1969-12-22%33'
December 22, 1969
Pursuant to the following waiver, the Board of County Supervisors of
Albemarle County, Virginia, met in special session at 3:00 P.M. on this date
in the Board Boom, County Office Building, with the following members present:
~essrs. E. N] Garnett, Joseph E. Gibson, Donald Carroll, Lloyd:.'.;F.~ Nood, Jr.,
and ~. A. Yancey.
Absent: Mr. Gordon L. Wheeler,
Officers present: County Executive and County Attorney.
Also present: Members of Albemarle County Planning Commission.
We, the undersigned, members of the Board of County Supervisors of
Albemarle County, Virginia, do hereby waive notice and special
service thereof, of a meeting called for 3:00 P.~. on December
22, 1969, to be held in the Board Boom, County Office Building,
for the purpose of considering matters pertaining to the County
Zoning Ordinance and the Joint Airport, and we do hereby consent
to s~uy and all business and the taking of such action at said
meeting upon the matters hereinabove mentioned as may be lawful,
incident and necessary thereto. ~~
:Dona~& Carroll~L~ ~ (_
¢ rood', Jr.
· he Chairman ad_¥±sed that this was the hour set for publ±o hearing ~e-
fore the ~oaz*d of Supervisors a~d the 21az~ing ¢O~L&SS±On on adoption an& re-
enaotment of & Zoning 0r&~a~oe and ~fap for &lbemarle County as advertise& in
the Daily ?to,tess on December 3 and Deoember 10, 1969. Mr. Job~ ~u~pb~ey
sub~m&tted the Zoning 0rdinanoe with a~endments to date.
~o ~. ~. ~iffa~y, attorney, who stated that he was speaking on behaZ2
of his ol±ent, Mr. F. 0. Ooo~erill, b&mself and. a nt~ber of other people ±n
the County, questioned t~e re-enaotment of the e~_&stin¢ ordinanoe. ~e ~s~e&
~e ~o¢& ~o oo~s&&e~ &eZ&f&~6 ~o~&o~ ~& ~ ~eE~es~e& ~e ~o&~& oo~s&&e~
~be &&o~&o~ o2 ~ ~e¢~&~e o~&&~oe s~ob &s ~b&~ &~ Au6us~ Co~ ~ob ~e
2e%~ ~u~& ~e ~o~e &ooe~&b%e ~o ~be ~e~s 2~ ~be &~e~. ~. 'W&Z~e~ %o~
stated that he does not think the ordinance should be passed until the compre-
hensive plan is completed. He stated that he is not against zoning if it is
the right kind. Nr. Tom Nichie, attorney, appeared on behalf of Alberene
Soap Stone Corporation. He requested an amendment which would properly zone
approximately five thousand acres for mining which is the existing use.
A number of citizens appeared and expressed strong support for the ordi-
nance. These included Nfs. Fred Scott, Nr. Herbert Stuart, Nr. Paul Dulaney
(who stated that the Augusta County ordina~uce was adopted in 1947 and they
feel their ordihance is now obsolete), Nfs. Ella Smith, Nr. Boyee Loving,
Balph Paddock, Nfs. Nary Cash, Er. Welford Nartin, Nr. J. T. Pratt, Ers.
Elizabeth Dulaney, Nfs. Sally Thomas (on behalf of League of Women Voters),
Nfs. Barbara Yalden Thompson, Ers. Sylvia Hayes, Nfs. Narjorie Jordan, and
Ers. Norms Brawley.
Nr. Stanley Patterson stated that he is opposed to the ordinance.
Skip Eddelson asked about the effective date and was advised that if adopted,
the ordinance would be effective immediately.
Upon completion of the ,public hearing, the following resolution (offered
by Er. Cart, seconded by Nr. Amata, and unanimously adopted) was received from
the Planning Commission:
"Whereas, by resolution adopted at a special meeting of the. Board
of County Supervisors of Albemarle County on December 3, 1969, this
Co,mi ssion was directed to prepare a Zoning Ordinance and Nap for
Albemarle County to be presented at a joint public hearing to be
held by said Board and this Commission on this date;
And Whereas, this Commission has prepared such an Ordinance and Nap
identical to the Zoning Ordinance and Nap now in effect pursuant to
prior action of this Commission and said Board, including the pro-
visions of the Ordinance and Nap as adopted by said Bo~d on Narch
7, 1968, as amended by subsequent action of said Board from time
to time;
And Whereas, pursuant to notice and advertising as required by law,
a joint public hearing has been held at this meeting by said Board
and this Commission;
Now Therefore Be It Resolved that this Commission hereby recommends
to the Board of Supervisors of Albemarle County that said Board re-
adopt and re-enact the Albemarle County Zoning 0rdinance~ and Zoning
Nap as amended prior to this date, such re-enactment to be effective
immediately."
On motion by Er. Gibson, seconded by Er. Carroll, the recommendation of
the Planning Commission was accepted and the Zoning Ordinance and Hap was
adopted, as follows, by the following recorded vote:
AYES: Nessrs. Garnett, Gibson, Carroll, Wood and Yancey.
NAYS: None.
ABSENT: Nr. Gordon L. Wheeler.
1:3:5
ZONING ORDINANCE OF
,AL'REMARLE,, OOUNTY, VIRGINIA
An ordinance to re-enact and re-adopt the Albemarle County Zoning Ordi-
nance and the Albemarle County Zoning Map.
BE IT ORDAINED by the Board of Sk~pervisors of Albemarle County, Virginia:
That the following ordinance,-known as the Zoning Ordinance of Albemarle
County, Virginia, together with the Zoning Nap attached thereto, be and the
same are, hereby re-adopted and re~enacted effective immediately.~.upon ~a&Option
of this ordinance.
~ZEREAS, by_act of th~ General Assembly of Virgi~nia as provided in Chap-
ter II, Article B, Sections 15.1-486 through 15.1-498,- Code of Virginia and
amendments thereto, the governing body of ~any co'~nty may, by ord~.nance, divide
the territory under its jurisdiction into districts of such number, shape, and
area as it may deem best suited to carry out the purposes of this article, and
in each district it may regulate, restrict, permit, pD.o~zibit, and determine
the following:
(a) The use of land, buildings, structures, and other premises for agricul-
tural, commercial, industrial, residential, flood plain and other specific
uses;
(b) The size, height, area, bulk, location, erection, construction, recon-
struction, alteration, repair, maintenance, razing or removal of structures;
(c) The areas and dimensions of land, water, and air space to be occupied
by buildings, structures and uses, and of courts, yards, and other open spaces
to be left unoccupied by uses and structures, including variations in the size.s
of lots based on whether a public or community water supply or sewer system is
available and used;
(d) The excavation or mining of soil or other natural resources.
T}{EREFO?~, BE IT ORDAI~D by the governing body of Albemarle County,
'Virginia, for the purpose of promoting the health, safety, or general welfare
of the public and of further accomplishing the objectives of Section 1~.1-427
of the Code of Virginia, as amended, that the following be adopted as the
Zoning Ordinance of Albemarle County, VirginSa, together with the accompany-
in.g map. This ordinance has been designed (a) to provide for adequate light,
a~r, convenience of access, and safety from fire, flood and other dangers;
(b) to reduce or prevent congestion in the public streets; (c) to facilitate
the creation of a convenient, attractive, and harmonious community; (d) to
expedite the provision of adequate police and fire protection, disaster
evacuation, civil defense, transportation, water, sewerage, flood protection,
schools, parks, forests, ~l.aygrounds, recreational facilities, airports, and
9ther public requirements, (e)to protect against one or more of t[~e iollow-
·ng: 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 of loss of life, health,
or property i~£om fire, flood, panic, or other dangers.
ARTICI~E I . Di STRICT S
For the purpose of this ordinance, the unincorporated areas of Albe-
marle County, Virginia, are hereby divided into the following
di strict s:
Agricultural, A-1
Residentia& Suburban, RS-1
Residential, Limited R-1
Residential, Limited R-2
Residential, General R-3
Business., General B-1
Industrial, Limited ~-1
Industrial, General E-2
At{TI CLE 2. AGRI CULTURAL DI STRI CT, A- 1
Statement of Intent
This district is designed primarily to accomodate farming and kindred
rural occupations. While the basic aim is to preserve and promote this utili-
18',6
zation of the land, the uses permitted are broad enough to allow development
of residential areas as it is recognized that certain desirable rural 'areas
may logically be expected to develop in this manner. It is the intent, how-
ever, to discourage the random scattering of residential, commercial, or
industrial uses in this type of district.
USES PEiMI TTED
In Aoricultural District A-l, structures to be erected or land to be
used shall be for one or more of the following uses:
2-1 - 1. Agriculture.
2--1-2-
Accessory uses as defined; however, garages and other accessory
structures, such as carports, porches, and stoops attached to the
main building shall be considered part of the main building. No
accessory building may be closer than five (5) feet to any property
line.
2-1-3.
Business signs and location signs: No sign shall be greater in
height than thirty (30) feet from ground level or greater in height
than the cave line of the roof of the main building located on the
premises upon which said sign is erected, whichever is greater. No
moving, blinking, flashing or color changing shall be permitted.
2-1-4. Church bulletin boards and i~entification signs
2-1-5. Churches and adjunct cemeteries
2-1-6. Conservation and preservation areas
2-1 - 7. Dairying
2-1-8. Directional signs
2-1-9. Educational institutions
2-1 - 10. Fore stry
2-1-11. General Farming
2-1-12. Goi~ courses, (unlighted)
2-1-1 3. Graveyards, family
2-1 - 14. Home occupation s
2-1-15. Home occupation signs: no flashing blinking, color changing, or
neon lighting.
2-1 -16. Horse show grounds, temporary
2-1 - 17. Off- street parking as required by this ordinance
2-1 - 18. Parks and playgrounds
2-1-19.
Public schools, public offices, and other public buildings and public
facilities owned or operated by agencies of the national, state, or
local government. Subject to site plan approval.
2-1-20.
Public utilities: poles, lines, transformers, distribution substa-
tions, pipes, meters, and other facilities necessary for the provision
and maintenance of public utilities, including water and sewerage
distribution facilities.
2-1-21. Sawmills, temporary
2-1-22. Single family dwellings
2-1-23.
~obile homes, individual, qualifying under the following require-
ment s:
A property owner residing on the premises in a permanent home
wishes to place a mobile home on this property in order to main-
tain kis or her immediate family or full-time agricultural em-
ployee. Immediate family shall be defined as lineal relatives
of the applicant and his brothers or sisters.
$37
2-1-24-(1)
2-1-24(2)
2-1-24-(3)
2-1-24(4)
2-1-24(~)
2-1-24~6)
2-1-24(?)
2-1-24(8)
2-1-24(9)
Due to the destruction of a permanent-home an emergency
exists. A permit can be issued in this event not to exceed
12 months,.
The Zoning Administrator shall be authorized t° issue per-
mits in accordance 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 on cases
"A" and "B" of the aforementioned uses.
THE FOLLOWING UEES ~,~,0'~-~ED WITH A CONDITIONAL Ua PERN2T ONLY:
Airports, private and public
Athletic fields
Boat marinas and boat repair facilities
Campgrounds
Camps, summer
Cemeteries
Clubs and lodges; civic, fraternal and patriotic
Country clubs, community centers, swimming, tennis, fishing, gun
and yacht clubs and similar uses
Fruit packing plants, commercial, employing more than five
persons
2-1-24(10) Garages, public
2-1-24(11) General advertising signs as defined and in accordance with pro-
visions contained herein, provided the distance between such signs
is not less than fifteen hundred (1,500) feet:on 'the same side of
a right of way, but in no case shall a sign be closer than seven
hundred (700) feet to another sign on either side of the right of
way. No moving, blinking, flashing or color changing shall be
permitted.
2-1-24(12) General stores
2-1-24(13) Gift, craft and antique shops
2-1-24(14) Golf co~rses, (lighted)
2-1-24( 1 5) Hog farms
2-1-24(16) Horse show grounds, permanent
2-1-24(17) Mobile home subdivisions in accordance with Section 10-12 of this
ordinance.
2-1-24(18) Mobile home parks, in accordance with the provisions of Section
10-9 of the ordinance.
2-1-24(19) Motels and Inns
2-1-24(20) Planing mills
2-1-24(21) Planned communities, in accordance with Section 2-7 of the ordi-
nance.
2-1-24(22) Professional offices
2-1-24(23) Public riding stables
2-1-24(24) Public utilities: oil and gas transmission pipelines and pumping
stations, microwave and radiowave transmission and relay towers,
electrical transmission lines, towers and Substations, and public
water and sewerage transmission and treatment facilities.
2-1-24(25) Sand and gravel operations and borrow pits
2-1-24(26) Radio and television, stations, ~erials and antennae
2-1-24(27) Restaurants located on or adjacent to motel premises
2-1-24(28) mSanitary fill method garbage disposal
2-1 -24(29) Sawmills, permanent
2-1-24(30) Temporary trailer parks, in accordance with Section 10-10 of the
ordinance
2-1-2
Special Permit - Individual ~obile Homes
A special permit may be granted in such instances as the Board of
'Supervisors deem proper as being compatible with the use and nature
of the adjacent properties. Applications for such special permits
shall be processed in the same manner as other applications for
rezoning.
2-2.
AREA REGULATIONS
The minimum lot area for single family dwellings shall be t~ (2)
acres, except in case of unusual soil conditions or other physical
factors which may impair the health and safety of the neighborhood,..
in wh~ich case upon recommendation of the City-County Health Offi-
cer, the Cotuuty Planning Commission may increase the lot area re-
quir em en t s.
2-3.
SETBACK I~EGULATION S
All structures, except signs advertising sale or rent of the
property, shall be located thirty (30) feet or more from any street
right of way.
FRONTAGEREGULATIONS
For residential lots, the minimum lot width at the setback line
shall be one hundred fifty (1 50) feet or more.
YARD P~G~TIONS
2-5-1.
Side. The minimum side yard for each main structure shall be
twe'nty-five (25) feet or more.
2-5-2.
Bear. Each main structure shall have a rear yard of thirty-five
~ feet or more.
2-6.
SPECIAL PROVISIONS ~)tt CO~ LOTS
2-6-1.
Of the two sides of a corner lot the front shall be deemed to be
the shortest of the two sides fronting on streets.
2-6-2.
The side yard on the side facing the side street shall be thirty
(30) feet or more for both main and accessory buildings.
2-7-
PLANNED COMMUNITIES
2-7-1.
The governing body may authorize the development 5f planned com-
munities within the A-1, Agricultural district created by this
ordinance, after notice and hearing as required by Sections 15.1-
431 of the Code. Such authorization shall be given only to land
areas of not less than one hundred (100) acres under common owner-
ship or control. Additional land area may subsequently be added
to an approved planned community if it adjoins or forms a logical
addition to an existing pl-anned community. The procedure for an
addition shall be the same as if aa original application were
filed, and all of the requirements of this section sha.ll apply
exeept the minimum acreage requirement of one hundred (100) acres.
2-7-2.
The applicant shall furnish with his application for rezoning,
copies of a preliminary plan, prepared or certified by a surveyor,
engineer, county or city planner, land planner, architect or other
qualified person, showing the proposed general layout, the general
location of the various types of land uses, the proposed densities
of population in residential areas, a street plan, public utility
139
plan, storm drainage plan and a plan showing the location of
recreation spaces, parks, schools and other public or community
uses.
2-7-3.
The Planning Commission shall review the preliminary plan as sub-
mitred by the applicant and shall determine the location within
Albemarle County of the proposed planned community and shall study
the characteristics of the watershed serving the proposed planned
c6mmunity. The Planning Commission shall then determine a reason-
able time which shall be sufficient to permit the technical Staff
of Albemarle County to evaluate the proposed project and to pre-
sent its recommendations for nec2ssary utilities and other facili-
ties to protect other uses within the watershed. No preliminary
approval shall be given to any such project until the recommenda-
tions of the technical staff have been considered by the Planning
Commi ssioni
2-7 -4.
Following the recommendation of the Planning 0ommission and the
approval of the governing body of the preliminary plan, the appli-
cant s~..'all furnish copies of a final plan of any section of not
less than ten (10) acres of the land shown on the preliminary plan,
prepared or certified by a duly licensed surveyor or engineer,
showing the layout of all streets and roads, the location of all
buildings, parking areas, pedestrian ways, utility easements, lot
lines, open spaces, parks, recreation areas, school sites, play-
grounds, the proposed use of all buildings and the metes and[
bounds of all dedicated areas and lots. The applicant shall also
furnish a proposed dee~ of dedication including restrictions safe-
guarding the use of open spaces and preventing encroachment upon
open spaces between structures. When the final plan and deed of
ded/cation shall have been approved as being in conformity with
this section of the ordinance and with any changes or requirements
of the governing body on the preliminary plan, and it has been
determined that the applicant has complied with the requirements of
the subdivision ordinance of Albemarle County, whether or not it is
a subdivision, it shall be approved for recordation and recorded.
Thereafter, no modification may be made in the final plan except bT
an amended final plan sul~litted as provided for the original plan.
2-7-6.
Upon the final approval of a planned con~munity, the regulations in
this ordinance pertaining to minimmn lot areas, setbacks, frontage,
side and rear yards, height, corner lots and coverage shall bo
longer be applicable.
The regulations in Section 10-7 and 10-8 of this ordinance per-
taining to Off-Street Parking and Loading and Unloading Areas,
respectively, shall apply in their application to the class of use
within the area of a planned community district.
2-7-7.
2-7-8.
The regulations in Sections 10-1 and 10-4 pertaining to Zoning
Permits and Uses Not Provided For, respectively, shall not apply.
The size, shape, height, location and composition of signs of the
several types defined in Article 15 of this ordinance shall be
controlled by application of the most restrictive standards ap-
plied to such signs in other districts permitting a similar class
of use.
2-7-9.
There shall be no minimum setback lines in a planned community
district, except that area on the outer perimeter of the planned
community, which shall adopt the setback of the opposite or adjoin-
ing district; provided setback lines on primary, State and Federal
highways shall be observed, and vision clearance at street corner
lots shall be maintained.
Ai~TICLE 2-A. ItESIDENTIAL SUBURBAN RS-1
Statement of In~ent
This district is designed to accomodate Quiet, low density residential
areas plus certain areas where similar residential development appears likely
to occur, such as in the immediate areas of small villages where there exists
a community of interest and where more dense zones would not be compatible
with existing or proposed development. The regulations for this district are
designed to stabilize and protect the essential characteristics of the dis-
trict, to promote and encourage a suitable environment for family life, and
to prohibit all activities of a commercial nature.
2A- 1.
USES PERMITTED:
in t~esidential Suburban District, BS-1, structure~ to be erected
or land to be used, shall be for one or more of the following
uses:
2A-1-1.
Accessory buildings as defined; however, garages and other ac-
cessory structures, such as carports, porches and stoops attached
to the main building shall be considered part of the main build-
ing. No accessory building may be closer than five (5) feet to
any property line.
Business signs: Only to advertise the sale or rent of the pre-
raises upon which erected and not more than six (6) square feet in
area.
Church bulletin boards and identification signs
2A- 1 -4. Churches
2A-1-5. Directional signs
2A-1-6. Educational institutions
2A-1-7. Golf courses (unlighted)
2A-1-8. Off-street parking as required by this ordinance
2A-1-9. Parks and playgrounds
2A-1-10.
Public utilities: poles, lines, transformers, distribution sub-
stations, pipes, meters, and other facilities necessary for the
provision and maintenance of public utilities, including water and
sewerage distribution facilities.
2A-1-11. Single family dwellings
THE FOLLOWING USES AI2DV~D 'WITH A CONDITIONAL USE PERMIT ONLY:
2A-1-12( 1 ) Country clubs
2A-1-12(2) Public utilities: oil and gas transmission pipelines and pumping
stations, microwave and radiowave transmission and relay towers,
electrical transmission lines, towers and substations, and public
water and sewerage transmission and treatment facilities.
2A-1-12(3) Stabling facilities for light horses and ponies on not less than
two (2) acres.
2A-1-12(4) Swin~m~ng and tennis clubs
2A-1-12(5) ~arinas
2A-2.
NINIMUMLOT SIZE
2A-2-1.
2A-2-2.
2A-2-3.
Area. ,Approved subdivisions of one lot shall have a minimum area
o--~ne (1) acre. In approved suhii~isions of two lots or more,
lots may have a minimum area of forty thousand (40,000) .square
feet provided the average lot area of all lots is one(1) acre.
Width. Interior lots shall have a minimum width of one hundred
thirty (130) feet at the building setback line. Corner lots shall
have a minimum width of one hundred and fifty-five (155) feet at
the building setback line.
HeiEht. Dwelling shall not exceed thirty-five (35) feet in height.
2A-3.
YARDS
Setback. The minumum setback from any front yard shall be fifty
(50) feet from the front lot lines.
2A-3-2. Side Yard. Side yards shall be a minimtum of twenty (20) fe~t.
141
shall be a minimum of fifty (50) feet.
2A-3-4.
Minimum 0ff-Stre. et Parkin. g.
this ordinance.
In compliance with Article 10-7 of
ARTICt~ 3. 1KESIDENTIAL, LIMITED, DISTRICT R-1
Statement of Intent
This district is composed of certain quiet, low density residential areas
plus certain open areas where similar residential development appears likely
to occur. The regulations for this district are designed to stabalize and
protect the essential characteristics of the district, to promote and encour-
age a suitable environment for family life where there are children, and to
prohibit all activities of a commercial nature. To these ends, development
is limited to relatively low concentration and permitted uses are limited
basically to single unit dwellings providing homes for the residents plus
certain additional uses, such as schos, ls, parks, churches, and certain public
facilities that serve the residents of the district. No home occupation and
no maintaining of poultry or livestock are permitted in this district, except
that pleasure horses and ponies may be permitted with a Conditional Use Permit.
3--1-
USES PERMIT~D
In Residential District 1~-1, structures to be erected or land to be
used, shall be for one or more of the following uses:
3-1-1.
Accessory buildings as defined; however, garages and other accessory
structures, such as carports, porches, and stoops attached to the
mamn building shall be considered.part of the main building. No
accessory building may be closer than five (5) feet to any property
li~e.
3-1-2.
Business signs: 0nly to advertise the sale or rent of the premises
upon which erected and not more than six (6) square feet in area.
3-1-3.
Church bulletin boards and identification signs
3-1-4-.
Churches
3-1-5.
Directional signs
3-1-6.
Educational institutions.
3-1-7.
Golf courses (unlighted)
3-1-8.
Off-street parking as required by this ordinance
3~1 -9-
Parks and playgrounds
3-1-10.
Public utilities: poles, lines, transformers, distribution substa-
tions, pipes, meters and other facilities necessary for the pro-
vision and maintenance of public utilities, including water and
sewerage distribution facilities.
3-1-11.
Single family dwellings
THE FOLL0~iNG USES 2TJO%~ED WITH A CONDITIONAL USE PERMIT ONLY:
3-1-12(1)
3-1-12(2)
3-1-12(3)
3-1-12(4-)
3-2.
3-2-1.
Country clubs
public utilities: oil and gas transmission pipelines and pumping
stations, microwave and radiowave transmission and relay towers,
electrical transmission lines, towers and substations, and public
water and sewerage transmission and treatment facilities.
Stabling facilities for light horses and ponies
Shvimming and termi s clubs
AREA REGULATIONS
The minimum lot area shall conform to the following requirements:
Category 1: residential lots, served by a public sewer system and
a public war.er Supply shall provide a minimum depth of one hundred
twenty-five (1 25) ~eet and have a minimum area of eight thousand
two hundred (8,200) square feet.
142
3-2-2.
3-2-3.
3-2-4.
3-3-
3-¢-1.
3-4-2.
3-4--3.
3-6.
3-6-1.
3-6-2.
3-6-3.
3-6-4-.
3-7-
3-7-1.
3-7-2-
3-7-3.
0ategory 2: residential lots, served by either a public sewer
system or a public water supply but not both, shall provide a
minimum area of twelve thousand five hundred (12,500) square feet.
0ategory 3: residential lots, served by neither a public sewer
system nor a public water supply, shall provide a minimum area of
twenty thousand (20,000) square feet.
In case of unusual soil conditions or other physical factors which
may impair the health and safety of the neighborhood, upon recom-
mendation of the Oity-0ounty Health Officer, the 0ounty Planning
0ommission may increase the lot area requirements specified tkmder
Section 3-2 for uses utilizing other than a public sewer system.
SETBACK REGULATI ON S
All structures, except signs advertising sale or rent of the
property, shall be located thirty (30) feet or more from any street
right of way.
FRONTA~E REGULATIONS
For category 1, the minimum lot width at the setback line shall be
sixty-five (6~) feet or more.
For cateMory 2, the minimum lot width at the setback line shall be
eighty (80) feet or more.
For category, 3, ~the minimum lot width at the setback line shall be
one hundred (100) feet or more.
YARD REGULATIONS
Side. The minimum side yard for each main structure shall be ten
~ feet or more.
Each main structure shall have a rear yard of thirty-five
feet or more.
HEIGHT REGULATIONS
Buildings may be erected up to thirty-five (3~) feet in height
except that:
he. height limit for dwellSngso+m, ay be increased up to forty-f,iv?
45) feet and up to three (3) stories provided there are two, { 2)
side yards for each permitted use, each of which is fifteen ~ 15)
feet or more plus one (1) foot or more of side yard for each
additional foot of building height over thirty-five (35) feet.
A pu'blic or s~.public building such as a school or church may be
erected to a height of sixty (60) feet from grade provided that
required front, side and rear yards shall be increased one (1) foot
for each foot in height over thirty-five (35) feet.
Church spires, belfries, cupolas, monuments, water towers, chimneys,
flues, flag poles, television antennae and radio aerials are exempt.
Parapet walls may be up to four (4) feet above the height of the
building on which the walls rest.
No accessory building which is within twenty (20) feet of any lot
line shall be more than one (I) story high. All accessory buildings
shall be less than the main building in height.
SPECIAL PROVISIONS F01~ COI~NER LOTS
Of the two sides of a corner tot the front shall be deemed to be the
shortest of the two sides fronting on streets.
The side yard on the side facing the side street shall be thirty
(30) feet or more for both main and accessory buildings.
For subdivisions platted after the enactment of this ordinance, each
category 1 corner lot shall have a minimum width at the setback line
cfc, seventy-five (7[) feet or more; each category 2 corner lot shall
have a minimumv~dth at the setback line of one hundred (100) feet
1'43'
or more; and each category 3 corner lot shall have a minimum
width at the setback line of one hundred twenty-five (125) feet
or more.
ARTICLE. 4. tYESIDENTIAL, LIMITED, DISERICT ~-2
Statement of Intent
This district is composed of certain quiet, medium density residential
areas plus certain open areas where similar residential development appears
likely to occur. The regulations for this district are designed to stabalize
an& protect the essential characteristics of the district, to promote and
encourage a suitable enviror~aent for family life where there are children, and
to prohibit all activities of a con~nercial nature. To these ends, development
is limited to relatively low concentration and permitted uses are limited
basically to single unit dwellings providing homes for the residents plus
certain additional uses, such as schools, parks, churches, and certain public
facilities that serve the residaats of the district. No poultry or livestock
(chickens, horses, cows, swine, etc.) are permitted. Eultiple unit dwellings
are permitted with a Conditional Use Permit.
USES P~ITTED
4-1-1.
4-1 -2.
In I~esidential District ~-2, structures to be erected or land to be
used, shall be for one or more of the following uses:
Accessory buildings as defined; however, garages and other accessory
structures such as carports, porches and stoops attached to the main
building shall be considered part of the main building. No acces-
sory building may be closer than five (5) feet to any property line.
Business signs only to advertise the sale or rent of the premises
upon which erected and not more than eight (8) Equare feet in area.
4-1-3-
Church bulletin boards and identification signs
4-1-4. Churches
4-1-5.
Directional signs
4-1-6.
Educational in stitution s
4-1 -7.
Golf courses (unlighted)
4-1-8. Libraries
4-1-9 ·
Off-street parking as required by this ordinance
4-1-10. Parks and playgrounds
4-1-11,
Public utilities: poles, lines, transformers, distribution sub-
stations, pipes, meters, and other facilities necessary for the
provision and maintenance of public utilities, including water and
sewerage distribution facilities.
4-1-12.
Residential townhouse clusters, in accordance with the provisions
of the Townhouse Ordinance of Albemarle County, as the same may be
amended.
Single family dwellings
4-1-14. Two family dwellings
THE FOT,T,OWING USES 3T,TDWED WITH A CONDITIONAL USE PiP~IT ONLY:
4-t-t5(1) Day nurseries
4-1-1 5(2) Four fs~miiy dwellings
Public utilities: oil and gas transmission pipelines and pumping
stations, microwave and radiowave transmission and relay towers,
electrical transmission lines, towers and substations, and public
water and sewerage transmission and treatment facilities.
4-1-15(4) Swimming and tennis clubs
4-1 -1 5(5) Three family .dwellings
4-2,
4-2-1 ·
4-2-2.
4-2-3.
4-2-4.
4-2-5.
4-2-6.
4-2-?.
4-3.
4-4-1.
4-4-2.
4-5-1.
4-5-2.
AREA REGULATIONS
gategory 1: residential lots, served by a public sewer system and
a public war,er supply shall provide a minimum de,th of one hundred
twenty-five (125) ~eet and have a minimum area o2 eight thousand
two hundred (8,200~ square feet.
0ategory 2: residential lots, served by either a public sewer
system or a public water supply but not both, shall provide a
minimum area of twelve thousand five hundred (12, 5007 square feet.
Category 3: residential lots, served by neither a public sewer
system nor a public water~'supply, shall provide a m~uimum area of
twenty thousand (20,000) square feet.
For lots containing or intended to contain more than. a single per-
mitted use served by a public sewer system and a public water
supply, the minimum lot area shalZ, be: two (2~ units .. ten
,thgusand two hundred fifty (10,250) square~_.feet 9r more~'three
units-- twelve thousand two hundred ifty square
fe~t or more, for each additional unit above three '~3~ ·
-one
thousand (1,000) square feet.
For lots containing or intended to contain more than a single per-
mitted use served by either a public sewer ~ystem or a public
water supply, but not both, ~e minimum lot area shall be: two (2)
units ... fifteen thousand five hundred (t5,500)squ.ar~ feet or
more; t.hree (3) units ... eighteen thousand (18,000} square feet
or more, for each additional unit above three (3) ... one thousand
(1,000) square feet.
For lots containing or intended to contain more than a single per-
mitted use served by nei~hSr a public sewer system nor a public
water supply, the ~nimum lot area shall be: two (2) units ---
twenty-four thousand (24 000) square feet or more; for each ad-
ditional unit above two 12)'.. one thoUsand (I ,000) square feet.
In case of unusual soil conditions ' $r other physical factors which
may impair the health and safety of the neighborhood and upon recom-
mendation of the 0dry-County Health Officer, the Planning Commission
m~y increase the lot area requirements specified under Section 4-2
for uses utilizing other than a public sewer system.
SETBACK I<EGULATIONS
All structures, except signs advertising sale or rent of the pro-
perty, shall be located thirty (30) feet or more from any street
right of way.
FRONTAGE I~EGUI~TION S
For a single family dwelling served by both a public sewer system
and a public water supply, the minimum lot width at the setback
line shall be sixty-five ~65) feet, and for each additional per-
mitted use there shall be at least ten (10) feet additional lot
width at the setback line.
For a single family dwelling served by other than a public water
supply and a public sewer system, the minimum width at the setback
line shall be eighty (80) feet with ten (10) additional feet of
front width for each additional permitted use.
YARD I~EG~ION S
The minimum side yar~ for each main structure shall be ten
feet or more.
~ear. Each main structure shall have a rear yard of thirty-five
~ feet or more.
HEIGHT Z~EGULATION S
Buildings may be erected up to thirty-five (35) feet in height
except that:
145
he. height limit for dwellSngs may be increased up to forty-five
45) feet and up to three (3) stories provided there are two~(2)
ide yards for each permitted use, each of which is fifteen (15)
feet or more plus one (1) foot or more of side yard for each ad-
ditional foot of building height over thirty-five (35) feet.
4-6=2.
A public or semi-~.public building such as a school, church or
library, may be erected to a height of sixty (60) feet from grade
provided that required front, side, and rear yards shall be in-
creased one (1) foot for each foot in height over thirty-five
(35) feet.
4-6-3.
Church spires, belfries, cupolas, monuments, water towers, chim-
neys, flues, flag poles, television antennae and radio aerials
are exempt. Parapet walls maybe up to four (4) feet above the
height of the building on which the walls rest.
4-6-¢.
No accessory building which is within twenty (20) feet of any lot
line shall be more than one (1) story high. All accessory build-
ings shall' be. less than the main building in height.
SPECIAL PROVISIONS FO1{ C0~ LOTS
4-7-1.
Of the two- sides of a corner lot the front shall be deemed to be
the shortest of the two sides fronting on streets.
4-7-2.
The side yard on the side facing the side street shall be twenty-
five (2'5) f.eet or more for both main and accessory buildings.
4-7-3.
For subdivision~ platted after the enactment of this ordinance,
each corner lot shall have a minimum width at the setback line
of seventy-five (75) feet or more.
ARTICLE 5- i{ESIDENTI~YL, G~AL, DISTRICT R-3
Statement of Intent
This district is composed of certain quiet, medium density, residential
uses plus certain open areas where similar development appears likely to oc-
cur. The regulations for this district are designed to stabalize and protect
the essential characteristics of the district, to promote and ancourage suit-
able enviror~nent for family life where there are children, and to prohibit
most activities of a commercial nature. To these ends, development is
limited to relatively low concentration. This district is not completely
residential as it includes public and semi-public, institutional and other
related uses.
USES PERMIT~
In l~esidential District i{-3, structures to be erected or land to
be used, shall be for one or more of the following uses:
5-1-1.
Accessory buildings permitted as defined; 'however, garages and
other accessory structures, such as carports, porches and stoops
attached to the main building shall be considered part of the main
building. No accessory building may be closer than one (1) foot
to any property line.
Business signs: not more than twenty-four (24) square feet in
area; no moving, flashing, blinking, cmlor changing or neon
lighting.
5-1-3-
Church bulletin boards and identification signs
5-1-4.
Churches
5-t -5-
Directional signs
5-1-6.
Educational institutions
5-1-7-
Golf courses (unlighted)
5-1-8.
Home occupations
5-1-9.
Home occupation signs:
neon lighting.
no flashing, blinking, color changing, or
5-1 -lO.
Libr ari e s
5-1-11.
~-1-12.
¢-1-13.
~-1-14-.
5-1-16.
5-1-17.
5-1
5-1-19.
5-1-2o.
¢-1-21(1)
5-I-21(2)
~-1-21(3)
~-1-21(4)
5-1-21(5)
5-1-21(6)
5'-2-1.
5-2-2.
5-2-3.
5-2-4.
5-2-5.
Multiple family dwellings
Off-street parking as required by this ordinance
Parks and playgrounds
Professional offices
Public utilities: poles, lines, distribution substations, pipes,
meters, and other facilities necessary for the provision and
maintenance of public utilities, including water and sewerage
distribution facilities. -
l~esidential tovmhouse clusters in accordance with the provisions
of the Townhouse Ordinance of Albemarle County, as the same may
be amended.
Rooming and boarding houses
Single family dwellings
Touri st home s
Two family dwellings
TEE FOLLO~ING USES ALLOWED WITH A CONDITIONAL USE PERMIT ONLY:
Clubs and lodges; civic, fraternal and patriotic
Day nut seri e s
Hospitals
Public utilities: oil and gas transmission pipelines and pumping
stations, microwave and radiowave transmission and relay towers,
electrical transmission lines, towers and substations, and public
water and sewerage transmission and treatment facilities..
l~etail stores and shops, on a single floor, compatible with the
residential characteris$ics of the district, containing not more
than four thousand (4,000) square feet.
Swi~ng and tennis clubs
ABEA REG~IONS
Category 1: residential lots, served by a public sewer syStem and
a public water supply shall provide a minimum de~th of one hundred
twenty-five (125) feet and have a minimum area oI eight thousand
two hundred (8,200) square feet.
Category 2: residential lots, served by either a public sewer
system or a public water supply but not both, shall provide a
minimum area of twelve thousand five hundred (12,500) square feet.
Category 3: residential lots, served by neither a public sewer
system nor a public~water supply, shall provide a minimum area of
twenty thousand (20,000) square feet.
For lots containing or intended to contain more than a single per-
mitted use served by a public sewer system and a public water
supply, the minimum lot area shall be: two (2) units . ten
thousand two hundred fifty (10,250) square feet or mor~i three (3)
units ... twelve thousand two hundred fifty (12.250) square,feet.
or more; for each additional unit above three(3) ... one thousand
(1,000) square feet.
For lots containing or:.:.intended to contain more than a single per-
mitted use served by either a public sewer system or a public
water supply, but not both, the minimum lot area shall be: two
(2) unit. s ... fifteen thousand five hundred (15,500) sq~uare feet
9~ more, three (3) units ... eighteen thousand (18 0.00) square
ieet or more; for each additional unit above three 13) ... one
thousand (1,000) square feet.
147
5-2-6.
5-4-1.
5-4-2.
5-5:..1.
5-5-2.
5-6-2.
5-6-3.
5-6-4.
For lots containing or intended to contain more than a single per-
mitted use served by neither a public sew system nor a public
water supply, the minSm~n lo.t area shall be: two (2) units
twenty-fSur thousand (24~090) square feet or sore; ~for each ~'
ditional unit above two (2) ... one thousand (1,000) square feet.
In case of unusual soil conditions or other physical factors which
may impair the health and safety of the neighborhood and upon
recommendation of the City-County Health Officer, the Planning
Commission may increase the lot area requirements specified under
Section 5-2 for uses utilizing other than a public ~sewer system.
SETBACK REGULATIONS
All structures, except signs advertising sale or rent of the pro-
perty, shall be located thirty (30) feet or more from any street
right of way.
~!qONTA~E IbEGULATION S
For permitted uses, thirty-five (35) feet or less in height,
served by both a public wewer system and a public water supply, the
minimum lot width at the setback line shall be sixty-five (65) feet
or more, and for each additional permitted use there shall be at
least ten (10) feet of additional lot width at the setback line.
This regulation shall not apply to residential townhouse clusters.
For permitted uses, thirty-five (35) feet or less in height served
by other than a public sewer system and a public water ~supply the
minimum lot width at the setback line shall be eighty (U0) feet or
more, and for each additional permitted use there shall be at
least ten (10) feet additional lot width at the setback line. This
regulation shall not apply to residential townhouse clusters.
YARD REGULATIONS
Side. The minimum side yard for each main structure shall be ten
~-~ feet or more, except that the side yard for main structures
thirty-five (35) feet or more in height, shall be increased one (1)
foot or more for each additional foot of building height over
thirty-five (35) feet up to the maximum required side yard which
shall be not more than fifty (50) feet.
l~ear. Each main structure shall have a rear yard of twenty-five
~-~ feet or more, except that the rear yard for main structures
thirty-five (35) feet or more in height, shall be increased one (1)
food or more for each additional foot of building height over
thirty-five (35) feet up to the maximum required rear yard which
shall not be more than fifty (50) feet.
COVERAGE AND DENSITY REGULATIONS
There shall be no height limit for permitted buildings; provided
that any such buildings over thirty-five (35) feet in height, with
their accessory buildings, may cover not more than twenty-five per
cent (25%) of the gross lot area,exclusive of required off-street
parking areas, and there shall be provided not more than one and
three tenths (1.3) square feet of floor area for each square foot
of gross lot area, exclusive of required off-street parking areas.
This regulation shall not apply to residential townhouse clusters.
In addition to the area required by this ordinance for off-street
parking, there shall also be provided for any multiple family
dwelling in this district not less than fifty (~0) square feet of
recreational area for each dwelling unit, which recreational area
shall be located on the lot and outside of the building.
Church spires, belfries, cupolas, monuments, water towers, chim-
neys, flues, flag poles, television antennae and radio aerials
are exempt. Parapet walls may be up to four (4) feet above the
height of the building on which the walls rest.
No accessory building which is within ten (10) feet of any lot
line shall be more than one (1) story high. All accessory build-
ings shall be less than the main building in height.
FIRE i~EG~ION S
5-8-2.
5'-8-3.
Any building constructed 'in this district to a height of three (3)
stories or more Shall, in addition to the other provisions of this
ordinanceS;: comply in all respects with the regulations promulgated
by the office of the Chief Fire Marshal of the State of Virginia.
EPECIAL PROVISIONS F01~ COENER LOTS
Of the two sides of a corner lot, the 'front shall be deemed to be
the shortest of the two sides fronting on streets.
The side yard on the side facing the side street shall be twenty-
five (25) feet or more for both main and accessory buildings.
For subdivisions platted after the enactment of this oJrdinance,
each corner lot shall have a minimum width at the setback line of
seventy-five (75) feet or more.
ARTICI~, 6. BUBIhTESS, GE~ERAL, DIStRiCT B-1
Generally, this district covers that portion of the community intended
the conduct of general business to which the public requires direct and fre-
quent access, but which is not characterized either by constant heavy trucking
other than stocking and delivery of light retail goods, or by any nuisance
factors other than occasioned by incidental light and noise of congregation of
people and passenger vehicles. This includes such uses as retail stores, banks,
theaters, business offices, newspaper offices, restaurants, and garages and
service stations.
6-1 . USES PERNIT~D
In Business, District B-1, structures to be erected or land to be
used, shall be for one or more of the folZov~ng uses:
6-1-1.
Accessory uses and structures
6-1-2.
Automobile sales, service and rental
6-1 -3-
Automobile service stations
6-1 -4.
Banks and small loan companies
6-1-5.
Beauty shops and barber shops
651-6.
Business signs, general advertising signs, and location signs: no
sign shall be greater in height than thirty (30) feet from ground
level or greater in height than the eave line of the roof of the
main building located on the premises upon which said sign is
erected, whichever is greater. No moving, blinking, flashing, or
color changing shall be permitted.
6-1-?. Churches
6-1-8.
Clubs and lodges; civic, fraternal and patriotic
6-1-9-
Department stores
6-1 - 10. Flori st shops
6-1-11. Funeral homes
6-1-1 2. Gift shops
6-1 - 13. Hardware store s
6-1-14. Home appliances, retail sales and service
6-1-1 5. Hospitals
6-1-16. Hotels and motels
6-1-17.
Jewelry stores
$-1-18. Laundries, coin-operated
6-1-19.
6-1-2o.
6-1-21.
6-1-22.
6-1-23.
6-1-24.
6-1-25.
6-1-26.
6-1-27.
6-1-28.
6-1-29.
6-1-30.
6-1-31.
6-1-32.
6-1-33.
6-1-34.
6-1 -35.
6-1-36.
6-1-37.
6-1-38(
6-1-38(2)
6-1-38(3)
6-1-38(4)
6'1-38(.5)
6-2.
6-3.
Libraries
Newspaper publishing
Office buildings
Optical stores
Photographic supplies, sales and service
Professional offices
Public billiard parlors and pool rooms, bowling alleys, dance
halls, and similar forms of public amusement only after a public
hearing shall have been held by the governing body on an applica-
tion submitted to the body for such use. T~e governing body may
request that the commission submit a recommendation to them con-
cerning such use applications. In approving any such application,
the governing body may establish such special requirements and
regulations for the protection of adjacent property, set the hours
of operation, and make such requirements as they may deem necessary
in the public interest.
Public utilities: poles, lines, distribution substations, pipes,
meters and other facilities necessary for the provision and main-
tenance of public utilities including water and sewerage dis-
tribution facilities.
Radio and teievi~on, retail sales and service
Restaurants
Retail bakery shops
Retail clothing and apparel stores
Retail food stores
Retail furniture stores
Retail laundries and dry cleaning shops
State ABC stores
Theaters (Indoor)
Tailoring shops
Off-street parking, as required by this ordinance
THE .~LI'.OWING USES ALLOWED WITH A CON~..!.TIONAL UEE PERNIT ONLY:
Public utilities; oil and gas transmission pipelines and pumping
stations, microwave and radiowave transmission and relay towers,
electrical transmission lines, towers and substations, and public
water and sewerage transmission and treatment facilities.
Veterinary or dog or cat hospitals
Wholesaling and processing not objectionable because of dust,
smoke, noise, odors or heavy traffic.
Drive-in theaters
Machinery sales and service
AREA I~EGULATION S
None, except for permitted uses, five (5) stories or more in
height (see Section 6-5 of this Article) and uses not served by
a public sewer system and a public water m~pply. The required
area for any such use shall be approved by the City-County Health
Officer. The administrator may require a greater area if con-
sidered necessary by the health official.
SETBACKREGULATIONS
All structures, except signs advertising sale or rent of the l~roper-
ty, shall be located thirty (30) feet or more from any street right
of way.
150
6-4.
6-5-1.
6-5-2.
6-~-3.
6-6.
6-7.
6-7-1.
6-~-2.
6-?-3.
6-?-4.
6-7-5.
6-7-6.
FRONTAGE AND YARD BEGULATIONS
For permitted uses, the minimum side and rear yards adjoining or
dj~acent to a residential or agricultural district shall be fifty
50) feet. Provision for off-street parking shall be made in ac-
cordance with the provisions of Section 10-7 of the ordSnance.
COVERAC~E P~GULATIONS
There shall be no height limit for permitted buildings; provided
that, any such building five (5) stories or more in height may
cover not more th~ forty per cent (40%) of the gross lot area.
Cupolas, monuments, water towers, c~himaeys, flues, ~lag poles,
television antennae, radio aerials and electrical transmission are
exempt. Parapet walls may be up to four (4) feet above the height
of the building on which the walls rest.
No accessory structure which is within ten (10) feet of any lot
line shall be more than one (1) story high. All accessory struc-
tures shall be less than the main structure in height.
FIRE REGULATIONS
Any building constructed in this district to a height of three (3)
stories or more shall, in addition to the other provisions of this
ordinance, comply in all resDects with the regulations promulgated
by the office of the Chief Fire Earshal of the State of Virginia.
ADDITIONAL REQUIB~(~NTS FOR PERMITTED USES
Before a building permit shall be issued or construction commenced
on any permitted use in this district, or a permit issued for a
new use, the plans, in sufficient detail to show the proposed
structures including any enclosure or fence, the landscaping and
the operations and processes to be conducted on the premises,
shall be submitted to the zoning administrator for study. The
administrator shall, together with his written recormmendation,
refer these plans to the Planning Commission for their recommenda-
tion. Eodifications of the plans may be required.
Permitted uses shall be conducted wholly within a completely en-
closed building or ~wlthin an area enclosed ~y such fencing or
screening as the Planning Commission shall recommend in order to
effect the pnrposes of this ordinance.
Landscaping may be required within an established or required front
setback ~tea. The plans and execution must take into consideration
traffi'c hazards. Landscaping m~ay be permitted up to a height of
three (3) feet within fifty ()0) feet from the corner of any
intersecting streets.
Sufficient area shall be provided (1) to adequately screen per-
mitred uses from ad~jacent residential districts and (2) for off-
street parking of vehicles incidental to the business, its employees
and clients.
Automobile graveyards and junkyards in existence at the time of the
adoption of this ordinance are to be considered as nonconforming
uses. They shall be allowed up to eighteen (:~8~ months after
adoption of this ordinance in which to completely screen, on any
side open to view from a public road, the operation or use by a
masonry wall, a uniformly painted solid board fence4: an evergreen
hedge or such other fencing or screening as the Planning Commission
shall reconnnend in order to effect the purposes of this ordinance.
The administrator shall act on any application within thirty (30)
days after receiving the application. If formal notice in writing
is given to the applicant, the time for action may be ex~ended for
an additional thirty-(30) day period. Failure on the part of the
administrator to act on the application v~thin the established
time limit shall be deemed to constitute approval of the applica-
tion.
15'1
ARTICLE 7- INDUSTRIAL, LINITED, DISTRICT ~-1
Statement of Intent
The primary purpose of this district is to permit certain industries,
which do not in any way detract from residential desirabili~ty, to locate in
any area adjacent to residential uses~ The limitation~ on [or provisions
relating to) height of building, horsepower, heating,. ~lammable liquids or
explosives, controlling emission of fumes, odors and/or noise, landscaping,
and the number of persons employed are imposed to protect and foster adjacent
residential desirability while permitting industries to locate near a labor
supply·
7--1-
USES PERN2 TTED
7-1-1 ·
In Industrial District ~-I any structure to be erected or land to
be used shall be for one or more of the following uses:
Accessory uses and structures
7-1-2.
7-1-3-
Assembly of electrical appliances, electronic instruments and de-
vices, radios, and phonographs? Also the manufacture of small
parts, such as coils, condensers, transformers, and crystal holders.
Automobile sales, service and rental
7-1-4.
Boat building
7-! -~.
7-1-6.
7-1-7.
7-158.
7-1-9.
Building material sales yard
Business signs, general advertising signs and location:sigsn: no
sign shall be greater in height than thirty (30) feet from ground
level or greater in height than the cave line of~ the roof of the
main building located on the premises upon which said sign is
erected, whichever is greater. No moving, blinking, flashing, or
color changing shall be permitted.
Cabinets, furniture and upholstery shops
Commercial greenhouses and nurseries
Feed and seed stores
7-1-10 ·
?-t-ll.
7-1-12.
7-1-13.
7-1-14.
7-1-15.
7-1-16.
7-1-17.
7-1-18'.
7-1-19.
7-1-2O.
7-1-21.
Laboratories - pharmaceutical and/or medical
~aoh~
such
drug
prod~
only
~obi
Mon~
0ffi
.nery sales and service
~acture, compounding, processing, packaging or treatment of
products as bakery good, s, candy, cosmetics, dairy products,
s, perfumes, pharmaceuticals, perfumed toilet soa~ toiletries,
?Cod products· ' ~'
?acture of musical instruments, toys, novelties, and rubber
~etal stamps.
?acture of pottery and figurines or other similar cera~ic
~cts, using only previously pulverized clay, and kilns fired
by electricity or gas.
.e home and travel trailer sales and service
nental stone works
~e and business machines, sales and service
0ff~ street parking as required by the ordinance.
See Section 7-2-4.
Plumbing and electrical supplies, sales and storage
Public utilities: poles, lines, transformers, distribution sub-
stations, pipes, meters, and other facilities necessary for the
provision and maintenance of public utilities, including water and
sewerage distribution facilities.
Vending machine sales and services
7-1-22· Veterinary or dog or cat hospital, kennels
1.52
7-1-23.
7-1-24(1)
7-1-24-(2)
7-1-24-(3)
7-1-24(4)
7-1-24(5')
7-1-24-(6)
7-1-24(7)
7-1-24(8)
7-2.
7-2-1.
7-2-2.
?-2-3.
9-2-4.
7-2-5.
7-2-6.
7-3-
7-4.
Oontractor's office and equipment storage yard
THE ~i~,O'WiNG U~S ~T,TO~_~D WITH A CONDITIONAL USE PAR]~T ONLY:
Airports
Drive-in theaters
~oving and storage facilities
Petroleum storage
Public utilities: oil and gas transmission pipelines and pumping
stations, microwave and radiowave transmission and relay towers,
electrical transmission lines, towers and substations, and public
water and sewerage transmission and treatment facilities.
Truck terminals
'Warehousing facilities
Whole sale businesses
REQU~TS FOR PER~ITT~ USES
Before a building permit shall be issued or construction commenced
on any permitted uses in this district, or a permit issued for a
new use, the plans, in sufficient detail to show proposed struc-
tures including any enclosure or fence, the landscaping and the
operations and processes to be conducted on the premises, shall
be st~bmitted to the zoning administrator for study. The adminis-
trator shall, together with his written recommendation, refer these
~lans to the Plying Commission for their recommendation.
fications of the plans may be required.
Permitted uses shall be~..~conducted wholly within a completely en-
closed building or within an area enclosed by such fencing or
screening as the Planning Commission shall recommend in order to
effect the purposes of this ordinance.
Landscaping may be required within an established or required
front setback area. The plans and execution must take into con-
sideration traffic hazards. Landscaping may be permitted up to a
height of three (3) feet within fifty (~0) feet i~om the corner of
any intersecting streets.
Sufficient area shall be provided (1) to adequately screen per-
mitred uses from adjacent business and residential districts and
(2) for off-street parking of vehicles incidental to ~e industry,
its employees and clients.
Automobile graveyards and junkyards in existence at the time of
the adoption of this ordinance are to be considered as noncon-
forming uses. They shall be allowed up to eighteen (18) months
after adoption of this ordinance in which to completely screen, on
any side open to view from a public road, the operation or use by
a masonry wall, a uniformly painted solid board fence, an evergreen
hedge or such other fencing or screening as the Planning Commission
shall recommend in order to effect the Dunposes of this ordinance.
The administrator shall act on any application within thirty (30)
days after receiving the application. If formal notice in writing
is given to the applicant~ the time for action may be ex~ended
for an additional thirty-~30) day period. Failure on the part of
the administrator to act on the application within the established
time limit shall be deemed to constitute approval of the application.
AREA BEGULATiONS
For permitted uses not served by a public sewer system, the re-
quired area for any such use shall be approved by the City-County
Health Officer. The administrator may require a greater area if
considered necessary by the health official.
SETBACK tLEGLE2LTI ON S
153
Ail structures except signs advertising sale or rent of the
property shall be located fifty (50) fleet or more from any
street right of way.
~ S
FRONTAGE AND YARD BEGULATION
For permitted uses the minimum side and rear yards adjoining or
adjacent to a residential or agricultural district shall be
fifty (50) feet or more. Off-street parking shall be in accor-
dance with the provisions contained herein.
7-6.
7 7-
HEIGHT REGUI~%TION S
Buildings may be erected up to a height of si~ty (60) feet. For
buildings over sixty (60) feet in height, approval shall be o'b-
tained from the administrator. Chimneys, flues, cooling towers,
flag poles, radio or communication towers or their accessor~y
facilities no~ normally occupied by workmen are excluded i~rom
this limitation. Parapet walls are permitted up to four (4) feet
above the limited height of the building on which the walls rest.
.COVERAGE REGUL2TION S
Buildings or groups of buildings with their accessory buildings
may cover up to seventy per cent (70~) of the area of the lot.
ARTICLE 8. INDUSTRIAL, GENERAL, DISTRICT E-2
Statement of Intent
The primary purpose of this district is tod establish an area where the
principal use of land is for heavy commercial and industrial operations, which
may create some nuisance, and which are not properly associated with, nor
particularly compatible with residential, institutional and neighborhood com-
mercial service esta"blishments. The specific intent of this district is to:
(a) encourage the construction of and the continued use of the land for heavy
commercial and industrial purposes; (b) prohibit residential and neighborhood
commercial use of the land and to prohibit any other use which would sub-
stantially interfere with the development, continuation or expanzion of com-
mercial and industrial uses in the district; (c) to encourage the discontinuance
of existing uses that would not be permitted as new usesunnder the provisions
of this ordinance.
8-1. USES PERMITTED
In Industrial District E-2, buildings to be erected or land to be
used shall be for one or more of the following uses:
. 8-1-1.
8-1-2.
Accessory uses and structures
Blacksmith shops~ welding or machine shops, including punch presses
exceeding fortY-(40) ton rated capacity and drop hammers.
8-1-3.
Boiler shops
8-1 -4.
Building material sales yards
8-1-5.
Business signs, general advertising signs and location signs: no
sign shall be greater in height than thirty (30) feet from ground
level or greater in height than the eave line of the roof of the
main building located on the premises upon which said sign is
erected, whichever is greater. No moving, blinking, flashing, or
color changing shall be permitted.
8-1 -6.
Coal and wood yards
8-1 -7.
COntractors' equipment storage yards or plants, or rental of
equipment commonly used by contractors
8-1-8.
Moving and storage facilities
8-1-9-
8-1-10.
Off-street parking as required by this ordinance.
Petroleum storage
See section 8-254.
8-1-11. Plumbing and electrical supplies, sales and storage
15' 4-
8-1-12.
8-1-13.
Public utility generating plants
Public utilities: poles, lines, distribution ~ubstations, pipes,
meters and other facilities necessary for the provision and~'~'main-
tenance of public utilities including water and sewerage dis-
tribution facili tie s.
8-1-14.
8-1-15.
Sawmills and planing mills
Septic tank sales and related services
8-1 - 16. Truck terminals
8-1-17.
8-1+18.
Warehousing faci ii tie s
Wood preserving operations
8-1-19. Wholesale businesses
8-1-20(1)
THE FOLLOV~XNG U~ES AI,t,0~ED BSTH A CONDITIONAL USE PERMIT ONLY:
Abattoirs
8-1-20(2) Acid manufacture
8-1-20(3) Asphalt mixing plant
8-1-2o(4)
8-t-20(5)
Automobile assembling, painting, upholstering, repairing, rebuild-
ing, reconditioning, body and fender work, truck repairing or
overhaul-ing, tire retreading or recapping Or battery manufacture.
Brick manufacture
8-1-20(6) Cement, lime and gypsum manufacture
8-1-20(7) Concrete mixing plant
8-1-20(8) Crushed stone operations
8-1-20(9) Fertilizer manufacture
8-1-20(i0) Junk yards (screened)
8-1-20(11) Manufacture, compounding, assemblying, or treatment of articles of
merchandise from the following previously prepared materials:
~one, cellophane, canvas, cloth cork, feathers, felt, fiber, fur,
glass, hair, horn, leather, paper, plastic, precious or s~mi-
precious metals or stone, shell, straw, textiles, tobacco, wood,
yarn and paint.
8-1-20(12) Neat, poultry and fish processing
8-1-20(13) Paper and pulp manufacture
8-1-20(14) Petroleum refining, including by-products
8-1-20(15) Public utilities: oil and gas transmission pipelines and pumping
stations, microwave and radiowave transmission and relay towers,
electrical transmission lines, towers and substations, and public
water and sewerage transmission and treatment facilities.
8-1 -20(16) Quarrying
8-1-20(17) Sand and gravel operations
8-2.
us s
Before a building permit shall be issued or construction commenced
on any permitted uses in this district, or a permit issued for a
new use, the plan, in sufficient detail to show proposed structures
including any enclosure or fence, the landscaping and the operations
and processes to be conducted on the premises, shall be submitted
to the zoning administrator for study. The administrator shall,
together with his written recommendation, refer these plans to the
PZanning Commission for their recommendations. Eodifications of
the pl&us may be required.
8-2-2.
8-2-3.
8-2-4.
8-2-5.
8-2-6.
--4.
8--6.
8-7.
9--1 .
9-1 -1.
Permitted uses shall be conducted wholly within a completely
enclosed building or within an area enclosed by such fencing
or screening as the Planning 0ommission shall recommend in order
to effect the prarposes of this ordinance.
Landscaping may be required within a~y established or required
front setback area. The plans and execution must take into
consideration traffic hazards. Landscaping.ma
Y
be
permitted
up
to a height of three (3) feet within fifty (50)
feet from the
corner of any intersecting streets.
~!~icient area shall be provided (1) to adequately screen per-
mitred uses from adjacent business and residential districts and
(2) for off-street parking of vehicles incidental to the industry,
its employees and clients.
Automobile graveyards and junkyards in existence at the time of
the adoption of this ordinance are to be considered as noncon-
forming uses. They shall be allowed up to eighteen (18) months
after adoption of this ordinance in which to completely ~reen, on
any side upen to view from a public road, the operation or. use by
a masonry wall, a uniformly painted solid board fence, an ever-
green hedge, or such other fencing or screening as the Planning
Oommission shall recommend in order to effect the purposes of
this ordinance.
The administrator shall act on any application received within
thirty (30) days after receiving the application. If formal
notice in v~iting is given to the apptica~,t,, the time for action
may be extended for an additional thirty-(30) day period. Failure
on the part of the administrator to act on the application within
the established time limit shall be deemed to constitute approval
of the application.
AREA REGULATIONS
For permitted uses not served by a public sewer system, the re-
quired area for any such use shall be approved by the City-County
Health Officer. The administrator may require a greater area if
considered necessary by the health official.
SETBACK REGULATIONS
All structures except signs advertising sale or rent of the pro-
perty shall be located fifty (50) feet or more from any street
right of way.
ERONTAGE AND YARD REGULATIONS
For permitted uses the minimum side and rear yards adjoining or
adjacent to a residential or agricultural district shall be one
hundred (100) feet or more. Off-street parking shall be in ac-
cordance with the provisions contained herein.
HEIGHT REGULATIONS
Buildings may be erected up to a height of sixty (60) feet. For
buildings over sixty (60) feet in height, approval shall be ob-
tained from the administrator. Chimneys, flues, cooling towers,
flag poles, radio or communication towers or their accessory
facilities, not normally occupied by workmen, are excluded from
this limitation. Parapet walls are permitted up to four (4) feet
above the limited height of the building on which the walls rest.
COVERAGEP~GULATIONS
Buildings or groups of buildings with their accessory buildings
may cover up to seventy per cent (70%) of the area of the lot.
ARTICLE 9- NONCONFOI~MING USES
CONTINUATION
If at the time of enactment of this ordinance, there is any legal
activity which is being pursued, or any lot or structure being
legally utilized in a manner or for a purpose which does not con-
form to the provisions of this ordinance, such manner of use or
9-1-2.
9-1-3-
9-1-4.
9-2-
9-3-
9-5'-1.
9-~-2.
9-6.
9-6-1.
9-7-
9-7-1.
9-7-2.
purpose may be continued as herein provided, except that adver-
$ising structures that become nonconforming because of a re-
zoning have twenty-four (24) months within which to relocate
in a permitted area.
If any change in title or renewal of a lease of any such lot or
structure occurs, the use existing may be continued.
If any nonconforming use, structure or activity is discontinued
for a period exceeding two (2) years after the enactment of this
ordinance, it shall be deemed abandoned, and any subsequent use
shall conform to the requirements of this ordinance.
'Whenever a nonconforming structure, lot or activity has been
changed to a more limited nonconforming use, such existing use
may only be changed to an even more limited use.
Temporary seasonal nonconforming uses that have been in con-
tinual operation for a period of two (2) years or more prior to
the effective date of the ordinance are excluded.
CERTIFICATES OF OCCUPAN0~Z FOE NONCONFOPd~ING USES
All nonconforming uses shall be issued a certificate of occupancy
within six (6) months after the adoption of this ordinance.
I~PAIES AND ~AINTEN~[CE
On any building devoted in whole or in part to any nonconforming
use, wo~J~ may be done on ordinary repairs or on repair or replace-
ment of non-bearing walls, fixtures, wiring or plumbling, to such
extent that the structure is kept in a usable condition. Nothing
in this ordinance shall be deemed to prevent the strengthening or
restoring 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 DI S~RICT 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 article.
EXPANSION Ot~ E~GENENT
A nonconforming structure to be extende&~or enlarged shall conform
with the provisions of this ordinance,
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 ordinance.
NONCON~DP~ING HOTS
Any lot of record at the time of the adoption of this ordinance
which is less in area or width than the m~nimum required by this
ordinance may be used when the requirements of the Board of Zoning
Appeals regarding setbacks, side and rear yards are met.
All preliminary and final subdivision plats approved prior to
April 1~, 1968 by the County of Albemarle, as provided by law then
applicable, are exempt from the terms hereof and allowed as non-
conforming lots.
~STORATION OR tLEPLACENENT
If a noncon/~orming activity or structure is destroyed or damaged
in any manner, to the extent that the cost of restoration to its
condition before the occurrence shall exceed seventy-i~ive per cent
(75%) of the cost of reconstructing the entire activity or struc-
ture, it shall be restored only if such use complies with the
requirements of this ordinance. However, property o%mers so
affected may take recourse to obtain rezoningl
Where a conforming structure devoted to a nonconforming activity
or a nonconforming structure is damaged less than seventy-five per
157'
9 -7 -4..
10-1.
10'1 -1.
10-t-2.
10-1 -3.
10-2.
10-3.
i0-3-1.
10-3-2.
cent (75%) of the cost of reconstructing the entire structure,
either may be repaired or restored, provided any such repair
or restoration is started within twelve (12) months and com-
plete& within thirty (30~ months from'~.the date of partial
de struction.
The cost of land or any factors other than the cost of the struc-
ture are excluded in the determination of cost of restoration for
any structure or activity devoted to a nonconforming use.
If a nonconforming structure be a single ~mily dwelling or an
historical area as herein defined, it may be restored or re-
placed regardless of the percentage of destruction.
ARTICLE 10. GENERAL PROVISIONS
ZONING PER~IT S
Buildings or structures shall be started, reconstructed, enlarged
or altered only after a zoning permit has been obtained from the
admini str ator.
The Commission may request a review of the zoning permit approved
by the administrator in order to determine if the contemplated use
is in accordance with the district in which the construction lies.
Each application for a zoning permit shall be accompanied by three
(3) copies of a scale drawing. The drawing shall show the size
and shape of the parcel of land on which the proposed building is
to be constructed, the nature of the proposed use of the building
or land, and the location of such building or use with respect to
the property lines of said parcel of land and to the right of way
of a.uy street or highway adjoining said parcel of laud. Any other
information which the administrator may deem necessary for con-
sideration 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 ad-
ministrator. One (t) copy of this drawing shall be returned to
the applicant with the permit.
CERTIFICATES OF OCCUPANCY
Land may be used or occupied and buildings structurally altered
or erected may be used or changed in use only after a certificate
of occupancy has been issued by the administrator. Such a permit
shall state that the building or the proposed use, or the use of
the laud complies with the provisions of this ordinance. A similar
certificate shall be issued for the purpose of maintaining, re-
newing, changing, or extending a nonconforming use. A certificate
of occupancy either for the whole or a part of a building shall be
applied for simultaneously with the ~aDplication for a zoning per-
mit. The permit shall be issued within ten (10) days after the
erection or structural alteration of such building or part has
conformed with the provisions of t~ts ordinance.
CONDITIONAL USE PER~ZTS
Where premitted by this ordinance, the location of hotels, motels,
mobile home parks, commercial amusement parks, hospitals, mobile
homes, airports, borrow pits, hog farms, sanitary fill method
garbage disposal, refuse sites, and other permitted uses as indi-
cated, shall require, in addition to the zoning permit and certi-
ficate of occupancy, a conditional use permit. These permits shall
be subject to such conditions as the governing body deems necessary
to carry out the intent of this ordinance. Th~ governing body may
delegate the authority to set conditions to the Board of Zoning
Appeal s.
In determining conditions to be imposed, the governing body shall
take into consideration the intent of t~zis ordinance and may impose
reasonable conditions that:
(a)
(b)
Abate or restrict noise, smoke, dust, or other elements that
may affect surrounding property;
Establish setback, side, front and rear yard requirements
necessary for orderly expansion and to prevent traffic con-
ge stion;
158
lO-3-3.
lO-3-4.
10-4.
10-5.
10-5-t.
10-6.
10-7.
lO-7-1.
lO-?-2.
(c)
Provide for adequate parking and ingress and egress to
public streets or roads;
Provide adjoining property with a buffer or shield from view
of the proposed use if such use is considered to be detri-
mental to adjoining property;
(e)
Tend to prevent such use from changing the character and
established pattern of development of the community.
No such Conditional Use Permit may be granted except after notice
and hearing as provided A. in Section 1~.1-431, of the Code.
Any use, building, or activity legally in existence on the effec-
tive date of this ordinance or for which a building permit was
issued prior to the effective date of this ordinance, shall not
require a Conditional Use Permit, so long as such existing use,
building or activity is not 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.
'USES NOT PROVIDED
If in any district established.under this ordinance, a use is not
specifically permitted and an application is made by a property~
owner to the administrator for such use, the administrator shall
refer the application to the Planning Commission which shall make
its recommendation to the governing body within thirty (30) days.
If the recommendation of the Planning 0on,mission is approved by
the governing body, the ordinance shall be amended to list the use
as a permitted use in that district, henceforth. The provisions
for notice and hearing provided in Section 1~. 1-431 of the 0ode
shall be applicable to the amendment procedure herein set forth.
COSTS OF PUBLICATION
Every application made to. the aaministrator, the board, the commis-
sion, or the governing body which requires notice and hearing ih
accordance with the policy of the governing body, shall be accom-
panied by a fee of twenty dollars ($20.00) Dayable to the Director
of Finance to defray the cost of publication in a newspaper of
general circulation in the county.
No such fee as provided for in Section 10-~-1 of the ordinance shall
be required of an individual making his first application to rezone
a parcel of his land from Agricultural A-1 to Residential t~-1, if
the resulting residential lot would contain less than two (2) acres.
WIDENING OF HIGHWAYS AND SX!tEETS
'Whenever there shall be plans in existence, approved by either the
State Department of Highways or by the governing body for the
widening of any street or highway, the Commission may recommend
additional front yard setbacks for any new construction or for any
structures altered or remodeled adjacent to the future planned right
of ray, in order to preserve and protect the right of way for such
proposed street or highway widening.
MINIMU~ 0FF-~T PARKING
There shall be provided at the time of erection of any main building
or at the time any main building is enlarged, minimum off-street
parking space with adequate provision for entrance and exit by
standard sized automobiles, as follows:
In all residential districts there shall be provided either in a
private garage or on the lot, space for the parking of two (2~
automobiles for each family dwelling unit in a new building, or
each family dwelling unit added in the case of the enlargement of
an existing building, except multiple family dwellings containing
more than six (6) dwelling units, in which case Section 10-7-6 of
this article shall control.
Tourist homes, courts, and motels shall provide on the lot, parking
space for one (1) automobile for each guest room or dwelling unit.
159
lO-7-3.
lO-?-4.
lO-?-5.
lO-7-6.
lO-?-?.
lO-7-8.
10'7-9-
10-?+:10,~
10-8.
lo-8-1.
10-8-2.
lO-8-3.
10-8-4.
10-~).
Zor church, high school, college and university auditoriums, and
for theaters, general audit0riums~ ~stad!~u.m.s and other ~similar
pl~aces of assembly, at least one ~1) par~ing space for every five
(~) fixed seats provided in said building or structure.
.~or h~spitals, at least one (1) parking space for each two (2)
beds' capacity, including infants' cribs and children's beds.
for medical and dental clinics, at least ten (10) parking spaces.
Three (3) additional parking spaces shall be furnished for each
doctor or dentist having offices in such clinic in excess of three
(3) doctors or dentists.
For apartments, at least one and one-half (1 1/2) parking spaces
for each individual dwelling unit. for hotels and apartment
motels at least one (1~) ~arking space for each Sleeping room, up
to and including the iir~t twenty (20) sleeping rooms, and one
(1) parking .spage for each two and one-half (2 1/2) sleeping rooms
over twenty [ 20).
For fmmeral homes, at least thirty (30) parking spaces.
For retail stores selling direct to the public, one (1) parking
space for each one hundred (100) square feet of retail floor
space in the building.
Any other commercial building not listed above hereafter erected,
converted or structurally altered shall provide one ( 1 ) parking
space for each One hundred (100) square feet of business floor
space in the building.
~arking space as required in the foregoing shall be on' the same
lot with the main building, except that in the case of buildings
other than dwellings, spaces may be located as far away as~ six
bunds?ed (600) feet. Every parcel of land hereafter used as a
public parking area shall be surfaced with gravel, stone, asphalt
or concrete. It shall have appropriate guard structures where
needed as determined by the administrator. Any lights used to
illuminate said parking areas shall be so arranged as to reflect
the light away from adjoining premises in a residential district.
LOADING AND UNLOADING ABEAS
Separate from the required off-street parking requirements and on
the same premises with every building or structure erected and
occupied for manufacturing, storage, warehouses, goods display,
retail store, wholesale business,, hotel, hospital, laundry, dry
cleading or other uses similarly involving the receipt or dis-
tribution by vehicles of materials or merchandise, there shall be
provided and maintained adequate off-street space for standing,
loading and unloading purposes.
At least one off-street space shall be provided for each twenty
thousand (20,000) square feet of floor area or fraction thereof
used or intended to be used for any of the above purposes; pro-
vided, that this provision shall not apply to buildings or
structures containing less than two thousand five hundred (2,500)
square feet of floor area.
Such off-street loading space,shall be a minimum of twelve (12)
f~et in width, fourteen and one,-half (14 1/2) feet in clearance
height and of a depth sufficient to accommodate the largest de-
livery trucks serving the .establishmen~t,. but in no case shall
such length be less than twenty-five (2~) feet.
All loading and unloading berths shall be surfaced-with a bitumi-
nous or other dust-free surface, and if the loading berths front
on a public street, the trucks shall at no time project onto the
sidewalk or street.
PEBia~NT EOBILE HO~'E P~KS
The location of mobile home parks shall require, in addition to
the zoning permit and certificate of occupancy, a conditional
use permit issued by the governing body. Operators of such parks
shall comply with the following provisions:
160
10-9-2.
lO-9-3.
10-9-4.
10-9-5.
lO'-9-6.
lO-9-7,
10-10.
10-10-1.
10-10-2.
lO-lO-3.
10-~0-4.
lO-lO-5.
10-10-6.
10~10-?.
10-11.
10-11-1.
Area Requirements. For each mobile home space, within a park
having a central water and sewer system, and designed to accom-
modate one (1) mobile home there shall be provided three thousand
(3,000) square feet of area or more which shall front on an
internal street or road.
Width. Each mobile home space shall have a minimt~m width of
forty (40) feet.
Dists~zce Betwe.e~. Eobile Homes. Parking spaces for mobile homes
shall be arranged so as to provide a distance of twenty (20) feet
or more between individual units, but in no case closer than five
(5) feet to the individual lot line of the mobile home space.
Sanitary Facil. it. ies. Each mobile home space shall be provided
with an individual connection to a public sewer system where the
same may be made available as an addition or extension to existing
facilities; provided, however, that in those areas where existing
facilities are not .available, individual connections to sanitary
septic systems servzng one, two or three mobile home spaces may
be approved upon the recommendation of the City-County Health
Officer and in accordance with the Sanitation Ordinance of Albe-
marle County. Where sanitary septic systems are appr.oved, the
Planning Commission may. increase the lot area requirements in the
case of uuusual soil conditions or other physical factors which
may impair the haaith and safety of the neighborhood and upon the
recommendation in writing of-the City-County Health Officer.
public 'Waker Suppiy~. Each mobile home space shall be provided with
an individual connection to a public water supply.
Electrical 0onnections. Each mobile home space shall be provided
with electrical outlets installed in accordance with the National
Electrical Code.
Off-Street ~arkin. g. Each mobile home space shall be provided with
off-street parking suitable to accommodate not less than two (2)
standard sized automobiles.
TEMPORARY TRAII~R P~YRKS
0onditional use permits for temporary trailer parks may be issued
by the governing body, subject to the foliov~[ng conditions:
That the location of a temporary trailer 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 to by the industry or
State Department of Highways as being essential to the construction.
That a minimum area of two thousand (2,000) square feet be provided
for each s~ace.
That sanitary facilities conform to the State Health Department's
"Trailer Camp Sanitation" requirements.
That the period for operating such temporary park shall concur ~th
the anticipated period of the construction. Application for renewal
may be submitted if more time is required to complete the project.
However, such renewal applications must be filed at least forty-five
(45) days prior to the expiration of the original temporary use
permit.
Bond. The governing body, in granting such a conditional use per-
mit, may require the posting of a bond to assure that the temporary
trailer court will be removed and the site left in good order at
the expiration of the permit.
The governing body shall establish such additional requirements
as are in the best interest of the public.
I~E~RICTION. S ADJACENT TO ~I~P0~..TS
Estabiis. hment of Aooroach Zones. The Co~mission shall determine
whether there exists any areas which would be involved under the
Federal Aviation Agency's criteria for determining obstruction
to air navigation. If there are, they s~all be marked on a cody
10-11-2.
lO-11-3.
10-11-4.
10-12.
10-12-1.
10-12-2.
10-12-3.
11-1.
11--$-1.
1 1-1-2.
11-1-3.
1 1-1-4.
of a zoning map in the office of the administrator.
available to the public for examination.
It shall be
The ad~ministrator shall prepare such height and other regulations
governing the construction of buildings and structures within such
area. They::~ are to be consistent with the Federal Aviation
Agency's recommendations. Following approval by the governing
'body, the administrator shall enforce these regulations.
Places of public assembly, s~ch as schools, churches, hospitals,
apartment houses, theaters and assembly halls shall not be
erected Sr otherwise located in any area which would be classified
as an "approach zone". This "zone" includes an area of eleven
thousand [11,000) feet from the end of any runway. The "approach
zone" for airports accommodating heavy jet aircraft extends out
three and one-half (3 1/2) miles from the end of the runway.
Notwithstanding any other provisions of the ordinance, no use shall
be made of land within any approach zone in such a manner as to
create electrical interference with navigational radar er radio
communication betweentthe airport and aircraft, make it difficult
for flyers to distinguish between airport lights and other lights,
result in glare in the eyes of flyers using the aircraft, impair
visibility in the vicinity of the airport or otherwise en~langer
the landing, taking off, or maneuvering of aircraft.
MOBILE H0~AE SUBDIVI SIONS
Ninimum Size of Mobile Home Sulxlivisions.
The rminimum number of lots p~rovided in any one mobile horn sub-
division shall be twenty (20).
Ninimum Lot Size.
The minimum lot size shall be 20,000 sq. ft. or more as may be
recommended by the Charlottesville-Albemarle Health Department
except where public sewerage and water are available, lot size
may be reduced to 15,000 sq. ft.
Subdivi sion Contro 1.
All Mobile ttome Subdivisions shall adhere to the requirements of
the Albemarle County Subdivision Ordinance as amended.
ARTiCTR 1 1. PROVISIONS FOR A~PEAL
BOARD OF ZONING APPEALS~ A~POINT~ENT 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. Any member of the board shall be
disqualified to act upon a matter before the board with respect to
property in which the member has an interest.
Within the limits of funds appropriated by the governing body, the
board may employ or contract for secretaries, clerks, legal counsel,
consultants, and other technical and clerical services.
Members of the board may receive such compensation as may be
authorized by the governing body.
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 adopt such rules and regulations
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. ~he
chairman, or, in his absence, the acting chairman, may administer
oaths and compel the attendance of witnesses. The board shall
keep m~nutes of its proceedings, showing the vote of each member
11-2.
11 -2-1.
11-2-2.
11-2-3.
1 1 -2-4.
11-2-6.
upon each question, or if absen_t or failing to vote,, indicating
such fact. Ail records of official actions shall be come a part
of the permanent records of the board. Ail meetings of the board
shall be open to the public. A quorum shall be at least three (3)
members. The concurring vote of three (3) members of the board
shall be necessary to reverse any order, requirement, decision, or
determination of any administrative official or to decide in favor
of the applicant on amy matter which comes before the board.
t:'0~YE1RS AND DUTIES 0ff Tt~ B0_g.RD OF ZONING- APPEALS
Boards of zoning appeals shall have the following powers and
duties in accordance with Section 1~.1-495, of the Code:
To hear and decide appeals from any order, requirement, decision,
or determination made by an administrative officer in the adminis-
tration or enforcement of this ordinance or regulation adopted par'-
suant hereto.
To authorize upon appeal 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 provisions 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 the ordinance, or where by reason of
exceptional topographic conditions or other extraordinary situtation
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 effectively prohibit or
reasonably restrict the use of the property or v/mere the.board is
satisfied, upon the evidence heard by it, that the granting of such
variance will alleviate a clearly demonstrable hardship approaching
confiscation, as distinguished from a special privilege or con-
venience 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 un~ess it finds:
(a) that the strict application of this ordinance would produce
undue hardship; (b) that such hardship is not shared generally by
othe~r 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.
No such variance shall be authorized except after notice and hearing
as required by Section 15.1-431 of the Code.
No variance shall be authorized unless the board finds that the
condition or Situation of the property concerned or the intended
use of the property is not of so general or recurring a nature as
to make reasonabl.~ practicable the formulation of a general regula-
tion to be adoptek as an amendment to the ordinance.
In authorizing a variance the board may impose such conditions
regarding the location, character and other faatures of the pro-
posed structure or use as it may deem necessary in the public
interest, and may require a guarantee or bond to insure that the
conditions imposed are being and will continue to be complied with.
To hear and decide appeals from the decision of the zoning adminis-
trator on applications for such special exceptions as may be
authorized in this ordinance, which may be delegated to the board
by the governing body. The board may impose such conditions re-
lating to the use for which a permit is granted as it may deem
necessary in the public interest and may require a guarantee or
bond to insure that the conditions imposed are being and ~iil con-
tinue to be complied with.
No such special exception may be granted except after notice and
hea~ing as provided in Section 15.1-&31, of the Oode.
163
11-3.
1'1 -4-.
1 1'-4.~ 1 ,.
I 1-4.-2.
11-5.
tl-6.
tl-6-1.
11-6-3.
11-6-4.
11-6-5.
To hear and decide applications for interpretation OF the zoning
map where there is any uncertainty as to location of a district
boundary. After notice to the owners of the properties affected
by any such question, and after public hearing with notice as
required by Section 15.1-431, of the Code, the board may interpret
the map in such way as to carry out the intent and purpose of the
ordinance for the particular section or district in question. The
board 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.
2PPEAL TO THE BOARD OF ZONIN¢ A~PEALS
Appeal to the board may be taken by any person aggrieve& 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, a notice of
appeal specifying the grounds thereof. The zonmng administrator
shall forthwith transmit to the board 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 that by reason of facts stated in the certificate, a stay
would in his opinion, cause i~minent peril to life or property, in
which case proceedings shall not be stayed otherwise than by a
restraining order granted by the board or by a court of record, on
application and on notice to the zoning administrator and for good
cause shown.
~0~~ 2~ APPEAL
Appeals shall be mailed or presented to the board of zoning appeals
c/o the zoning administrator, and a copy of the appeal mailed or
presented to the secretary of the Planning Commission.
Appeals requiring an advertised pu~!ic hearing shall be accompanied
by a fee of twenty dollars ($20.00) payable to the Director of
Finance, to defray the cost thereof.
PUBLiC HEARING
The board shall fix a reasonable time for the hearing of an ap-
plication or.appeal, give public notice thereof purSUant to
~ection 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 may reverse or affirm, wholly or
partly, or may modify the order, requirement, decision, or
determination appealed from. The concurring vote ol three (3)
members shall be necessary to reverse any order, requirement, de-
cision, or determination of an administrative officer or to ~ecide
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.
SPECIAL EXCEPTIONS
The board may, upon application, in accordance with Section 15.1-496
of the Code, grant a special exception to the regulations of the
districts set forth in tl~s ordinance; provided, however, all ex-
ceptions granted shall by their design, construction, and operation
adhere to the following provisions:
Shall adequately safeguard the health, safety, and welfare of the
occupants of adjoining and surrounding property.
Shall not impair an adequate supply of light and air to adjacent
property.
Shall not increase congestion in the public streets nor danger of
fire or other hazards.
Shall not tend to diminish or impair established property values
in surrounding areas.
Shall observe the spirit of this ordinance in such manner that
substantial justice is done.
tl-6-6.
11-7,
11-7-1.
11-7-2.
11-7-3.
1 1-7-4.
11-7-5.
12-1.
13-2.
13-1 ·
Any special exception granted by the board shall be considered
cancelled if the applicaut does not avail himself of the privi-
lege within ninety (90) days from the date of issuance of the .
exception. An extension of time up to an additional ninety (90)
days shall be granted by the board upon written application and
for good cause shown.
DECISION OF BOARD OF ZONING 2PPEALS
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 aggrieved within thirty (30) days after the
filing of the decision in the office of the board.
Upon the presentation of such petition, the court shall allow a
writ of certiorari to review the decision of the board of zoning
appeals and shall prescribe therein the time within which a return
thereto must be made and served upon the relator's attorney, v~aich
shall not be less than ten (10) days and may be extended by the
court. The allowance of the writ shall not stay proceedings upon
the decision appealed from but the court may, on application, on
notice to the board and on due cause shown, grant a restraining
order.
The board of zoning appeals shall not be required to return the
original papers acted upon by it, but it shall be sufficient to
return certified or sworn copies thereof or of such portions
thereof as may be called for by such writ. The return shall con-
cisely set forth such other facts as may be perti~nt and material
to show the gro~muds of the decision appealed from and shall be
verified.
If, upon the hearing, it shall appear to the court that testimony
is necessary for the proper disposition of the matter, it may take
evidence or appoint a commissioner to take such evidence as it may
direct and report the smue to the court with his findings of fact
and conclusions of law, which shall constitute a part of the pro-
ceedings upon which the determination of the court shall be made.
The court may reverse or affirm, wholly or partly, or may modify
the decision brought up for review.
Costs shall not be allowed against the board, unless it shall ap-
pear to the court that it acted in bad faith or v~th malice in
making the decision appealed from.
ARTICLE 12. VIOLATION A~-D PENALTY
All departments, officials, and public employees of this juris-
diction which are vested with the duty or authority to issue
permits or licenses shall conform to the provisions of this ordi-
nance. They shall issue permits for uses, buildings, or purposes
only when such permits are in harmony with the provisions of this
ordinance. Any permit, if issued in conflict v~th the provisions
of this ordinance, shall be null and void.
Any person, firm or corporation, whether as principal, agent,
employee or otherwise, violating, causing or permitting violation
of any of the provisions of this ordinance .shall be guilty of a
misdemeanor and upon conyiction, thereof, may be fined not less
than~ ten dollars ($10.00) nor more than two hundred fifty dollars
($250.00). Such p~rson, firm or corporation shall be deemed to be
guilty of a separate offense for each and every day during which
any portion of any violation of this ordinance is committed, con-
tinued, or permitted by such person, firm, or corporation and
shall be punishable as herein provided.
ARTI~L 1 3. ANENDNENTS
The regulations, restrictions and boundaries established in this
ordinance may, from time to time, be amended, supplemented, changed,
modified, or repealed by the governing body pursuant to Section
15.1-493 of the Code, as follows:
By the filing with the Zoning Administrator of a petition by owners
or contract owners of land proposed to be rezoned, which petition
shall be accompanied by a fee of $20.00.
165
13-1-2.
13-1-3.
13-2.
13~3.
14-2.
14-3.
'14--4-1.
By the adoption by the Board of County Supervisors of a resolution
of intention to amend, which resolution, upon adoption, shall be
referred to the Planning Oommission.
By the adoption by the Planning Commission of a resolution of
intention to propose an amendment.
The Planning Commission shall hold at least one public hearing on
such~ proposed amenament after notice as required by Section 15.I-
431 of the Code, and may make appropriate changes in the proposed
amendment as a result of such hearing. Upon the completion of its
work, the Commission shall present the propo seal amendment to the
governing body together with its recommendations and appropriate
explanatory mat erial s.
Before approving and adopting any amendment, the governing body
shall hold at least one public hearing thereon, pursuant to public
notice as required by Section 15.1-431 of the Code, after which
the governing body may make appropriate changes or corrections in
the proposed amendment; provided, however, that no additional land
may be zoned to a different classification than wasccontained in
the public notice without an additional public hearing after notice
required by Section 15.1-431 of the Code. Au affirmative vote of
at least a majority of the members of the governing body shall be
required to amend the zoning ordinance.
In the event that the governing body shall deny the petition of any
property owner or other petitioner ~6' amend this ordinance, sub-
stantially the same petition shall not be reconsidered for a period
of one (~) year from the date of the original denial of the govern-
ing body.
AItTIC~E 14. AD~INISERATION ~D INTERPRETATION
This ordinance shall be enforced by the administrator who shall be
appointed by the governing body. The administrator shall serve at
the pleasure of that body. Compensation for such shall be fixed
by resolution of the governing body.
Nothing contained herein shall require any change in the plans or
construction of any building or structure for which a permit was
granted prior to the effective date of this ordinance. However,
such construction must commence within six (6) months after this
ordinance becomes effective. If construction is discontinued for
a period of six (6) months or more, further construction shall be
in conformity with the provisions of this ordinance for the
district in which the operation is located.
The office of the administrator shall be located in the County
Office Building. Telephone number, 296-5621. The office of the
administrator shall be open for the conduct of business each Monday
through Friday, inclusive, ( except legal holidays) between the
hours of 8:00 A.E. and 5:00 P.E. to assist the public in seeking
and obtaining zoning permits, certificates of occupancy, con-
ditional use permits, special exceptions as herein provided,
additional uses and amendments to this ordinance, and the zoning
map or in regard to any other revelant matter arising out of this
ordinance. It Shall be a duty of the administrator to ensure that
a copy of the zoning map is maintained in the County Office Build-
ing for inspection by the public during the hours herein stated,
and such map shall be kept current and shall reflect amendments
as they are adopted by the governing body. The administrator shall
have on hand in his office a sufficient supply of each form ~zich
may be required by any provision of this ordinance and the adminis-
trator and his staff shall be charged with the duty of rendering
assistance as necessary to the proper completion and processing of
such forms. Personal conferences with the administrator may be
scheduled by writing or telephoning his office for an appointment.
INTERPRETATION
Unless district boundary lines are fixed by dimensions or Otherwise
clearly shown or described, and where uncertainty exists with
respect to the boundaries of any of the aforesaid districts as
shown on the zoning map, the following rules shall apply:
Where district boundaries are indicated as approximately following
or being at right angles tothe center lines of streets, ~ighways,
alleys, or ~aiiroad main tracks, such center lines or lines at right
anqles to such center lines shall be construed to be such boundaries,
as the case may be.
here a district boundary is indicated to follow a river, creek or
branch or other body of water, said bo~umdary shall be construed to
follow th~ center line at low water or at the limit of jurisdiction;
and in the event of change in the shoreline, such boundary shall
he construed as moving with the actual shoreline.
If no distance, angle, curvature description or other means is
given to determine a boundary line accurately and the foregoing
provisions do not apply, the same shall be determined by the use
of the scale shown on said zoning map. In case of subsequent
dispute, the matter shall be referred to the Board of Zoning Appeals
which shall determine the boundary.
14-5.
W, FFE 0TI VE DATE
14-6.
This zoning ordinance of Albemarle 0ounty, Virginia, shall become
effective immediately upon adoption ~ this ordinance by the Albe-
marle 0ounty Board of Supervisors.
EEVERABILITY
Should any section or provision of this ordinance be decided by the
courts to be unconstitutional or invalid, such decision shall not
affect the validity of the ordinance as a whole, or any part therof
other than the part so held to be unconstitutional or invalid.
14-7.
CONFLICTING ORDINANCES, STATUTES AND 1KEGULATIONS
Whenever any section of provision of this ordinance or of any regu-
lation adopted under the authority of this ordinance requires a
greater width or size of yards, courts or other open spaces, re~
quires a lower height of building or less number of stories, re-
quires a greater percentage of lot to be left unoccupied or
imposes other higher standards than are required in the State
statute or other county ordinance or regulation, the provision of
this ordinance or of the regulation adopted under the authority
of this ordinance shall govern. V~henever any section or provision
of any State statute or other county ordinance or regulation re-
quires a greater width or size of yards, courts, or other open
spaces, requires a lower height of building or a less number of
stores, requires a greater percentage of lot toLbe left unoccu-
pied or imposes other higher standards than are required by any
section or provision of this ordinance or of any regulation
adopted under the authority of this ordinance, the provisions of
such State statute or other county ordinance or regulation shall
govern.
14.-8.
A certified copy of the foregoing zoning ordinance of Albemarle
County, Virginia, shall be filed in the office of due zoning ad-
ministrator of Albemarle County, and in the office of the Clerk
of the Circuit Court of Albemarle County, Virginia.
At~TICLE 1 5. DEFINITIONS
Defined herein are those terms and names used which mig~ht be subject to
other interpretations. Where terms are sufficiently identified within the
text of the ordinance, the definition item will refer to that section number.
The words" used for" include "designed for", and vice versa; words
used in th~ present tense include the future; words in singular
number include the plural number and vice versa; the word "building" in-
cludes the word "structure", the word "dwelling" includes the word "residence";
the word "lot" includes the word "plot"; and the word "shall" is mandatory
and not directory.
ABBATOIR: A commercial slaughter house.
ACCESS0i~¥ U~ 01~ S~qUCTL~qE: A subordinate use or structure cus-
tomarily incidental to and located upon the same lot occupied by
the main use or building.
ACREAGE: A parcel of land, regardless of area, described by metes
and bounds which is not a numbered lot on any recorded subdivision
plat.
16'7
15-4.
15-6.
15-8.
15-9.
15-10.
15-11.
15 13'
15-14.
15-17.
15-18.
ADNINISTR~TOB, TH~..: The official charged with the enforcement of
the zoning ordinance. He may be any appointed or elected official
who is by formal resolution designated to the position by the
governing body. He may serve with or without compensation as
determined by the governing body.
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.
~TERATION: Any change in the total floor area, use, adaptability,
or external appearance of an existing structure.
ApAt~T HOUSE~ A building used or intended to be used as the
residence of five (5) or more f~m~ lies or individuals living
independently of each other.
AUTONOBI~..~ GRAVEYAItD: Any lot or place which is exposed tothe
weather upon which more than two (2) motor vehicles of any kind,
incapable of being operated and which it would not be economically
practical to make operative, are located or found. See also '
"junkyard".
BA~: 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 premi se s.
BOABf0ING HOUSE: A dwelling, other than a hotel, where, for com-
pensation, meals or loding and meals are~'?provided for three (3)
or more but less than fourteen (14) persons.
animais or chattels.
BUILDING, ACCESSORY: Any structure having a roof supported by
columns or walls, for the housing or enclosure of persons,
BUILDING: A subordinate structure customarily incidental to and
located upon the same lot occupied by the main structure.
BUILDING, HEIGHT 0~]].:~ 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 to the
mean height level between the eaves and ridge of a gable, Y~p, 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~ ~h~IN: The principal structure or one of the prin~ipai
buildings on a lot, or the 'building or one of the principal
buildings housing the principal use o~ the lot.
CANPGROUND: An area containing five (5) acres or more of land
developed by the owner to accommodate paying guests for stays of
short duration in tents designed for single families or travel
trailers owned by the guests. Campgrounds must comply with
regulations for sanitation imposed by the City-County Health
OffiCer; and a conditional use permit shall be obtained in
every case.
CA~,, SU~: An area containing not less than ten (10) acres
owned and/or operated privately for profit or by a charitable,
religious or civic organization, where children or adults are
lodged and fed in tents or similar rustic shelters during
vacation periods and instruction in outdoor activities, crafts,
sports, and similar pursuits is furnished. Included in this
definition are day camps.
CET~.~: A story having more than one-half (1/2) of its height
below grade and which may not be occupied .for dwelling purposes.
CEKETERY: A privately or church owned and/or operated place for
burial of the dead where lots are sold and perpetual care of the
graves is furnished.
1.5'-20.
1 ~-22.
1 -23.
1 ~-26.
1 -28.
1~-29.
1~-30.
1~-32.
1~-33.
¢-34.
15-36.
.CODE~ THE: The Code of Virginia, as the same may be amended from
time to time.
COMMI SSION ~ THE:
Virginia.
The Planning Commission of Albemarle Ootuuty,
COUN~qY CLUB: Any non-profit corporation organized and operated
to provide facilities for dining, golf, tennis and swimming kO
its' private self-perpetuating membership. Civic, fraternal,
and patriotic clubs and lodges whether operated for profit or not.
shall not be deemed country clubs.
DAIRY: A commercial establishment for the manufacture and sale
of dairy products.
~ISERICT: Districts as referred to in Section 1~.1-486, of the
Code.
DV~LLING: Any structure which is designed for use for residential
purposes, except hotels, boarding houses, lodging houses, tourist
cabins, apartments and iYaternity houses.
~...W...A~.ING~ MULTIPLE-FAMILY: A structure arranged or designed to be
occupied by more than one (1) family. Town houses are a
different class of use. See Section 15-88.
~WELLING, SINGLE-FAMILY: A structure arranged or designed to be
occupied by one (1) family, the structure having only one (1)
dwelling unit.
DT~LLING,..TWO-FAMILY: A structure arranged or designed to be oc-
cupied by two families, the structure having only two (2) dwelling
units.
D~ELLING UNIT: One or more rooms in a dwelling designed to provide
living and' sleeping accommodations for an individua~ or a family.
DU~ HEAP (TRASH PILE): Any area of one hundred (100) square feet
or more lying within one thousand (1,000) feet of a State highway,
a residence, a dairy barn or food handling establishment where
trash, garbage, or other waste or scrap material is dumped or
deposited without being covered by a sanitary fill.
FA~LY: One or more persons occupying a premises and living in a
single dwelling unit, as distinguished from an unrelated group
occupying a boarding house', lodging house, tourist home, hotel,
or fraternity house.
FRONTAGE: The minimum width of a lot measured from one side line
to the other along a straight line on which no point shall be
farther away from the street upon which the lot fronts than the
building setback line as defined mud required herein.
GARAGE, i~RIVATE: Accessory building designed or used for the
storage of automobiles owned and used by the occupants of the
building %o which it is accessory.
GARAGE._PUBLIC: A building or portion thereof, other than a
private garage, designed or used for servicing, repairing, equip-
ping, renting, selling, or storing motor-driven vehicles.
GEhIERAL STO2~, COUNTRY: A single store, the groun.d floor area of
Which i's fOUr thousand (4,000) square feet or less and which offers
for sale primarily, most of the following articles: bread, milk,
cheese, canned and bottled foods and drinks, tobacco products,
candy, papers and magazines, and general hardware article's.
Gasoline may also be offered for sale but only as a secondary
activity of a country general store and no more than three (3)
gasoline pumps shall be permitted.
GOLF COURSES: Any golf course, publicly or privately owned, on
which the game golf is played, including accessory uses and
buildings customary thereto, but excluding golf driving ranges
as defined herein.
GOI~], I~.4.IVING RANGE: A limited area on which golf players do not
walk, but onto which they d~ive golf balls from a~"central driving
tee.
169'
1 5-38.
15-39.
15.5-44.
5-46.
15-4-7.
1 5-4.8.
1 5-50.
15-51.
GOVERNING BODY:
Virginia.
The Board of Supervisors of Albemarle County,
GUEST R00E: A room which is intended, arranged .or designed to be
occupied, or which is occupied, by one or more guests paying
direct or indirect compensation therefor, 'but in which no pro-
vision is made for cooking. Dormitories~e excluded.
GRAVE~AED: A place for burial of the dead, which has been set
aside and maintained by a family, consisting of one or more
graves.
HISTORICAL AREA: A building or group of buildings with accessory
buildings and structures, including monuments and the lot on
wh~ich they are found, to which the provisions of the ordinance
apply for the protection and perpetuation of an historical heri-
tage. Historical areas shall be designated on the zoning map.
HOG FAI~.: A farm where hogs are kept and fed primarily on garbage
or industrial waste~
H0'~ GARDEN: A garden in a residential district for the produc-
tion of vegetables, fruits and flowers generally for use and/or
comsumption by the occupants of the premises.
H0~E OCCUPATION: Au occupation limited 'to persons residing on the
premises and domestic servants, in connection with which there is
no evidence (excepting signs as otherwise hereinafter provided)
that will indicate from the exterior that the building is being
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u
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~ilized in wKole or part for any purposes other than that of a
yelling; in connection with which there is kept no stock in trade
)'r commodity sold upon the premises, and no mechanical equipment
sed which exceeds one-fourth (1/4) horsepower other than such as
?e premissable for purely domestic or household purposes.
)~PITAL. A building or group of buildings designed, used or
ltended to be used for the care of the sick, aged or infirm,
lcluding the care of mental, dr~ug addiction or alcoholic cases.
~is terminology shall include, but not be limited to sanitariums,
zrsing homes and convalescent homes.
)~TEL: A building designed or occupied as the more or less
)mporary abiding place for four-teen (14) or more individuals who
.~e, for compensation, lodged, with or without meals, and in which
7ovision is not generally made for cooking in individual rooms
suites.
~NKY~: The use of any area of land of more than two hundred
~'00') gquare feet in any location for the buying or selling,
forage, keeping or abandonment of junk incluling scrap metals or
ther scrap materials. The term "junkyard" shall include the
~rm "automobile graveyard".
~NNEL: A place designed or prepared to house, board, breed,
~ndle, or otherwise keep or care for dogs and cats for sale or
return for compensation.
~I~ .VESTOCK; Domestic animals normally raised on a farm such as
d~aft horses., cows, swine, goats, sheep, etc. This definition
specifically e~ludes light horses or ponies used primarily zor
p~easure riding.
L
L~
[VESTOCK EARKET: A commercial estab!iskment wherein livestock,
~cluding horses amd ponies, is collected for sale and auctioned off.
)_~T: A parcel of land occupied or to be occupied by a main struc-
· re or group of main structures and accessory structures,
)gerber with such yards, open spaces, lot width and lot areas as
re required by this ordinance, and having frontage upon a street,
Lther shown on a plat of record or considered as a unit of
?operty and described by metes and bounds.
LOT, .COP~ER: A lot abutting on two or more streets at their inter-
section. Of the two sides of a corner lot the front shall be
deemed to be the shortest of the two sides fronting on streets.
LOT~ DEPTH OF: The average horizontal distance between the front
and rear lot lines.
170
15-53.
15-55.
15-58.
5-60.
15-62.
5-63.
15-65.
15-66.
1 5-67.
1 5-68.
streets.
An interior lot ha~nJ~ frontage on two (2)
LOT, INTERI01~: Any lot other than a corner lot.
LOT, WIDTH 0F:
lines.
The average horizontal distance between side lot
LOT 0FP~COP~: A Dot which has been recorded in the Clerk's Office
of the Circuit Court of Albemzrle County, Virginia.
NANUFACT~E AND/01~ MANUFACTURING: The processing and/or con-
verting of raw, unfinished materials, or products, or either of
them, into articles or substances of differen~t character, or for
use for a different purpose.
EOBiLE H0~E: A single family detached dwelling unit tr~ansported
to a site as a compact unit ~lth a gross floor area of U00 square
feet or less.
MOBILE H0~ PARK: Any area of ten (10) acres or more designed to
accommodate twenty-five (25) or more mobile homes intended for
residential use where residence is in mobile homes exclusively.
EOBILE HO~gE SVJBDIVISION: Any area of land subdivided for the pur-
pose of providing salable lots for mobile homes exclusively under
the minimum requirements as found in Articles 2-1-24(17) and 10-12k
NONCON~OP~ING~T: An otherwise legally platted 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 as a result of subsequent ~nen~ments to
the ordinance~
N,Q~CONFQP~ING ACTIVITY: 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 of the ordinance.
N0~CONF0~ING S]IqUCT~: An otherwise legal building or structure
that does not conform with the lot area, yard, height, lot coverage,
or other area regalations of this ordinance, or is designed or
intended for a use 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.
0FF-S~qEE? PARKING AREA: Space provided ~or vehicular parking
outside the dedicated street right of way.
PARKING SPACE: A space of sufficient size and shape to park one
(1) standard size automobile and containing not less than three
hundred (300) square feet of area.
P~J: A small enclosure used for the concentrated confinement and
ho----~sing of animals or poultry; a place for feeding and fattening
muimals or poultry; a coop.
POULTRY: Domestic fowl normally raised on a farm such as chickens,
ducks, geese, turkeys, peafowl, guinea fowl, etc..
Pi~.T.T7 ~, g:"~:.': A central system for the removal, carrying
;,[':', b.,".,.:.'~',,-:..,.:,',t, ~.::'~'.; disposal of sewage serving or designed to serve
three (3) or more. indep~n~dent dwellings or structures; and which
may be owned and/or operated by a municipality or county or service
authority or by an individual, partnership, or corporation approved
by the governing body in accordance with Title 15.1 of the Code,
as amended.
PUBLIC WATER S~PPLY: A central system for supplying potable water
to three (3) or more independent dwellings and v~hich may be owned
and/or operated by a municipality or county or service authority
or by an individual, partnership or corporation approved by the
governing body and properl~y licensed by the State Board of Health
~n accordance ~wlth Title 62 of the Code, as amended.
17I
1 5-69.
15-71.
1 .5-72.
15-73.
15-75.
1.5-76.
15-77.
15'77-1.
1 5-77-2.
15-77.3.
1.5-77-4.
15-77-5.
1.5-78.
QUNBI~YING: The industry of extracting stone from an.open excavation.
Quarrying shall be deemed to include both tt~e extraction and pro=
cessing of crushed stone for aggregate and related uses and the
extraction of stone in blocks for building~ momumental and related
uses, but shall not be deemed to include sand and gravel operations
nor extractive industries of a temporary nature.
I~EQ~ OPEN SPACE:
rear yard.
Any space required in any front, side, or
l~ESTAL~qANT: Any building in which for compensation, food or
beverages are dispensed for consumption on the premmses, including,
among other establishments, cafeterias, cafes, tea rooms, confec-
tionery shops, refreshment stands and drive-ins.
EETAIL STORES AND SHOPS: Buildings for display and sale of mer-
chandise at retail or for the rendering of personal services (but
specifically exclusive of coal, wood, and lumber yards), such 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, drygoods 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.
SA~LL: 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 process-
ing of timber transported from .other property.
S~LI~,,,,, P~.NT: A sawmill permanently located for the purpose
of processing timber from the property on which located, from
adjoining property, or ITom other properties removed ITom the
sawmill or its environs~without regard to point of origination.
Such mill may or may not be held out for the processing of
timber bought or sold on a price basis.
EETBACK: The minimum distance by which any building or structure
must be separated i~om the front lot line.
SIGN: Any display of any letters, words, numerals, figures,
vices, emblems, pictures, or any parts or combinations 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, in-
cluding, but not limitied to, the ground, any rock, tree, or
other natural object, which display is visible beyond the boun-
daries 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.
Business. A sign which directs attention to a product, commodity,
or service available on the premises.
Home Occupation. A sign not exceeding four (4) square feet in
area directing attention to a service available on the premises,
but which service is clearly a secondary use of the dwelling.
Gene.ral AdvertisinM: A sign which directs attention to a product,
commodity, or service not necessarily available on the premises.
Location. A sign which directs attention to the approximate
location of an establishment from which the advertised produc2,
service or accomodation may be obtained.
Directional. A directional sign is one (one end of which may be
pointed, or on which an arro~~ may be painted, indicating the
direction to which attention is called) four (4) square feet or
less in area, giving the name only of the farm or business
responsible for the erection of same.
'SIGN S~RUCT~RE: Includes the supports, uprights, bracing, and
framewOrk of any structure, be it single-face, double-faced, v-
type or otherwise, exhibiting a sign.
i72
I
15-81.
15-82.
15-83.
15-84.
15-85'.
15-85.
15-87.
15-88.
15-89.
5-90.
15-91.
15-92.
15-93.
.SI.GN, TEMPORARY: A sign applYing to a seasonaI or other brief
activity such as, but not limited to, su~ner camps, horse show,
auctions or sale of land. Temporary signs shall conform in size
and type to directional signs.
STORE: See Retail stores and shops.
STORY: That portion of a building, other than the basement, in-
cluded 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, ItAL~: A space under a sloping roof, v/o_ich has the line of
inters&ction 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 LINE: The dividing line between a street or road right of
way and the contiguous property.
_S-'/~'~,T, [ROAD: A public thoroughfare which affords principal
means of access to abutting property.
/~S~. UCT-~E: Anything constructed or erected, the use of which re-
quires pez~nanent location on the ground, or attachment to some-
thing having a permanent location on the ground. This includes,
smong other things, dwellings, buildings, signs, etc..
T0 .L~.IST. CO.URT, A.b~T0 C0~T, ~MOTEL, .CABINS,_ ~ MOTOR ..LODGE: One or
more buildings containing individual sleeping rooms, designed for
or used temporarily by automobile tourists or transients, with
garage or parking space conveniently located to each unit. Cook-
ing facilities may be provided for each unit.
TOURIST HOE: A dwelling where only lodging is provided ~or com-
pensation for up to fourteen (t4) persons (see also Hotel° smd
Boarding Houses) and open to transients.
T0'~N HOUSE: One of a series of from three (3) to ten (10) at-
tached dwelling units, under single or multiple o~mership,
separated from one another by continuous vertical walls without
openings from basement floor to roof, and having diversified
architectural facades, or treatment of materials on both front
and rear of the building group, with not more than four (4) of
any ten (10) abutting town houses having the same architectural
facades and treatment of materials, and with not more tha~ tkree
(3) abbutting tovm houses having the same ~ont and rear setbacks.
~inimum setback offset shall be not less than one (1) foot.
~RAVEL TRAILE~: A mobile unit less than twenty-nine (29) feet
in length sad less than four thousand five hundred (4,500) pounds
in weight which is designed for temporary human habitation.
U~, accessory: A subordinate use, customarily incidental
located upon the same lot occupied by the main use.
VARIANCE,: A variance is a relaxation of the t'erms of the zoning
ordinance where such will not be contrary to the public interest
mud where, owing to conditions peculiar to the property and not
the result of the action of the applicant, a literal enforcement
of the ordinance would result in unnecessary and undue hardship.
.As used in this ordinance, a variance is ah~horized only for
height, area, and size of structure or size of yards and open
spaces, establishment or expansion _of a use otherwise prohibited
shall not be allowed by variance, nor shall a variance be granted
because of the presence of non-conformities in the zoning district
or adjoining zoning districts.
WAYS..I. DE S~.AND~ ROADSIDE STAND, WAYSIDE NAItKET; Any structure or
land used for the sale of agricultural or horticultural produce, or
merchandise produced by the owner of his family on their farm.
YARD: ~m open space on a lot other than a court unoccupied
obstructed from the ground upward, except as otherwise provided
herein.
173'
5-93=1.
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.
15-93-2.
~ear. An open, unoccupied space on the same lot as a building
between the rear line of the building (excluding steps) and the
rear line of~the lot and extending the full width of the lot.
15-93-3.
Side. 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 re~ yard lin~.
As adopted October 16, 1969, by the Albemarle County Board of Super-
vi sot s:
The~foltowing Articles amended to read:
Article 2-1-26. Special Permit, Temporary Construction Facilities
~rticle 2A-4.
Special Permit, Temporary Construction Facilities
Article 3-1-13. Special Permit, Temporary Construction Facilities
2rticle 4-1-16. ~pecial Permit, Temporary Construction Facilities
Article %-1-22. Special Permit, Temporary Construction Facilities
Article '6-1-39. Special Permit, Temporary Construction Facilities
Article 7~1-25. Special Permit, Temporary Construction Facilities
.Article 8-1-21. Special Permit, Temporary Construction Facilities
Special Permit. A temporary special De-mit may be granted end,or granted
conditionally in such instances as the Board of S~apervisors deems proper as
being compatible with the use and nature of the adjacmt properties for the
following temporary construction facilities for a period coinciding with such
construction work, provided that safe and convenient access is available,
proper bonds for clean-up and provided adjacent properties are adequately
protected.
A. Temporary Highway Department Inspector's Office.
B. Contractors office and equipment storage yards for contractors who have
been awarded contracts by the Virginia Department of Highways. The above
use shall not be construed to mean the storage or manufacture or processing
of explosives or explosive components.
Ce
Contractors asphalt and concrete processing plants and aggregate storage
for contractors v~o have been awarded contracts by the Virginia Department
of Highways.
Applications for such Special Permits shall be processed in the mannger
prescribed by Article 13 of this ordinance.
The County Executive advised that the Federal government has agreed to
increase its grant in connection v~th airport expansion to $70,000.00. He
stated that Grant Agreement has been received and resolution in this regard
must be submitted prior to January 1%, 1970. Accordingly, the following
resolution was introduced by ~Ar. Gibson, seconded by Nr. Carroll, read in
full, considered, and adopted:
I~ESOLUTION ~0PTING AND AI~PROVING T~ EXECUTION OF A GRANT A~qE~ENT BETWEEN
COUNTY OF ~LE, VIRGINIA, AND TP~E UNITED STATES OF ~ICA, FEDERAL
AVIATION ~INISI~ATION, PI~OVIDING FOB FEDERAL AID IN THE DEVELOPNI~NT OF
CHAt~LOTTESVILLE-~ABLE AIRPORT, CHARLOTTESVIT.~, VIRGINIA:
BE IT BESOLVED by the Board of County Supervisors of Albemarle County,
Virginia:
Section 1.
Section 2.
Section 3.
That the Board of County Supervisors of Albemarle County, Virginia
shall enter into a Grant Agreement with the United States for the
purpose of obtaining Federal aid in the development of Charlottes-
ville-Albemarle Airport by executing the Acceptance of a Grant
Offer.
That T. N. Batchelor, Jr., County Executive, i s hereby authorized
and directed to execute said Grant Agreement, in five copies, on
behalf of the Board of County Supervisors of Albemarle County,
Virginia, and June T. ~oon, Clerk of the Board, is hereby autho-
rized and directed to impress the official seal of the Board of
County ~SMpervisors Of Albemarle County and to attest said
execution.
That the Grant Offer referred to above is incorporated herein by
reference and a copy is attached.
On motion, the meeting was adjourned.
~air~mgn