek, Town Branch and those unnamed branches, whether perennial or intermittent, which flow directly into the Rivanna River from either side, beginning at the crossing of U. S. Route 29 over the South Fork of the Rivanna River, thence with the South Fork to its confluence with the North Fork of the Rivanna and thence downstream with the Rivanna River to its confluence with Moores Creek; all as shown on maps published by the United States Geological Survey entitled, "Charlottesville East, Virginia," "Charlottesville West, Virginia," "Earlysville, Virginia," "Simeon, Virginia," and "Alberene, Virginia." Within the geographic area hereinabove described, the second sentence of this subsection shall not apply to the following: 'lands which are designated as lying within the flood plain of any stream in accordance with section 30.3 of this ordinance; the development of any lot or parcel which results in a total impervious surface coverage of not greater than twenty thousand (20,000) square feet; any development, the final site development plan and/or subdivision plat of which has been approved by the commission prior to the adoption of this section, as amended; and de in any case where the developer shall demonstrate to the reasonable satisfactio of the county engineer and the commission that off-site improvements or other provisions for the disposition of surface water run-off would equally or better serve the public interest and safety, and that such method of dispositio would not adversely affect downstream properties. In addition, provisions shall be made for the minimization of pollution of all downstream watercourses due to surface water run-off. Ail provisions for soil erosion and sedimentation control shall comply with the provisions of the Albemarle County Soil Erosion and Sedimentation Control Ordinance Adequate provision shall be made by the developer for all utilities, both on-Site and off-site. Design requirements shall be established by the developer in conference with the board of supervisors or its agent. Percolation test and/or other methods of soil evaluation deemed necessary by the local office of the Virginia Department of Health shall be the responsibility of the developer. When central water and/or sewer systems having sufficient capacity either exist or are proposed within a reasonable distance of the area of the site development plan, provisions shall be made to connect to the system. Ail public facilities, utility and drainage easements outside the right-of-way of public streets or access ways are to be shown on the final site development plan. Utility installation to be installed in public streets and rights-of-way shall be coordinated with street construction plans and profiles approved by the Virginia Department of Highways and Transportation resident engineer for Albemarle County and the board of supervisors or its agent. Site development plans may include Provision for the reservation and/or dedication of suitable areas for parks, schools, open space and other public or private recreational use, recognized proposals for the same in the adopted comprehensive plan for Albemarle County. The developer shall confer with the board of supervisor or its agent and/or other appropriate public officials of the county to ascertain if, and when, and in what manner such areas should be reserved for acquisition by the county. Nothing in this provision shall be construed to preclude the dedicatiol of any property for public use which is not included in the comprehensive plan, provided such property is 'acceptable to the county for dedication and maintenance. The board of supervisors may require, ~as a condition precedent to approval of the development, that the developer allocate space necessary for public purposes, to the extent that the same shall be.reasonably .necessitated by the particular develop ment. Where the particular development contributes in part,, along with other development or developments_ in the area, to. the need for such facilities, the developer may be required .to. contribute, lands, on a pro-rata basis, for such facilities as are ireasonably att~ibUtab!e to the particular development. The board of supervisors may further.require, as 'a condition precedent to approval of the development,~ that the deVel'operl install and dedicate to. public use such sewer, water and other utility lineS'and other facilities in connection therewith as may be reasonably necessary to. serve the eventual inhabitants of the' proposed develop- ment. Ail such facilities shall conform to the specifications of the Albemarle County Service Authority. 580 __ D~e~m~~_~j~980__~ Meet ina0_ 32..5.18 32.5.19 32.5.20 32.5.21 32.5. ,22 32.5.23 32.5.24 32.6 32.6.1 32.6.2 32.6.3 32.6.4 In areas .wher.e p.uhl%c~ wat'e'~.., is.~ de'e~ed .reg. sonably :aYail.able hy .the .commission,. fire hYdrants~ and dlstr~h~t.i~on .~y's,t~e~is ~h~ll~ he pr:o¥i.ded hy .t.hel .de.¥alOper. Hydrant locations and fire ;.Fto~ re.q=imements :shall~ :be as pre. sc~.ihe]d hY Insurance Service Offices '(ISO') st'amdards 'and sn'b.Jle.'cb.' :.to:. approval .of' .thel Albemarle C. onnty, fire official.' AcceSs ways .'forJ emer[ge~cY.:~ehicles'. :shall be pr.o~i.ded as specified by the fire 'official. In areas ~helr. e 'pubI.ic. water is not reasonabiy available, the fire offici'al', may re.qu!me S.u:ch 'alte'~nati:ve pr.o¥is, ions 'as :d.eeyaed .reasonably necessary to provide adeqUate', 'fire Pro.t'iec't'ion. Provision shall be made .for si~deWa'lks and .pe.destrian walkways which will enable pedestrians to: Walk safely and colnveniently between buildings on the site and from the site. to adjacent property, when feasible, pedestrian underpasses or overpasses are to. be encouraged in conjunction with major, yehicular routes. Provision shall be made where appropriate~ for pedestrian walkways in relation to private and public areas of recreation and open space, e.g., schools, parks,.gardens, and areas of similar nature. Connection shall be made wherever possible of all walkways and bicycle ways with similar facilities on adjacent developments. Ail sidewalks and curbs and gutters propose'd to be accepted for maintenance by the Virginia Department of HighwaYs and Transportation shall be built in accordance with the construction standards of the Virginia Department of Highways and Transportation and shall conform to the provisions of section 15.1-381 of the Code. Ail other sidewalks and walkways shall conform to section 15.1-381 of the Code, and shall be of material, specifications, and design approved by the county engineer. Sidewalks and pedestrian walkways may be required on one or both sides of streets to the reasonable satisfaction of the commission in residential subdivisions of a proposed density of two (2) or more dwelling units per acre and in commercial and industrial developments whenever the commission shall determine that the same are reasonably necessary to protect the public health, safety and welfare and that the need therefor is substantially generated by the proposed development. Landscape planting, screening, fences, walks, curbs, gutters, and other physical improvements as required by or under any county ordinance or the regulations of the Virginia Department of Highways and Transportation or where the same shall be reasonably necessary to preserve the existing character of the neighborhood shall be provided by the developer. One (1) set of approved plans, profiles and specifications shall be at the site at all times when work is being performed. Upon the' completion of all required water, sewer and gas lines shown on the approve~ site development plan, the developer shall submit to the agent for the board of supervisors three (3) copies of the completed as-built site development plan or location plat for all water, sewer, gas lines and easements certified by an enginee: or surveyor. The "as-built" utility plan shall be submitted at least one (1) week prior to the anticipated occupancy of any building or block of buildings for the review and approval by the agent of the board of supervisors for conformity with the approved site development plan and the ordinances and regulations of Albemarle County and state agencies. The approval of a site development plan or the installation of the improvements as required by this section shall not obligate the county to accept improvements for maintenance, repair or operation. Acceptance shall be subject to county and/or state regulations, where applicable, concerning the acceptance of each type of improvement. Nothing herein shall require the approval of any development, use or plan, or any feature thereof, which shall be found by the commission, the board of supervisors or its agent, to constitute a danger to the public health, safety, or general welfare, or which shall be determined by such commission, board of supervisors or agent, to be departure from or violation of sound engineering design or standards. ADMINISTRATION The director of planning of Albemarle County is hereby designated the agent of the board of supervisors of Albemarle County for purposes of the administration of this section. The agent of the board of supervisors shall be responsible for the receipt and processing and of site development plan applications subject to the procedures as hereinafter provided. Approval of site development plan pursuant to this section shall expire eighteen (18) months after the date of approval unless actual construction shall have commenced and is thereafter pro.secured in good faith. Ail county and state officers and employees responsible for the supervision and enforcement of this section shall have the right to enter upon the property at all reasonable times during the.period of construction for the purpose of making periodic inspections, for compliance with this secti.on. It shall be the responsi- bility of the develop'er to: notify the zOning, administr.ator when each stage of the development shall be ready for inspecti.on for compliance with the approved site development plan in accordance with Schedules and regulations promulgated by the zoning administrator' and as appr.o.ved by the board of supervisors. 581 ",'? 32.6.5 32.6.6 32.6.7 32.7 32.7.1 32.7.2 32.7.3 32.7.4 32.7.5 32.7.6 32.7.7 December 10, 1_98~0 NO change, .revision or eraaure, lsh¢ll:_ ha ~ade..on any pend~Fg Or, gi.nal site de.yel.op~ent plan nor on any ac.c'omPanying'data skele~:~ke~e ~pp~.oyat.'haa been endorsed on.the plat or sheet unlessautko'rizati:on for sucklcha~ge :ii5: granted in.~iting. ~¥ .the board of sup.e~isor's ~r'.its agent.. Any site. ~.evel'opment plan ~a~ ~he_'nevised, provided that reqUest'for'smch m.e¥isiQn .shall be.'.filed and p. roce~sed in the same manner as the or'iginal site: development plgn. The foregoing notwithstanding, the di.~ecto'r' of planning may appr.ove administratively without submission' t~ the site re~iew committee or the' commission, minor changes to approved site'development plans in-any case .in ~hich he shall determine that the site development plan, as-amended, is 'in compliance ~i.th t.he.terms of all applicable law; is-sub, st'amtially in compliance ~ith the approved site development plan as approved by the commission, .together with ali conditions imposed by the commission thereof; and will have .no additional adverse impact .on adjacent propertie: or public facilities. a. The developer shall pay to the county, a fee for the examination and approval or disapproval of site de~el'opment plans submitted pursuant to'this section, such fees to be paid on'e~half at the time of filing of the plan and the remainder prior to final approval. Such fees shall be calculated as follows: 1. less than five (5) acres -- $50.00. 2. five (5) - ten (10) acres -- $75.00.. 3. more than ten (10) acres-- $100..00. plus $1.00 for each acre in excess of ten (10)acres. b. In addition, for site development plan field inspections as the site is developed, the developer shall pay to the county a fee as prescribed by the fee schedule of the building inspections department. c. Ail fees shall be paid prior to the issuance of any certificate of occupancy. The agent of the board of supervisors may from time to time establish such reasonabl administrative procedures as shall be necessary for the proper administration of this section. PROCEDURE Applications for site development plan approval shall be submitted to the Albemarle County planning department. There is hereby created a site plan review committee composed of a representative of the Albemarle County planning department, the Albemarle County engineer's office, the Albemarle County Service Authority, the Albemarle County fire official, the Virginia Department of Health, the Virginia Department of Highways and Transpor- tation, and the United States Department of Agriculture Soil Conservation Service. In addition, two members of the Albemarle County Planning Commission, to be designated by the chairman thereof, shall serve as ex-officio members of this committee. The committee shall have the power to make rules for the regulation of its business, subject to the approval of the commission. The Albemarle County planning department shall transmit aZ1 applications for site development plan approval to the committee for its review. The committee shall review all such applications for technical compliance with the provisions hereof. Upon completion of its review, the committee shall make recommendations to the agent of the board of supervisors. The agent of the board of supervisors shall, within thirty (30) days of receipt of the committee's recommendation transmit the same, along with his comments and recommendations, to the commission for action. The commission shall approve or disapprove the application within sixty (60) calendar da'ys from the date of the application. In so doing, the commission shall give due consideration to the recommendations of the site plan review committee and the agent of the board of supervisors. In addition, it may consider such other evidence as it deems necessary for a proper review of the application. Any person aggrieved by any decision of the commission in the administration of this section may demand a review of the application by the Albemarle County Board of Supervisors. Such demand shall be made by filing a request therefor in writing with the Albemarle County planning department within ten (10) calendar days of the date of such decision. The board of supervisors may affirm, reverse, or modify, in whole or in part, the decision of the commission. In so doing, the board of supervisors shall give due consideration to t:he recommendations of the site plan review committee and the commission. .In addition, it may consider such other evidence as it deems necessary for a proper review oF the application. For purpose of this section, the' term "person aggri.eyed." shall be limited to the applicant, persons required to. be noti.fi, ed pursuant .to s.ection 32.3.2 and any interested governmental agency or of£icer the'~eo:f. The board of supervisors reset.yes unto. its'e'lf the right to review all decisions of the commission made in the administration of this section which, in its discretion it shall deem necessary to. the proper administration hereof. December 10, 1980 (Regular Day Meeting) 582 33.0 33.1 33.2 33.2.1 33.2.2 33.2.3 33.3 33.3.1 33.3.2 33.3.3 33.4 AMENDMENTS The board of supe.rvi.sors~ may :amend', supp.l:ement,...o~ .change .the' ~egulations in the zoning ordinance, o~ .the.zoning .bo'~mda~ieS 'on cl~s~i'Cic.at, ion~ ~£ pr.operty on the zoning map, in conformity ~iDh.lthe pmovisiona oC TiD.le !5.i, Article 8, Chapter ll of the Code of Virginia (I..950)., as 'amended, and the' provisions 'and purposes of this section. STATEMENT OF PURPOSE AND INTENT The board of supervisors finds 'that a .portion of the police po~er of the Commonwealth has been delegated to: each County ~to: be exercised reasonably in determining the manner of its' development.. The Virginia Legislature has .left much discretion to the county in making such-determinations, relying on the local governing body's knowledge of local conditions and the needs of its individual communities. Public necessity, health, safety, co.nvenience,.general welfare, good zoning practice and the aesthetic values and priorities of the local citizenry provide guiding factors for the board of supervisors in its quest to exercise its legislative mandate in formulating a reasonable policy of county planning for the general good and welfare. INITIATION OF AMENDMENTS The board of supervisors may amend this ordinance by amending the text thereof, or by changing any district boundary shown on the adopted zoning map, provided that proceedings for any amendment shall be initiated only in the following manner. PROPERTY OWNER PETITION By the filing with the board of supervisors of a petition of any owner or owners of land proposed to be rezoned, which petition shall be addressed to the board and shall be on a standard form and accompanied by a Fee in accordance with the following schedule: a. for rezoning of less than five (5) acres - $50.00. b. for rezoning of five (5) to ten (10) acres - $75.00. for rezoning of more than ten (10) acres - $100.00 plus $1.00 per acre for each acre in excess of ten (10). By motion of the commission. By motion of the board of supervisors. PROFFER OF CONDITIONS Prior to any public hearing before the board of supervisors, any applicant for rezoning may voluntarily proffer, in writing, reasonable conditions to be applied to such rezoning as part thereof. Such conditions shall comply with the provisions of section 15.1-491.2 of the Code; provided that the proffering thereof by the applicant shall be deemed prima facie evidence of such compliance. EFFECT OF CONDITIONS Upon the approval of any such rezoning, all conditions so proffered and accepted by the board of supervisors shall be deemed a part thereof and nonseverable therefrom and shall remain in force until amended or varied by the board of supervisors in accordance with section 15.1-491.6 of the Code. All such conditions shall be in addition to the regulations provided for the district by the ordinance. ZONING MAP NOTATION Each such rezoning shall be designated on the zoning map by an appropriate symbol designed by the zoning administrator. In addition, the zoning administrator shall keep and maintain the conditional zoning index which shall provide ready access to the ordinance creating such conditions. AUTHORITY OF ZONING ADMINISTRATOR The zoning administrator shall be vested with all necessary authority on behalf of the board of supervisors of the county to administer and enforce conditions attached to a rezoning including the ordering in writing of the remedy of any~ noncompliance with such conditions and the bringing of legal action for injunction, abatement or other appropriate action or proceeding. PUBLIC HEARING - NOTICE The commission shall hold a public hearing on any such petition or resolution as provided by section 15.1-493 of the Code, after notice as required by section 15.1-431 of said Code. 583 December 10~ 1980 (Regular Day Meeting) 33.5 33.6 33.7 33.8 33.8.1 33.8.2 33.8.3 REPORT BY PLANNING COMMIS~I'0N ~0-.BOAR~ 0F SUPE~¥I.SORS A~TE~ HEARING After the .conclusion o£ .t.he hearing pro~ed:.~O~ in .this :~e'¢t.~.on, .unles.s the proceedings 'are. lterm~nated a~ p. ro~i.~ed .he~'eln,~.thei.¢~Om~n~.'~'~n.~h~ll :report .tm. the board of' supe.r'visors~:its~ rec.omm~.ndatl~on ~ilth .r~sp:ect-~othep. roPo:s~-edamendment. Failure of the commission ~to~.report.~to~ the~ ~oiard. ~ ~upe~'v~.~ors with~n ninety (90) days after the first~ meet'lng of the bo~ission following the~date the proposed amendment has been refer~ed to~ the Co~ission shall ~e deemed approval by the co~ission. In acting f.avorablY with .respect tm a proposed. ~en~ent initiated by the petition of a property o~ner or owners, theco~ission nee~ not confine its reco~endation tm the proposed ~en~ent as .~et ~Orth in the petition, but may reduce or enlarge 'the ~eXtent Df land that ~t .reco~ends he rezoned or may recommend that land be rezoned to a different zoning classification than that petitioned for, if, the co~ission is of the opinion that ~uch revision is in accord with public necessity, convenience,.general weIfare and good zoning practice and is in furtherance of the purpose's of th~s ordinance and Section; provided that before reco~ending an enlargement of the extent of land or a rezoning to a less restricted classification than was set .forth ~in the petition, the commission shall hold a further hearing on the matter, pursuant to the requirements of section 15.1-431 of the Code. No amendment to the zoning map shall be approved for a change in zoning classification different from that applied for and contained in the public notice of hearing nor for any land not included therein without referring saidchange to the co~ission for its review and reco~endations and proceedings pursuant to this section and section 33.3; provided, however, that an amendment may be approved for only a portion of the area proposed for rezoning if the portion rezoned is accuratel and sufficiently delimited in the approval action, or if a portion is reclassified pursuant to section 30.3. LIMITATION ON FILING NEW PETITION AFTER ORIGINAL DENIAL Upon the denial by the board of supervisors of any petition filed pursuant to section 33.2.1 above, substantially the same petition shall not be reconsidered within twelve (12) months of the date of denial. WITHDRAWAL OF PETITIONS Any petition filed pursuant to section 33.2.1 above, may be withdrawn upon written request by the applicant any time prior to the submission of any public hearing notice for advertisement; provided, that if the request for withdrawal is made after the publication of the notice of hearing, such withdrawal shall be only with the consent of either the commission or the board of supervisors, whichever body has advertised the hearing, and substantially the same petition shall not be reconsidered within twelve (12) months of the date of action, unless the respective body approving withdrawal specifies that the time limitation shall not apply. POSTING OF PROPERTY Additional notice of public hearings involving zoning map amendments initiated pursuant to section 33.2.1 above shall be provided by means of signs posted on the property proposed for rezoning, in the manner prescribed in this section. POSTING OF PROPERTY - PLANNING COMMISSION HEARINU At least fifteen (15) days preceding the commission's public hearing on a zoning map amendment, the applicant shall erect on the property proposed to be rezoned, a sign or signs furnished by the zoning administrator indicating the change proposed and the date, time and place of the public hearing. The sign shall be erected by the applicant within ten (10) feet of whatever boundary line of such land abuts a public road and shall be so placed as to be clearly visible from the road with the bottom of the sign not less than two and one-half (2 1/2) feet above the ground. If more than one such road abuts the property, then a sign shall be erected in the same manner as above for each such abutting road. If no public road abuts thereon, then signs shall be erected in the same manner as above on at least two boundaries of the property abutting land not owned by the applicant. POSTING OF PROPERTY - BOARD OF SUPERVISORS HEARING Upon receipt of written notice that a public hearing has been scheduled before the board of supervisors for his zoning map amendment, the applicant shall erect, at least fifteen (15) days preceding such hearing, a sign or signs furnished by the zoning administrator indicating the change proposed and the date, time and place of the public hearing. Such sign or signs shall be erected in the same manner as prescribed in section 33.8.1 above. MAINTENANCE AND REMOVAL OF SIGNS Any sign erected in compliance with this section shall be maintained at all times by the applicant up to the time of the hearing and it shall be the duty of the applicant at the hearing to prove by affidavit that he ham fully complied with the requirements of this section and has continuously maintained the sign or signs up to the time of the hearing. It shall be unlawful for any person, except the applicant or the zoning administrator or an authorized agent of either, to remove or tamper with any sign furnished during the period it is required to be maintained under this section. Ail signs erected under this section shall be removed by the applicant within fifteen (15) days following the public hearing for which it was erected. q December 10, 1980 (Regular Day Meeting) -158,4 33-9 33.1o 33.1o.1 33.1o.2 34.0 34.1 34.2 MATTERS TO BE CONSIDERED IN REV.ZE~Z~NG~i~RO~0SED AMENDMENTS Proposed amendments:sh~ll~ ~e. ~.e~ie~ed in .r~gard .to .~.e. ction~ .1..4,. ~urpose and Intent; !..'5, Relati~onship t~En¥ironment; and 1..6, Relati~onah~p~to.Compre.hensive Plan; of th~s ordinance. SCHEDULE OF REVIEW For the purposes of' pmoViding for orderly, growth and reasoned consideration of the potential impact of pr~po~ied .re. Zoningm, zoning .text amendments and special use permits upon the compre~ensi~ve Plan, the board of supervisors may establish timing procedures for' consideration of' rezoning applications. The board of supervisors shall consider zoning text amendment petitions by property owners at specified intervals of six (6) months. Hearing times in accord with such intervals shall be established by resolution of the board of supervisors during the month 'of January of each calendar year following enactment of this ordinance, and said resolution shall be published at least once per week for two consecutive weeks in a newspaper of general circulation in Albemarle County. BOARD OF ZONIN~ ~PPE~LS BOARD OF ZONING APPEALS: APPOINTMENT AND ORGANIZATION A board of zoning appeals, consisting of five (5) members, shall be appointed in accordance with the provisions of section 15.1-494 of the Code, and shall have such powers and duties as set forth in section 15.1-495 of the Code. Within the limits of funds appropriated by the board of supervisors, the board of zoning appeals may employ or contract for such secretaries, clerks, legal counsel, consultants and other technical and clerical services as the board of zoning appeals may deem necessary for transaction of its business. Members of the board of zoning appeals shall receive such compensation as may be authorized by the board of supervisors, from time to time, by ordinance or resoluti¢ Any board member may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the court which appointed him, after hearing held after at least fifteen (15) days notice. The board of zoning appeals shall have the authority to request the opinion, advice or other aid of any officer, employee, board; bureau or commission of the county within the scope of his or its respective competence. The board of zoning appeals may, from time to time, adopt such rules and regulations consistent with the ordinances of the county and the laws of the Commonwealth as it may deem necessary to carry out the duties imposed by this ordinance. The meetings of the board shall~be held at the call of its chairman or at such times as a quorum of the board may determine. The board shall choose annually its own chairman and vice-chairman who shall act in the absence of the chairman. The chairman, or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. Ail records of official actions shall become part of the permanent records of the board. A quorum shall be a majority of all the members of the board. POWERS AND DUTIES OF THE BOARD OF ZONING APPEALS The board of zoning appeals shall have the following powers and duties .in accordanc~ with section 15.1-495 of the Code: To hear and decide appeals from any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this ordinance or of any regulation adopted pursuant hereto. To authorize upon appeal or original application in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest, when owing to special conditions a literal enforcement of the provision will result in unnecessary hardship; provided that the spirit of the ordinance shall be observed and substantial justice done, as follows: When a property owner can show that his property was acquired in good faith and where, by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of this ordinance., or where, by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjacent thereto, the strict application of the terms of this ordinance would effectiFely prohibit or unreasonably restrict the use of the property or where the board is sati.s£ied, upon the evidence heard, by it, that the granting of such variance will alleviate a clearly demonstrable hardship approach- ing confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that .all variances shall be in harmony with the intended spirit and purpose of this ordinance. No such variance shall be authorized by the board of zoning appeals unless it finds: (a) that the strict application of this ordinance would produce undue hardship; (b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (c) that the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. 585 34.3 34.4 34.5 34.6 35.0 December t0~ 1980 (Regular Day Meeting No such variance .shall he. author.i.zed exc'epC af~ter~.noti_ce and.hearing ~s .required by section 15.1-43I of'the iCode. No variance shall' be aut..ho'r~zed unle'ss::the board, ofl zoning ~ppealsi'find.$ that. the condition or si'tuati:on of the property concerned or the intended uae of the property is not of so general or ~ecUrring a nature as to: make reasonabIy practicabl'e the formulation of a general .regulation to ba adopted as an amendment ~m the ordinance. In authorizing a variance, the board of zoning appeals may impo.se such conditions regarding the location, charac.te~ and other .fe. atures, of the proposed structure or use as it may deem necessary in the' Pubtic interest, ~nd'may :require 'a guarantee or bond to insure that .the conditions 'impo.sled are he±rig and will continue to be complied with. To hear and decide appeals from the decision of the zoning administrator. To hear and decide applications for interpretation of the zoning map where there is any uncertainty as to~ the location of a district boundary. After notice to the owners of the property affected by any such question, and after public hearing with notice as required by section 15.1-431 of the Code, the board of zoning appeals may interpret the map in such way as to carry out the intent and the purpose of this ordinance for the particular section or district in question. The board of zoning appeals shall not have the power, however, to rezone property or substantially to change the locations of district boundaries as established by this ordinance and the zoning map. APPEAL TO THE BOARD OF ZONING APPEALS Appeal to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the county affected by any decision of the zoning administrator. Such appeal shall be taken within thirty (30) days after the decision appealed from by filing with the zoning administrator, and with the board of zoning appeals, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board of zoning appeals all the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board of zoning appeals that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board of zoning appeals or by a court of record, on application and on notice to the zoning administrator and for good cause shown. APPLICATION FOR VARIANCES Application for variances may be made by any property owner, tenant, government official, department, board or bureau. Such application shall be made to the zoning administrator in accordance with the provisions of this section and with rules adopted by the board of zoning appeals. The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the board of zoning appeals who shall place the matter on the docket to be acted on by the board of zoning appeals. No such variance shall be authorized except after notice and hearing as required by section 15.1-431 of the Code. The zoning administrator shall also transmit a copy of the application to the commission which may send a recommendation to the board of zoning appeals or appear as a party at the hearing. PROCEDURE Appeals and applications for variances shall be filed with the zoning administrator together with a fee of twenty dollars ($20.00) to cover the cost of the processing of such appeal or application. The board of zoning appeals shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof pursuant to section 15.1-431 of the Code, as well as due notice to the parties in interest, and decide the same within sixty (60) days. In exercising its powers, the board of zoning appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from. The concurring vote of three (3) members shall be necessary to reverse any order, requirement, decision, or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance or to effect any variance from this ordinance. DECISION OF BOARD 0~ ZONING APPEALS Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any taxpayer or any officer, department, board, or bureau of the county, may present to. the circuit court of the county a petition specifying the grounds on which aggri.eved within thirty~ (30). days after the filing of the decision in the offic~ of the board-of zoning appeals, which petition shall procee¢ in accordance with section 15.1-497 of the Code. FEES Except as herein otherwise provided, every application made to the administrator, the c.ommission, or the board of supervisors which requires notice and hearing in accordance with section 15.1-431 of the Code, or in accordance with ~the policy of the board of supervisors, shall be accompanied by a fee of 'twenty dollars ($20.00) to defray the cost of publication in a newspaper of general circulation in the county. December 10, 1980 (Regular Day Meeting) 586 36.0 36.1 36.2 36.3 36.4 ARTICLE V. VIOLAT%0N AND PENALTY VI'OL~TIONS VIOLATIONS - GENERALLY Any building erect'ed co. ntr~ary.,toany o£ the' pr.ovisions of this ordinance and any use of any building or land which is;conduc~ted, operated or maintained contrary to any of the provisions oC .this ordinance .shall be a violation of this ordinance and the same is hereby declared to ba Unlawful. The zoning administrator may initiate injunction, mandamus,.ab~tement~ or' any other appropriate .action to prevent, enjoin, abate, or remove such erection or use in violation of any provision of this ordinance. NOTICE OF VIOLATION Upon becoming aware of any. violation of any provisions of this ordinance, the zoning administrator shall serve notice of such violation on the person committing or permitting the same, and if such 'violation has not ceased within such reasonable time as the zoning administrator has specified in such notice, he shall institute such action as may be necessary to terminate the violation. REMEDIES NOT EXCLUSIVE The remedies provided for in this section are cumulative and not exclusive and shall be in addition to any other remedies provided by law. COMPLAINTS REGARDING VIOLATIONS Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the cause and basis thereof shall be filed with the zoning administrator. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this ordinance. 37.0 PENALTIES Any person, whether as owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this ordinance or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building on any land in violation of any detailed statement or plan submitted by him and approved under the provisions of this ordinance, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). Each day upon which such violation continues shall constitute a separate offense. Mr. Fisher asked if there were changes to the Subdivision Ordinance which the Board needed to set in motion. Mr. St. John said the Board did not need to initiate these changes. Mr. Fisher asked if these amendments should be set for public hearing on January 7, 1981. Mr. Tucker said they must go to the Planning Commission first. Mr. Lindstrom then offered motion to adopt the following resolution of intent: BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby state its intent to amend the Subdivision Ordinance, Chapter 18,.of the Code of Albemarle, to facilitate implementation of the Rural Areas district of the newly adopted Zoning Ordinance; AND, FURTHER RESOLVED that the Planning Commission is requeSted to hold public hearing(s) on these proposed amendments and to return its recommendations to this Board at the earliest possible date. The motion was seconded by Dr. Iachetta. the following recorded vote: Roll was called and the motion carried by AYES: NAYS: Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash. None. Mr. Lindstrom said he would assume that in the interim, it would be appropriate for the staff to establish a policy for allocation of these rights if subdivision applications are received. Mr. St. John said he feels subdivision applications will be received and the Planning Commission has 60 days in which to act on same. Mr. Lindstrom asked if there can be a temporary measure added to the zoning ordinance which would require that ~ali plats be brought to the Planning Office for all divisions described in the Zoning Ordinance until the Subdivision Ordinance is changed. Mr. St. John said yes; this can also be added to the Zoning Ordinance. Mr. Lindstrom~then offered motion to adopt the following amendment to the zoning ordinance just adopted: BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that subsequent to December 10, 1980, no plat showing any division of land in Albemarle County, Virginia, shall be admitted to record until it has been pre- sented to the Director of Planning for his notation and signature as agent for the Board of Supervisors. This provision shall apply whether or not such division constitutes a "subdivision" as defined in the CoUnty Subdivision Ordinance; however, if such division of land does constitute ai"subdivision" as defined in the Subdivision Ordinance, the provisions of that Ordinance shall apply in addition to the provisions hereof. 587 December 10, 1980 (Day Meeting) AYES: NAYS: Miss Nash seconded the motion which carried by the following recorded vote: Messrs. Fisher, Henley, Iachetta, Lindstrom,' McCann and Miss Nash. None. Mr. Lindstrom then offered motion to adopt the following ordinance relative to the Subdivision Ordinance, on an emergency basis: BE IT ORDAINED by the BOard of Supervisors of Albemarle County, Virginia, that subsequent to December 10, 1980, no plat showing any division of land in Albemarle County, Virginia, shall be admitted to record until it has been pre- sented to the Director of Planning for his notation and signature as agent for the Board of Supervisors. This provision shall apply whether or not such division constitutes a "subdivision" as defined in the County Subdivision Ordinance; however, if such division of land does constitute a "subdivision" as defined in the Subdivision Ordinance, the provisions of that ordinance shall apply in addition to the provisions hereof. Mr. Lindstrom stated that his reason for making the motion is that there will be a period of time during which the Subdivision Ordinance and Zoning Ordinance will be in- consistent with each other. There will be substantial administrative confusion until t:he Subdivision Ordinance has been formally amended. In order to clarify any confusion, this amendment to the Subdivision Ordinance should be adopted and made effective for 60 days from December 10, 1980. Also, the Clerk to the Board is instructed to send a copy of this emergency ordinance to the Clerk of the Circuit Court immediately. The motion was seconded by Miss Nash and carried by the following recorded vote: AYES: NAYS: Messrs. Fisher, Henley, Iachetta, Lindstrom, McCann and Miss Nash. None. Mr. Fisher asked if there were any further housekeeping details. Mr. R0n Keeler said in order to make the record clear, in adopting the zoning map, the map refers to the Flood Hazard district. Two separate sets of maps prepared by the Federal Emergency Management Agency in conjunction with the Army Corps of Engineers govern in terms of the Flood Hazard District. For the Airport Impact Overlay District, the Charlottesville-Albemarle Airport Plan as referred to in the Zoning Ordinance governs and not the description on the map. For the Scenic Areas Overlay District, scenic highways are shown on a separate high.way map and are described in the ordinance as Route 250 West from the City limits to the County boundary; Route 6 throughout the County; and Route 20 South. The scenic rivers designation is the Moormans River from the Dam at Sugar Hollow to its confluence at the Mechums River. Mr. Lindstrom asked as a point of clarification, if the mistake made in showing the Evergreen PUD on this zoning map will be corrected. Agenda Item No. 25. At 5:35 P.M., the meeting was adjourned.