1968-03-07March ?, 1968
.An 6djourned meeting, adjourned from February 15, 1968, was held at
10:00 A.M. on this date in the Court House.
Present: ~essrs. E. N. Garnett, Joseph E. Gibson, Peter T. Way,
Gordon L. Wheeler, Lloyd F. Wood, Jr. and R. A. Yancey.
Abs~ant: None.
The Chairman noted that this meeting was a continuation of the
February 15th public hearing on the proposed Zoning Ordinance and Land Use
Map. Mr. John Ht~mphreys read two communications from the Planning Co~nis-
sion with regard to land use map change~ and also read amendments proposed
at a work session resulting from the February 1 5 hea~ding.
called for expressions from the public.
The following persons were heard:
Miss Ethel Irwin, attorney for a g~oup of opponents, Mr. Don Ried, ~r.
Walter Young, Mr. Herbert W. Stuart, Mr. Henry Deane, Dr. Tom Edwards, Mr.
S. L. Wynn, Mr. Farley Cox, Mr. Michael Leake, Mr. Richard Nunley, Mr. Cecil
Maupin, Mr. James Marshall, Mr. W. S. Roudabush, ~{r. Vernon ~aupin, Mr.
Everghim Blake, Mr. Roger Ford, Mr. Bruce Brovm, Mrs. Ballard, Mr. Thomas
Blue, ~rs. Bainbridge, Mr. W. W. Rowan, Mr. Robert Merkel, Mr. J. R. Wing-
field, Mrs. Cecil Garlick, Mr. ~amer Kinimer, Mr. R. H. Harris, Mr. W. B.
Christian, Mrs. Mary F. Cash, Mr. Jack ~anahan, Mr. Lee Marston.
(The entire discussion was taped and this tape is on permanent file
in the office of the County Executive.)
On motion of Mr. Gibson, seconded by ~r. Wood, changes to revision
No. "? as approved by the Planning Commission on February ?, 1968 and sub-
mitted to this Board at public hearing on February 15, 1968, were approved
unanimously.
On motion of Mr. Yancey, seconded by Mr. Wood, the following change
to land use map was given unanimous approval:
"3.385 acres owned by Claude Gotten, located adjacent to Rio
Road at the beginning of Willow H~ight's to be zoned B-1 ."
On motion of ~r. Wood, seconded by Mr. Gibson, the following change
to !and use map was given unanimous approval:
"Orchard Acres Subdivision, located at Crozet, Virginia, to
be zoned R-2."
On motion of Mr. Wood, seconded by Mr. Gibson~ the following change
to revision No. 8 as approved in work session of the Board of Supervisors
and Planning Commission on February 29, 1968, was given unanimous approvaE:
The Chairman then
255
"PUBLIC WATER SUPPLY: A central system for supplying potable water
to three (3) or more independent dwellings 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 and properly licensed by the State Board of Health
in accordance with Tit'ie 62 of the Code, as amended.
PUBLIC SEV~R SYSTFa~: A central system for the removal, carrying
off, treatment a~d disposal of sewage serving or designed to serve
three (3) or more independent dwellings or structures, and which
may be owned and/or operated by a mtmicipality or county or service
authority or by an individual, partnership, or corporation approved
by the governing body in accordance with Title 1 5.1 of the Code, as
amended."
Lotion was offered by Mr. Wood, seconded byMr. Gibson, to approve
the following re~i"sions also recommended in February 29th work session:
"2-2 Area Regulations
The minimum lot area for single family dwellings shall be two (2)
acres, except in case of unusual soil conditions or other physical fac-
tors which may impair the health and safety of the neighborhood, in
which case upon recon~r~endation of the City-County Health 0ffice~, the
County Planning Commission may increase the lot area requirements.
2-4 Frontage Regulations
For residential lots, the minimum lot width at the set-back line
shall be one hundred fifty (150) feet or more.
2-5 Yard Regulations
2-5-1
Side. The mSni~um side yard for each main structure shall be
twenty-five ~2~) feet or more.
2-5-2
Rear. Each main structure shall have a rear yard of thirty-five
(35) feet or more.'
Mr. Gibson offered the following amendment to the foregoing, which
motion was seconded by Mr. Yancey:
Add Section 10-5-2 to read:
"Section 10-~-1 of the ordinance is subject to the following exception.
No fee shall be required with respect to parcels of the land zoned as
Agricultural A-1 as of the enactment of this ordinance for the. first
application for rezoning such parcel from Agricultural A-~ to'Residential
R-l, and the resulting lot subdivide~ from s~ch previously Agricultural
A-1 parcel contains less than two ¢2) acres.
Gibson's amendment was unanimously approved.
Mr. Wheeler requested roll call vote on the original motion. This
motion carried by the following vote:
AYES: ~essrs'.. Garnett, Gibson, Wood, and Yancey.
NAYES: Messrs. Way and Wheeler.
The Zoning Ordinance was offered for adoption by ~ir. Gibson, to be
effective the first minute of April 15, 1968, seconded by Mr. Wood, and
unanimously adopted by recorded vote as follows:
ZONING ORDINANCE OF
ALB~ COUNTY, VIRGINIA
WHEREAS, by act of the General Assembly of Virginia as provided in
Chapter II, Article 8, Sections 15.1-486 through ~ ~.1-498, Code of
Virginia and amendments thereto, the governing body of any county may, by
ordinance, 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, prohibit, and determine the following:
(a) The use of land, buildings, structures, aud other preF~ses for agri-
cultural, commercial, industrial, residential, flood plain and other
specific uses;
(b) The size, height, area, bulk, location, erection, construction, re-
construction, alteration, repair, maintenance, razing or removal of
structure s;
(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 sizes of lots based on whether a public or community water supply or
sewer system is available snd used;
(d) The excavation or mining of soil oroother natural resources.
THEREFORE, ~E IT ORDAINED by the governing body of Albemarle County,
Virginia, for the purpose of promoting the health; safety, or general wel-
fare of the public and of further accomplishing the objectives of Section
15.1-427 of the Code of Virginia, as amended, that the following be adopted
as the Zoning Ordinance of Albemarle County, Virgini~a,. together with the
accompanying map. This ordinance has been designed ~a~ to provide for
adequate light.,.aSr, convenience of access, and safety from fire, flood and
9t~her dangers, ~b~ to reduce or prevent congestion in the public streets;
~c~ to fac. i~i~tate the creation of a convenient, attractive, and harmonious
community, ~d~ to expedite the provision of adequate police and fire pro-
tection, disaster evacuation, civil defense, transportation, water, sewer-
age, flood protection, schools, parks, forests, playg~ro~unds,, recreational
facilities, airports, and other public requirements; ~e~ to protect against
one or more of the following: overcrowding of land, ~mudue density of popu-
lation in relation to the community facilities existing or available, ob-
struction of light and air, danger and congestion to travel and transporta-
tion or loss of life, health, or property from fire, flood, panic, or other
danger s.
ARTIC~ 1 . DI STlqICTS
1-1.
For the purpose of this ordinance, the unincorporated areas of
Albemarle County, Virginia, are hereby divided into the follow-
ing districts:
Agricultural, A~I
Residential, Limited R-1
Residential, Limited R-2
Eesidential, General
Business, General B-I
Industrial, Limited N-1
~ndustrial, General ~-2
ARTICLE 2. AGRICULTURAL DIS~qlCT, A-1
$~tatement of Internb
This district is designed primarily to accom~date farming and kindred
rural occupations. While the basic aim is to preserve and promote this
utilization of the land, the uses permitted are broad enough to allow devel-
opment 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,
however, to discourage the random scattering of residential, commercial, or
industrial uses in this type of district.
USES PERNITTED
In agricultural 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-~-2. Accessory uses as defined; however, garages and other accessory
2-1 -~.
2-1-4..
2-1-6.
2-1 -?.
2-1 -8.
2-1-9.
2-1-10.
2-1-11.
2-1-12.
2-1-13.
2-1-14..
2-1-15.
2-1-16.
2-I -17.
2-1 -18.
2-1 -19.
2-1 -20.
2-1 -21.
2-1-22(1)
2-1-22(2)
2-1-22(3)
2-1-22(4-)
2-1-22(5)
2-1-22(6)
'2-1-22(?)
2-1-22(8)
2-1-22(9)
2-1-22.(10)
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 propert~ line.
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 eave line of the roof of the main building
located on the premises upon which said sign is erected, which-
ever is greater. No moving, blinking, flashing or color
changing shall be permitted.
Church bulletin boards and identification signs
Churches and adjunct cemeteries
Conservation and preservation areas
Dairying
Directional Signs
Educational institutions
For e stry
General Farming
Golf courses, (unlighted)
Graveyards, family
Home .occupations
Home ocCupation signs: Not more than six (6) square feet in
area; no flashing, blinking color changing, or neon lighting.
Horse show g~rounds, temporary
Off~street parking as required by this ordinance.
Parks and playgrounds
Public utilities: poles, lines, transformers, distribution
substations, pipes, meters, 'and other facilities necessary for
~.e provision and maintenance of public ~tilities, including
water and sewerage distribution facilities.
Sawmills, temporary
Single family dwellings
THE FOLYLOWING USES A!~0V~ED ~iTH A O0NDITi0NA~% USE P~IT ONLY:
Airports, private and public
Athletic fields
Boat marinas and boat repair facilities
Campground s
Camps, summer
Cemeteries
Clubs and lodges; civim, fraternal and patriotic
Country clubs, community centers, swimming, teranis, fishing, gun
and yacht clubs and similar uses
Fruit packing plants, commercial, employing more than five (5)
per son s
Garage s, public
25'8
2-1-22(11)
2-1-22(12)
2-1-22(13)
2-1-22(14-)
2-t-22(1~)
2-1-22(1~)
2-1-22(17)
2-1-22(-18)
2-1-22(19)
2~1-22(20)
2-1-22(21)
2-1-22(22)
2-1-22(23)
2-1-22(24-)
2-1-22(2~)
2-1-22(26)
2-1-22(27)
2-1-22(28)
2-1-22t29)
2-1-22(30)
2-2
2-3
2-4
General advertising signs as defined and in accordance with
provisions contained herein, provided the distance between
such signs is not less than fifteen hundre~ (1 ,~00) 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 o~
either side of a right of way. No moving, blinking, flash-
ing or color changing shall be permitted.
General stores
~ift, craft and antique shops
~olf courses, (lighted)
Hog farms
Horse show grounds, permanent
Mobile homes, individual
Mobile home parks, in accordance with the provisions of Sec-
tion 10-9 of the ordinance
Motels
Planing mills
Planned cOmmunities, in accordance with Section 2-? of the
ordinance
Professiona! offices
Public riding stables
Public utilities: oil and gas transmission pipelines and pump-
ing stations, microwave and radiowave transmission and relay
towers, electrical transmission lines, towers and substations,
and public water and sewerage transmission and treatment
faci li tie s.
Sand and gravel operations and borrow pits
Radio and television stations, aerials and antennae
Restaurants located on or adjacent to motel premises
Sanitary fill method garbage disposal
Sawmills, permanent
Temporary trailer parks, in accordance with Section 10-10 of
the ordinance
AREA REGULATIONS
The minimum lot area for single family dwellings shall be two
(2) acres, except in case of unusual soil conditions or other
physical factors which may impair the health and safety of the
neighborhood, in which case upon recommendation of the City-
County Health Officer, the County Planning Commission may in-
crease the lot area requirements.
SET]~kG~K IKEGULATIONE
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.
~ONTAGE I{EGULATtON S
For residential lots, the minimum lot width at the setback
line shall be one hundred fifty (1 ~0) feet or more.
YARD REGULATIONS
2-5-1 ·
2-5-2.
2-6.
2-6-1.
'2-6-2.
2-7.
2-?-1
2-7-2.
2-?-3.
2-7-4.
2-7-5.
Side. The minimum side yard for each main structure shall be
twenty-five (25) feet or'vmore.
Rear. Each main structure shall have a rear yard of thirty-
five (35) feet or more.
gPECIAL PROVISIONS F01~ CORNER 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 thirty
(30) feet or more for both main and accessory buildings.
PLA.I~1E.D CO~rb~NITIE S
The governing body may authorize the development of planned com.-
mtmities within the A-l, Agricultural Distr~ct created by this
ordinance, after notice and hearing as required by Section 1 5.1-
431 of the Code. Such authorization shall be given only to land
areas of not less than one hundred (100) acres under dommon
ownership or control. Additional land area may subsequently be
added to an approyed planned community if it adjoins or forms a
logical addition to an existing planned community. The pro-
cedure for au addition shall be the same as if an original
application were filed, and all of the requirements of this
section shall apply except the minimum acreage requirement of
one hundred (100) acres.~
The applicant shall furnish with his application for rezoning,
copies of a preliminary plan, prepared or certified by a sur-
veyor, engineers county or city planner, land planner, architect
or other qualified person, shovrlng the proposed general layout,
the general location of the various types of ].and uses, the pro?
posed densities of population in residential areas, a street
plan, public utility plan, storm drainage plan and a plan show-
ing the location of recreation spaces, parks, schools and other
public or community uses.
The Planning Commission shall review the preliminary plan as
submitted by the applicant and shall determine the location
within Albemarle County of the proposed planned com~nunity and
shall study the characteristics of the watershed serving the
proposed planned community. The Planning Commission shall then
determine a reasonable time which shall be sufficient to permit
the technical staff of Albemarle County to evaluate the proposed
project and to present its recommendations for necessary utili-
ties and other facilities to protect other uses within the
Watershed. No preliminary approval shall be given to any such
project until the recommendations of the technical staff have
been considered by the Planning Commission.
Following the recommendations of the Planning Commission and the
approval of the governing body of the preliminary plan, the ap-
plicant shall 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, shorting the layout of all streets and roads, the loca-
tion of all buildings, parking areas, pedestrian ways, utility
easements, lot lines, open spaces, parks, recreation areas,
gahool sites, playgrounds, the proposed use of all buildings and
the metes and bounds of all dedicated areas andlilots. The ap-
plicant shall also furnish a proposed deed of dedication includ-
ing restrictions safeguarding the use of open spaces and prevent-
ing encroachment upon open spaces between structures. When the
final plan and deed of dedication 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 prelimi-
nary plan, aad it has been determined that the applicant has'
complied wi.th the requirements of the subdivision ordinance of
Albemarle County, whether or not it is a subdivision, iti~shall be
approved for recordation and recorded. ~ereafter, no modifi-
cation may be made in the final plan except by au amended final
plan submitted as provided for the original plan.
Upon the final approval of a planned community, the regulations
269
2-?-6.
2-7-?.
in this ordinance pertaining to minimum lot areas, setbacks,
frontage, side and year yard~, height, corner lots and
coverage shall no longer be applicable.
The regulations in Section 10-7 and 10-8 of this ordinance
~ertaining to Off-Street Parking and Loading and Unloading
teas, respectively, shall apply in their applications to the
class of use within the area of a planned community district.
The regulations in~ Sections 10-1 and 10-4 pertaining to Zoning
Permits and Uses Not Provided For, respectively, shall not ap-
ply.
2-?-8.
The size, shape, height, location and composition of signs of
the several types defined in Article 1 ~ of this ordinance shall
be controlled by application of the most restrictive standards
applied 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 areas on the outer perimeter of the
planned community, which shall adopt the setback of the opposite
or adjoining district; provided setback lines on primary, State
and Federal highways shall be observed, and vision clearance at
streSt corner lots shall be maintained.
ARTICLE 3- ~RESIDENTIAL, LI~T~, DISTRICT i~-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 stabilize and
protect the essential characteristics of the district, to promote and encourage
a suitable environment for family life where there are children, and to pro-
hibit all activities of a commercial nature. To these ends, development is
limited to relatively low concentration and permittSd uses are limited basic-
ally to single unit dwellings providing homes for the residents plus certain
additional uses, such as schools, parks, churches, and certain public facili-
ties that serve the residents of the district. No home occupations and no
maintaining of poultry or livestock are permitted in this district, exoept
that pleasure horses and ponies may be permitted with a Conditional Use
Permit.
3--1 o
3-1 -1.
USES PERMITTED
In Residential District R-1, 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 ac-
cessory structures, such as carports, porches, and stoops at-
tached to the wain building shall be considered part of the main
building. No accessory building may be closer than five (5) feet
to any property line.
3-1-2.
Business signs: 0nly to advertise the sale or rent of the pre-
mises upon i~hich 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.
3-1-7.
3-1-8.
Educational in sti tution s
Golf courses (unlighted)
Off-street parking as required by this ordinance
3~1 -9.
3-1~10.
Parks and playgrounds
Public utilities: Poles, lines, transformers, distribution
substations, pipes, meters, and other facilities necessary for
the provision and maintenance of public utilities, including
water aud sewerage distribution facilities.
3-1-11.
3-1-12(1)
3-1-12(2)
3-1-12(3)
3-1-12(4)
3-2
3-2-1.
3-2-2.
3-2-3.
3-2-4.
3-3-
3-4.
3-4-1.
3-4-2.
3-4-3.
3-5-1.
3-5-2.
3-6.
3-6-1.
3-6'2.
Single family dwellings
TME FOLT,0WING USES A~,Y.OWED WITH A CONDITIONAL USE .PER~IT ONLY:
Country clubs
Public utilities: 0il and gas transmission pipelines and pump-
ing stations, microwave and 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
Swimming and tennis clubs
AREA P~GULATION S
The minimum lot area shall conform to the following requirements:
Category 1: residential lots, served by a public ~sewer system
and a public water s~upply shall provide a minimmm depth of one
hundred twenty-five (!25) f~eet and have a minimum area of 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 byneither a public sewer
system nor a public water Supply, shall provide a minimum area
of twenty thousand (20,000) ~quare feet.
In case of unusual soil conditions or other physical factors
which may impair the health and safety of the neighborhood, upon
recommendation of the City-County Health Officer, the Couuty
Planning Commission may increase the lot area requirements
specified under Section 3-2-1 and Section 3-2-2 and Section 3-2-3.
SETBACK I~EGULATIONS
All structures, except signs adver~tis~ng sale or rent of the
property, shall be located thirty ~ 30~ feet or more from any
street right of way.
FRONTAGE BEGULATIONS
For category 1 the minimum lot width at the setback line shall
be sixty-five 165) feet or more.
For categov~ ~, the minimum lot v~dth at the setback line shall
be eighty (U0) feet or more.
For category 3, the minimmm 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 (1'0) feet or more. '~
Each main structure shall have a rear yard of thirty-five
feet or more.
HEIGHT I~EGUi~TION S
Buildings may be erected up to thirty-five (35) feet in height
exceot that:
The height !im~t for dwellings may be increased up to forty-five
(45) feet and up to three (3~ stories provided there are two.(2)
side yards ~or each permitted use, each of which is fifteen (1 5)
feet or more plus one (1) foot or more of side yar~d f~or each ad-
ditional foot of building height over thirty-five (35) feet.
A public or semi-public building such as a school or church may
3-6-3.
3-6-4.
3-7-
be erected to a height of sixty (60) feet from grade provided
that r,equired 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 antannae and radio
aerials are exempt. Parapet walls may be u~ to four (4) feet
above the height of the building on which t~e walls rest.
No accessory building which is within twenty (~.0) feet of any
lot line shall .be more than one (I) story high. Ail accessory
buildings shall be less than the main building in height.
PROVISIONS FOR OOi~ LOTS
3-7-1 ·
3-7-2.
3-7-3.
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 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 s~il have a minimum width at the
setback line of seventy-five {:7~) feet or more; each category 2
corner lot shall have a minimumwidth at the setback line of one
hundred (100) feet or more; each category 3 corner lot shall have
a minimum width at the setback line of one hundred twenty-five
(12~) feet or more.
ARTICLE 4. RESiDENTI~LL, LIMITED, DISTRICT R-2
$~a,~e~ent, 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 re~dtations for this district are designed to staba-
lize and protect the essential.~.~-characteristics of the district, to promote
and encourage a suitable enviror~ment for family life where there are children,
and to prohibit all activities of a commercial nature. To these ends, devel-
opment 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 residents of the district. No poultry or
livestock (chickens, horses, cows, swine, etc.) are permitted. ~ultiple
unit dwellings are permitted with a Conditional Use Permit.
4-1.
USES t~RMITTED
In Residential District I{-2, structures to be erected or land to
be used, shall be for one or more of the following uses:
4-1 -1 .
Accessory buildings as defined: however, garages and other ac-
cessory structures such as carports, porches and stoops at-
tached tothe main building shall be considered part of the main
building. No accessory building may be closer than Five (~)
feet .to any property line.
4-1-2.
~usiness signs only to advertise the sale or rent of the premises
upon which erected and not more than eight (8) square 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 institutions
4-1 -7-
Golf courses (unlighted)
4-1 -8.
Librari e s
4-1 -9-
Off-street parking as required by this ordinance
4-1 -10. Parks and playgrounds
263
4-1-11.
4-1-13.
4-1 -14.
4-1- F(1)
4-1-15(2)
4-1-15(3)
4-1-15(4)
4-1-15(5)
4-2.
4-2-1.
4-2-2.
/4-2-3.
4-2-4.
4--2-6.
4--2-7.
4-3.
Public utilities: poles, lines, transformers, distribution
substations, pipes, meters, and other facilities necessary for
the provision and maintenance of public utilities, including
water and sewerage distribution facilities.
Residential town house clusters, in accordance with the pro-
visions of the Town House Ordinance of Albemarle County, as
the same may be amended.
Single family dwellings
Two family dwellings
TME F01t.0WING USES ALLOWED WI~ A CONDITIONAL U.SE PERmafIT 0 .N~..Y:
Day nurseries
Four family dwellings
Public utilities: 0il and gas transmission pipelines and pump-
ing stations, microwave and radiowave transmission and relay
towers, electrical transmission lines, towers and substations,
and public water and sewerage transm~_ssion and treatment
facilities.
Swimming and tennis clubs
Three family dwellings
AREA REGLrI~TION S
Category I: residential lots, served by a public ~seWer system
and a public water s~upply shall provide a minimum depth of one
hundred twenty-five ~ 1.25) feet and have a minimum area of 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
permitted use served by a public sewer system and a public water
supply, the ~nimum lot are~ shall be: two (2) units . . . ten
thousand ~two hundred fifty ~10,250) square feet or more; three
(3) units . . . twelve thousand two hundred fifty (12, 250)
square feet Or more: for sach additional unit above three ~3)
. . . one thousand (1,000) square feet.
For lots containing or intended to contain more th~n a single
permitted use served by either a public sewer system or a pub&ic
er supply, but not both, the minimum lot ar~a shal~ be: two
) units . ~ . fifteen thousand five hundred ~15,500) seuare
feet or more, three.(3) units . . . eighteen thousand (18,000)
square feet or more~ for ~ach additional unit above three (3)
___
. one thousand ~1,000) square feet.
For lots containing or intended to contain more than a single
permitted use served by neither a public sewer system nor a
public water suoply, the minimum lot area shall be: two (2)
units . . . twenty-four thousand (24-,000) square feet or more;
for each additional unit above two (2) . . one thousand
(1,b00) square feet.
In case ofunusual soil conditions or other physical factOrs
which may impair the health and safety of the neighborhood ~nd
upon recommendation of the City-County Health Officer, the
Planning Commission may increase the lot area requirements
specified under Section 4-2 for uses utilizing other than a
public ~ewer system.
SETBACK i~EGIIf2~TI 0N S
Ail structures, except signs adver.tis~ng sale or rent of the
property, shall be located thirty [30) feet or more from any
street right of way.
4--4.
FRONTAGE REG~IONS
4--4-1.
For a single family dwelling served by both a public sewer
system and a public water supply .the. minimmm lot vridth at the
setback line shall be sixty-five (65) feet. and for each aU.-
dltlonal permitted use there ~hail ce at least ten (10) feet
additional lot w~dth at the setback line.
4-4-2.
For a single family dwelling served by other than a public sewer
system and a public water sup~ly~ the minimum width at the
setback line shall be eighty [80~ feet with ten (~0) additional
feet of front vridth for each additional permitted use.
YARD REGULATIONS
4-5-1.
S_~. The minimum side yard for each main structure shall be
ten (10) feet or more.
4-5-2.
Each main structure shall have a rear yard of thirty-five
feet or more.
4-6.
HEIGHT REGUI~ITION S
Buildings may be erected up to thirty-five (35) feet in height
except that:
4-6-1.
4-6-2.
he.height limit for dweilinRs may be increased up to forty-five
45) feet and up to three (3[ stories provided the~e are two. (2)
side yards for each permitted use, each of which io fifteen [15)
feet or more plus one (1) foot or more of side yar.d f~r each ad-
ditional foot of building height over thirty-five [3~] feet.
A public or semimubtic building' such .as a sohool, church, or
library, may be Srected to a height of sixty (60) feet from grade
~rrovided tha~t ,required front, side, and rear yards shall be in-
creased one [ lJ foot for each foot in height over thirty-five
(35): feet.
4-6-3.
4-6-4-.
ChUrch spires, belfrie,S, cupolas, monuments, water towers, oh~:~m~
heys, flues, _flag poles, television antannae and radio amrials
are exempt. 2arapet 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 (~) story high. Ail accessory build-
ings shall be less than the main building in height.
4-7.
SPECIAL t~RO¥ISIONS FOR CORNER LOTS
4-7-2.
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.
4--7-3.
For subdivisions platted after the enactment of this ordinance,
each corner lot shall have a minimum v,~dth at the setback line of
seventy-five (75) feet or more.
ARTI ~ 5- RE SID]~NTI~YL, G~ZAL, DI STZI CT R- 3
Statement of Intent
This district is composed of certain quiet, medium density, residential
uses plus certain open areas where similar development appears likel~ to oc-
cur. The regulations for this district are designed to stabilize and protect
the essential characteristics of the district, to promote and encot~rage a
suitable environment for family life where there are children, and to-
h~'bit 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.
5-1-2~
5-1 -3-
5-1-4.
5-1-5.
5-1-6.
5-1 -?.
5-1-8.
5-1-9.
5-1-10.
5-1-11.
5'-1-12.
5'-1-13.
5-1-14.
5-1-15'.
5'-1-17.
5-1-18.
5-1-19.
5.-1 -20.
~'-1-21(1)
5.-1-21(2)
5-1-21(3)
5-1-21(4)
5-1-21(5')
5'-1-21(6)
USE S PERN~TTED
In residential district ~R-3, structures to be erected or land to
be used, shall be for one or more of the ~follov~ng uses:
Accessory buildings permitted as definedl however, garages and
other accessory structures, such as carports, porches and stoops
attached to the main building ~ha!l be considered part of the,
main building. No accessory building may be closer than one t 1 )
foot to any property line.
Business signs: not more than twenty-four (24) square feet in
area; no moving, flashing, blinking, color changing or neon
lighting.
Church bulletin boards and identification signs
Churches
Directional signs
Educational institutions
Golf courses (unlighted)
Home occupations
Home occupation signs:
or neon lighting.
no flashing, blinking, color changing,
Libraries
Nultiple family dwellings
Off-street parking as required by this ordin~ance
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 vrater and sewerage
distribution facilities.
Residential tova house clusters in accordance with the provisions
of the Town House Ordinance of Albemarle County, as the same may
be amended.
Rooming and boarding houses
Single family dwellings
Touri st home s
Two family dwellings
THE FOLLOWING USES ALLOWED WITH A CONDITIONAL USE ~T ONLY:
Clubs and lodges; civic, fraternal and patriotic
Day nut series
Hospitals
Public utilities: oil and gas transmission pipelines and pump-
ing stations, microwave ~and radiowave transmission and relay
towers, electrical transmission lines, towers and substations,
and public water and sewerage transmission and treatment
facilities.
Retail stores and shops, on a single floor, compatible with the
residential characteristigs of the district, containing not more
than four thousand (4,000~ square feet.
~mmmzng and tennis clubs
5-2-3.
5-2-4.
5-2-5.
5-2-6.
5-2-?.
5-4-2.
AREA ~REGULATION S
Category 1: residential lots, served by a public sewer system
and a public water s.upply shall provide a minimum depth of one
hundred twenty-five { !25) feet a~d ha~ve a minimum area of eight
thousand two hundred (8,200) square ~eet.
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 thousa~nd 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 ~inimum area
of twenty thousand (20,000) square feet.
For lots containing or intended to contain more than a single
permitted use served by a public sewer syste,m ,and a public water
supply, the minimmm lot area shall be: two (2) units . . . ten
thousand two hundred fifty (10,250) square feet or m°res0)l
(3) units . : . twelve thousand two hundred fifty ( ~12; three
square
feet or more~ for each additional ugnit above three , . . . 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) units . ... fifteen thousand five h~mdred ( 1 5,500) s~uare
feet or more, three.(3) units . . . eighteen thousand (18,,00.0)
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
permitted use served by neither a public sewer system nor a public
~a~er spp~l~, the minimum lot area shall b~: two ('2) units ] . .
twenty-~our~'£housand (24.000) square feet or more= for each ad-
ditional unit above two (2) . . . one thousand (1¢000) Square feet.
~n case of unusual soil conditions or other physical fac~0rs
which may impair the healthand safety of the neighborhood and
upon recommendation of the City-County Health Officer, the Plan-
ning Commission may increase the lot area requirements specified
under Section 5-2 for uses utilizing other than a public sewer
system.
SEITL~%gK~LEG~TIONS
Ail ~structures, except signs advertising sale or rent of the
property, shall be located thirty (30) feet or more from any
street right of way.
~!~ 0NTAGE t~EGULiTION S
For permitted uses, thirty-five (35) feet or less in height,
served by both a public sewer system and a public water supply,
the minimumilot 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 v~[dth at the
setback line. This regulation shall not apply to residential
town house 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 ~t the setback line shall be
eighty (80) feet or more, and for each additional permitted use
there shall be at least ten (10) additional feet lot width at
the setback line. This regulation shall not apply to residential
totem house clusters.
Y~LD ~GULATION S
S_~. The minimum side yard for each main structure shall be
ten (10) feet or more, ,exc.ept 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 m~axi.mum
req~uired side yard which shall be not more than fifty (50) feet.
5-5-2.
. Each main structure shall have a rear yard of twenty-five
feet or,mo~re, except that the rear 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 rear yard
which shall not be more than fifty (50) feet.
COVERAGE AND DENSITY IAEGULATIONS
5-6-1 ·
There shall be no height limit for permit,ted.buildings; provided
that any such buildings over thirty-five ~35) feet in height,
with their acc,essq.ry 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 resi-
dential town house clusters.
5-6-2.
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 (50) square feet of
recreational area for each dwelling unit, which recreational area
shall be located on the lot and outside of the building.
5-6-3.
Church spires, belfries, cupolas, monuments, water towers, chim-
neys, flues, flag poles, television antannae and radio aerials
are exempt. Parapet walls may be up to four (4) feet above the
height cE ~he building on which the walls rest.
5-6-4.
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 REGUI,,~TION S
3building constructed in this district to a height of three
stories or more shall, in addition to the other provisions
of this ordinance, comply in all respects with the regulations
promulgated by the office of the Chief Fire Marshal of the State
of Virginia.
SPECIAL PROVISIONS FOR CORhrER LOTS
5~8-1.
Of the two sides of a corner lot, the front shall be deemed to be
the shortest of the two sides fronting on street s.
5-8-2.
The side yard on the side facing the side street shall be twenty-
five (25) fe~t o~ more for both main and accessory buildings.
For subdivisions 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 6. BUSINESS, GENERAL, DISTRICT B-1
Generally, this district covers that portion of the community intended
for the conduct of general business to which the public requires direct and
frequent 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, restau-
rants, and garages and service stations.
6--1 .
USES PERMITTED
In Business, District B-1, structures to be erected or land to be
used, shall be for one or more of the following uses:
6-1 -1 .
Accessory uses and structures
6-1 -2.
Automobile sales, service and rental
6-1 -3.
Automobile service s~ations
6-1 -4.
6-1-5.
6-1-6.
6-1 -?.
6-1-8.
6-1-~.
6-1-lO.
6-1-11.
6-1-12.
6-1-13.
6-1-14.
6-1-15.
6-1-16.
6-1-17.
6-1 -18.
6-1-19.
6-1-2o.
6-1-2t.
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-
Banks and ~all loan companies
Beauty shops and barber shops
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, blif~k-
ing, flashing, or color changing shall be permitted.
Churches
Clubs and lodges; civic, fraternal and patriotic
Department stores
Flori st shops
Funeral ho~ s
Gift shops
Hardware stores
Home appliances, retail sales and service
Hospitals
Hotels and motels
Jewelry store s
Laundries, coin-operated
Libraries
Newspaper publishing
Office buildings
Optical stores
Photographic supplies, sales and service
Professional effices
Public billiard parlors and pool rooms, bowling alleys, dance
halls, and similar forms of public s~nusement only after a public
hearing shall have been held by the governing body on an appli-
cation submitted to the body for such use. he governing body
may request that the commission submit a recommendation to them
concerning such use applications. In approving any such appli-
cation, the governing body may establish such special require-
sents 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 maintenance of public utilities including water and sewerage
di stribU~ion facilities.
Radio and television, retail sales and service
ZTe staurant s
Retail bakery shops
Retail clothing and apparel stores
Retail food stores
Retail furniture stores
Retail iaungries anc! dry cleaning shops
J
6'1-34-
6-1-3F.
6-1-36.
6-1-37.
6-1-38( 1 )
6-1-38(2)
6-1-38(3)
6--2.
6--3.
6-5-1.
6-5-2.
6-5-3.
6-6.
6-7.
6-7-1.
State ABC Stores
Theaters (Indoor)
Tailoring shops
Off-street parking, as required by this ordinance
THE FOT,T,OWING USES A_I.~)WED WITH A CONDITIONAL USE PERMIT
Public utilities: 0il and gas transmission pipelines and pump-
ing stations, microwave and radiowave transmission and relay
towers, electrical transmission lines, towers and substations,
and public water and sewerage trans mission and treatment
facilities.
Veterinary or dob or cat hospitals
Wholesaling and processing not objectionable because of dust,
smoke, noise, odors or heavy traffic.
A_REA REGULATIONS
None, e~cept for permitted uses, five ([) stories or more in
height [see Section 6-[ of this Article] and uses not served by
a public sewer system and a public water supply. The required
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.
SE~BAOK IqEGLrLATI 0N S
All structures, except signs advertis$ng s~ale or rent of the
property, shall be located tw~nty-~iVe [~2[) ft.~'or m6re from any
street right of way.
FRONTAGE AND YAt~D I~EGD-LATIONS
For permitted uses, the minimum side and rear yards adjoining
or adj.ace~nt to a residential or agricultural district shall be
fifty [ [0] feet. ProviSion for off-street ~arking shall be made
in accordance with the provisions of Sectio~ 10-7 of the
ordinance.
COVERAGE REGULATIONS
There shall be no height~limi.t ,for permitted buildings; provided
that, any such building zive~ [ [) stories or more in height may
cover not more than forty per cent (~05) of the gross lot area.
Cupolas, monuments, water-towers, chimneys, flues, glag poles,
television antennae, radio aerials and electrical transmissions
are exempt. 2arapet walls may be up to four (4) feet above the
height of the building on which the 'Walls rest.
No accessory structure which is w1%hin ten (10) feet of any lot
line shall be more than one (1) story high. Ail accessory
structures shall be less than the main structure in height.
FIRE t~EGIILAT I ON S
An[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 respects with the regulations
promulgated by the office of the Chief Fire Marshal of the State
of Virginia.
ADDITIONAL REQUIREKENTS FOR PERMITTED USES
Before a building permit shall be issued or construction com-
menced 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 enclosttre or fence, the land-
scaping 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
270 .......
recommendation, refer these plans to the Planning Commission for
their recommendation. Modifications of the plans may be re-
quired.
6-7-2.
Permitted uses shall be conducted wholly within a completely
enclosed 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.
6-7-3.
6-7-4.
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 ~50) feet from the corner
of any intersecting streets.
Sufficient area shall be provided (1) to adequately screen per-
mitted uses from adjacent residential districts and (2) for off-
street parking of vehicles incidental to the business, its
employees and clients.
6-7-5.
6-7-6.
Automobile graveyards and junkyards in existence at the time of
the adoption of this ordinance are to be considered as non-
conforming uses. They shall be allowed up to eighteen (t8)
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 v~tl, a uniformly painted solid board fence,
an evergreen hedge or such other fencing or screening as the
Planning Comm2ssion shall recommend in order'to effect the pur-
poses of this ordinance.
The administrator shall act on any application within thirty (30)
days after receiving theapplication. If formal nstice in writ-
lng is given to the applicant, 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.
ARTICLE 7. INDU~ERIAL, LIMITED, DiS~qICT M-1
Statementof Inte2~
The primary purpose of this district is to permit certain industries,
which donot mn any way detract from res~_dentlal desmrabllm~ty, ~o loca e mn
any area ~adjacent to residential uses. The limitations on ~or provisions re-
lating to~ height of building, horsepower, heating, flammable 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 PERMITTED
In industrial district M-1 any structure to be erected or land
to be used shall be for one or more of the follo~wing uses:
7-1 -1 .
Accessory uses and structures.
7-1 -2.
Assembly of electrical appliances, electronic instruments and
devices, radios, and phonographs. Also the manufacture of small
parts, such as coils, condensers, transformers, and crystal
ho Ider s.
7-1-3.
Automobile sales, service and rental
7-1-4.
Boat building
7-1 -5.
7-1-6.
7-1-7.
Building material sales yard.
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 cave line of the
roof of the main building located on the premises upon which
said sign is erected, whichever ~s greater. No moving, blink-
ing, flashing, or color changing shall be permitted.
Cabinets, Ikzrniture and upholstery shops
7-1 -8.
Commercial greenhouses and nurseries
............ 27.
?-1-9-
7-1-10.
7~1-11 ·
?-1-12.
7-1-13.
7-1 -14..
?-1-15.
?-1
?-1-!8.
?-1-19.
7-1-20.
-21.
-22.
?-1-23(1)
?-1-23(2)
7-1-23(3)
?-1-23(4-)
?-!-23(5)
?-1-23(6)
?-1-23(?)
?-1-23(8)
7-2-1.
7-2-2.
Feed and seed stores
Laboratories - pharmaceutical and/or medical
~achinery sales and service
Manufacture, compounding, processing, packaging or treatment
of such products as bakery goods, candy, cosmeticsT~, dairy
products, drugs, perfumes, pharmaceuticals, perft~ned toilet
soap, toiletries, and food products·
Eanufacture of musical imstruments, toys, novelties, and rubber
and metal st~mps.
~anufacture of pottery and figurines or other similar ceramic
products, using only previously pulverized clay, and kilns
fired only by electricity or gas.
}Zobile home and travel trailer sales and service
l~onumental stone works
Office and .business machines sales and service
Off-street parking as required~ the ordinance.
7-2-4.
See Section
Plumbing and electrical supplies, sales and storage
Public utilities: poles, lines, transformers, distribution
substations, 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
Veterinary or dog or cat hospital, kennels
THE FOI~0WING USES A~J.OWED WITH A CONDITION.CL USE PEREIT ONLY:
Airports
Drive-in theaters
Loving and storage facilities
Petroleum storage
Public utilities: oil and gas transmission pipelines and pum.p~
ing 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
Wholesale businesses
REQUIREMENTS FOR PEB~ITTW~D USES
Before a ~building permit shall be issued or construction com-
menced on,ny permitted uses in this district, or a permit
issued for a new use, the plans, 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 ad~inistrator
for study. The administrator shall, together with hi s written
recommendation, refer these plans to the Planning Co_~nission
for their recommendation. Eodifications of the pls~us may be
required.
Permitted uses shall be conducted wholly ~thin a completely
enclosed building or within a~ area enclosed by such fencing
or screening as the Planning Co,remission shall recommend in
order to effect the purposes of this ordinance.
272 ........ - ..............
7-2 -3.
Landscaping may be required within an established or required
front setback area. The plans and execution must take into
consideration traffic ha~za~rds. Landscaping may b~e permitted
up to a height of three [3) feet v~thin fifty [~0) feet from
the corner of any intersecting streets..
7-2-4.
Sufficient area shall be provided (1) to adequately screen
permitted uses from adjacent business and residential dis-
tricts and (2) for off-street parking of vehicles incidental
to the industry, its employees and clients.
7-2-5.
Automobile graveyards and junkyards in existence at the time
of the adoption of this ordinance are to be considered as non-
conforming 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 pnrposes of this ordinance.
7-2-6.
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 extended for an additional thirty-(30) day period. Failure
on the part of the administrator to act on the application with-
in the established time limit shall be deemed to constitute
approval of the application.
7-3-
AEEAREGULA. TIONS
For permitted uses not served by a public sewer system, the re-
quired area for any such use' shall be approved by the0. ity-
County Health Officer. The administrator may require a greater
area if considered necessary by the health official.
SET~k~OK RECUIL%TION S
All structures except signs advertising sale or rent of the
property shall be located fifty (~0) feet or more from any
street right of way.
7-~o
FRONTA~E AND YAP~D REGULATIONS
For permitted uses the minimum side and rear yards adjoining or
adjacent to a residential or agricultural district shall be
fifty (~0) feet or more. Off-street parking shall be in ac-
cordance with the provisions contained herein.
7-6.
HEIGHT REGUL~TION $
Buildings may be erected uo to a height of sixty (60) feet.
For buildings over sixty ($0) feet in height, approval shall be
obtained from the administrator. Chimneys, flues, cooling
towers, flag poles, radio or communication towers or their
accessory facilities not normally occupied by workmen are ex-
eluded from this limitation. Parapet walls are permitted up
to four (4) feet above the limited height of the building on
which the walls rest.
7-7-
COVERAGE P~GUD~ TIONS
Buildings or groups of buildings with their accessory buildings
may cover up to seventy per cent (70%) of the area of thel!ot.
ARTICI~ 8. INDUSTRI~J~, GENERAL, DIS~RICT E-2
Statement of Intent
The primary purpose of this district is to 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 commercial service establishments. The specific intent of
this district is to: (a) encourage the construction of and the continued use
273
--1.
8-1 -1.
8-1-2.
8-1 -3-
8-I -4.
8-1
8-1-6.
8-1
8-1-8~
8-t -9.
8-1 -10.
8-1-il.
8-1-12.
8-1-13.
8-1 -14.
8-t-15.
8-1-16.
8-1-17.
8-1-18.
8-1 -19.
8-1-2o(1)
8-1-20(-2)
8-1-20(3)
of the land for heavy commercial and industrial purposes;
(b) p~ohibit residential and neighborhood commercial use of
the land and to prohibit any other use which would sub-
stantially interfere with the development, continuation or
exoansion of commercial and industrial uses in the district;
(c] to encourage the discontinuance of existing uses that
would not be :' permitted as new uses under the provisions of
this ordinance. '
U~S' PERMITTED
In Indtu~trial District ~-2, buildings to be erected or land
to be used shall be for one or more of the following uses:
Accessory uses and structures
Blacksmith shops, welding or machine shops, including punch
presses exceeding forty-J40) ton rated capacity and drop
hammers.
Boiler shops
Building material sales yards
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, blink-
ing, flashing, or color changing shall be permitted.
Coal and wood yards
Contractors' equipment stor~age yards or plants, or rental of
equipment commonly used by contractors
Eoving and storage facilities
Off-street parking as required by this ordinance.
8 -2 -4.
See Section
?etroleum storage
Plumbing and elect?ical supplies, sales and storage
Public utility generating plants
Public utilities: poles, lines, distribution substations,
pipes, meters and other facilities necessary for the provision
and maintenance of public utilities includi2g water and sewer-
age distribution facilities.
Sawmills and planing mills
Septic tank sales and related services
Truck terminals
Warehousing facilities
Wood preserving operations
Whole sale busine sse s
THE FOLLOWING USES ALLOWF~. WITH A CONDITION~kL U~ PEPd~IT 0NY.Y:
Abattoirs
Acid manufacture
Asphalt mixing plant
Automobile assembling, painting, upholstering, repairing, re-
building, reconditioning, body and fender work, truck repair-
ing or overhauling, tire retreadi~ig or recapping or battery
manufacture.
27 ;
8- -20(6)
8- -20(8)
8-1-20(9)
8-1-2o(
8-1-20( 11 )
8- -2o(
8-1-2o( 3)
8- -2o(
8-1-20(15,)
8-1-20116)
8- -2'o l?)
8-2.
8-2-1.
8-2-2.
8-2-3.
8-2-4.
8-2-5'.
8-2-6.
Brick manufacture
Cement ~ 'lime and gypsum, manufacture
Concrete mixing plsLnt
Crushed stone operations
FertiIizer manufacture
Junk yards (screened)
Manufacture, compounding, assembling, or treatment of articles
of merchandise from the following previously prepared materials:
bone, cellophane, canvas, cloth, cork, feathers, felt, fiber,
t~mr, glass~ hair, horn, leather, paper, plastic, precious or
semi-precious metals or stone, shell, straw, textiles, tobacco,
wood, yard, and paint.
~eat, poultry and fish processing
?aper and pulp manufacture
Petroleum refining, including by-products
Public utilities: oil and gas transmission pipelines and pump~
ing stations, microwave and radiowave transmission and relay
towers, electrical trsansmission lines~ towers and substations,
and public water and sewerage transmission and treatment
faci !itie s.
Sand and gravel operations
~Q~arrying
REQUIRE~JF~NTS ~0R ~ERMITTED USES
Before a building permit shall be issued or construction com-
menced 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 land-
scaping and the operations and processes to be conducted on the
premisesx shall be ~ubmitted to the zoning administrator for
study. 'i'he administrator shall, together with his written recom-
mendation, refer these plans to the ~lanning Commission for
their recom~nendation. I~odifications of the plans may be required.
Permitted uses shall be condUcted %vhol!y within a completely
enclosed building or within an area enclosed by such fencing
or screening as the Planning Commission shall recommend in order
to effect the p~poses of this ordinance.
Landscaping may be required within any established or required
front setback area. The plan~ and execution must take into con~
sideration traffic h.azards. Landscaping.may be permitted up to
a height of three (3) feet within fifty ['g0) feet from the corner
of any intersecting streets.
Sufficient area shall be provided (1) to adequately screen per-
mitted 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 screen,
on any side open to view from a public road, the operation or
use by a masonry walt~ a uniformly painted solid boar~ fence, an
evergreen hedge, or such other fencing or screening as the
Planning Commission shall recommend in order to effect the put-
po se s of this ordinance.
The administrator shall act on any application received within
thirty (30) days after receiving the application. If formal
notice in writing is given to the applica~t,~the time for action
may be extended for an additional t~rty ~3OJ day period.
275
8-6.
8-7.
9-1 -2.
9-1 '3-
9-1 -4.
9-1-5.
9--2.
9--3-
Failure on the part of the a~nistrator to act on the appli-
cation within the established time limit shall be deemed to
constitute approval of the application.
AREA I~EGULATIONS
For permitted uses not served by a public sewer system, the
required area for any such use shall be approved by the City-
County Health Officer. The aL~Anistrator may require a greater
area if considered necessary by the health official.
SETBACK !~EG~ION S
All structures except signs adverti~sing sale or rent of the
property shall be located fifty [ [0] feet or more from any
right of way.
street
FRONTAGE ~kND YARD REGUI~TIONS
For pe~nitted 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 vdth the provisions Contained herein.
HEIGHT I~EGUI~TI 0N S
Buildings may be erected, up to .a height of simty (6~0) feet.~ ~For
bui~din~s~'?over ~Bix~yi! ~ 60) f~e~ mn Lh~ight;~ ~appDo~a! .rSha!t 'be ob-
tained from the administrator. Chinmeys, 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) f~et
abova the limited height of the building on which the walls rest.
COVERAGEREGtYLATIONS
Buildings or groups of buildings with their accessory buildings
may cover up to seventy per cent (70~) of the area of the lot.
ARTIC~ 9. NONCONF01qMING USES
CONTINUATION
If at the time of enactment of this ordinance, there is any legal
activity which is being pursued, or ~ny lot or structure being
legally utilized in a manner or for a purpose which ~oes not
conform to the provisions of this ordinance, such manner of use
or purpose may be continued as herein provided, except tha~ ad-
vertising structures that become nonconforming because of a
rezoning have twenty-four (24) months within which to relocate
mn a permitted area.
If any change in title or renewalcof 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 ~hall 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 OCCUPANCY FOR NONCONF~G USES
Ail nonconforming uses shall be issued a certificate of oc-
cupancywithin six (6) months after the adoption of this
ordinance.
~AIRS ~h~D PL~INTENANCE
9-4.
9-5-1.
9-5-2.
9-7-1.
9-?-2.
9-?-3.
9-7-4.
1~-1.
10-1-1.
10-1 -2.
lo-1-3.
On any building devoter in~.whole or in part to any nonconforming
use, work may be done on ordinary repairs or on repair or re-
placement of non-bearing walls, fixtures, wiring or ~lumbing,
to such extent that the structure is kept in a usable condition.
Nothing in this ordinance shall be deemer to prevent the
strengthening or restoring to a safe condition of any structure
or par% thereof declared to be unsafe by any official charged
v~th promoting public safety, upon order of such official.
CHANGP. S IN DISTRICT BOUI~ARIES
Whenever the boundaries of a district are changeR, any uses of
land or buildings which become nonconforming as a result of such
change shall become subject to the provisions of this article.
!D[P~MSION OR ~GE~[F~YT
$ nonconforming structure to be ex~ended or enlarged shall con-
form with the provisions of this ordinance.
A nonconforming activity may be extended throughout a~ny part of
a structure which was arranged or Resigned for such activity at
the time of enactment of this ordinance.
NONCON~. 0RIII.NG LOTS
Any lot of record at the time of the adoption of this ordinance
which is less in area or width than the minimum reg~ired by this
ordinance may be used when the requirements of the~oarR of
Zoning Appeals regarding setbacks, sire and rear yards are met.
t~ESTORATION OR PiEPLACEIIENT
If a nonconforming 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-five per
cent (7~) of the cost of reconstructing the entire activity or
structm~e, it shall be restored only if such use complies with
the requirements of this ordinance. However, property owners
so affected may take recourse to obtain rezoning.
Where a conforming structure devoter to a nonconforming activity
or a noncgnfq.rming structure is damaged less than seventy-five
per cent [75~) of the cost of reconstructing the entire struc-
ture, either°may be repaired or restored, provi,led~ siay such
repair or reotoration is started within twelve [12) months and
completed within thirty (30) months from the date of partial
destruction.
The cost of land or mny factors~other t. han 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 family dwelling or an
historical area as herein RefineR, it may be restored or re-
placed regardless of the percentage of destruction.
ARTI6Ui~ 10 . Gi~N~ PROVISIONS
ZON~{G P~ITS
Buildings or structures shall be started, reconstructed, en-
larger or altered only after a zoning permit has been obtained
from the aimlni strator.
The Commission may request a review of the zoning permi~ 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 ~3J copies of a scale drawing. The irav~ng 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
277
10-2.
10-3.
10-3=1 .
10-3-2.
10-3-3.
lo-3-4.
1054.
with respect to the property lines of said parcel of land and
to the right of way of any street or highway adjoining said
parcel of land. Any other Anformation which the ad~rZnistrator
may deem necessary for consideration of the application may be
required. If the proposed building or use is in conformity
with the provisions of this ordinance a permit shall be issued
to the applicant by the administrator. One copy of dae 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 cer~ifi~
cate 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 land, complies with the provisions of this ordinance.
A similar certificate shall be issued for the purpose of main-
taining, renev~ing, 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 vrith the applic~tign
for a zoning permit. The permit shall be issued within ten ~ 1 0)
days after the erection or structural alteration of such building
or part has conformed with the provisions of this ordinauce.
CONDITIONAL USE PERMITS
Where permitted by this ordinance, the location of hotels, motels,
mobile hom.e parks, commercial amusement parks, hospitals, mobile
homes, airports, borrow pits, hog farms, sanitaz~y fill method
garbage disposal, refuse sites, and other permitted uses as
indicated, shall require, in addition to the zoning permit and
certificate of occupancy, a conditional use permit. These per-
mits shall be subject to such conditions as the governing.bod~YTh
deems necessary to carry out the intent of this ordinance e
governing body may delegate the authority to set conditions to
the Board of Zoning Appeals.
In determining conditions to be imposed, the governing body shall
take into consideration the intent of this ordinance mud may
impose reasonable conditions that:
(a)
(b)
Abate or restrict noise, smoke, dust, or other elements
that may ai~fect surrounding property;
Establish setback, side, front and rear yard requirements
necessary for orderly expansion and to prevent traffic
congestion;
(c) Provide for adequate parking and ingress and egress to
public streets or roads;
(e)
Provide adjoining property ~th a buffer or shield from
view of the proposed use if such use is considered to be
detrimental to adjoining property ~
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 in Section t~.1-431 of the Code.
Any use, building, or activity legally in existence on the ef-
fective 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 beyon~
the boundaries of the parcel or parcels of land on which it was
located on the effective date of this ordinance.
USES NOT PROVIDED FOR
If in any district established under this ordinance, a use is
not specifically permitted sad au application is made by a
t!~rO~erty owner to the administrator for such use, the adminis-
avor shall refer the application to the Planning Commission
which shall make its recommendation to the governing body ~thin
10-)'.
10-.5'-1,
lO-5'-2.
10-6.
10-?.
10-7-1.
10-7-2.
lO-7-3.
1 0-7-4
10-?-5.
10-7-6.
lO-7-?.
lO-?-8.
thirty (30) days. If the reco~nendation of the Planning Com-
mission is approved by the governing body, the ord%nance shall
be amended to list the use as a permitted use in that district,
henceforth. The provisions for notice and hearing provided in
Section 15.1-431 of the Code shall be applicable to the
amendment procedure herein set forth.
COST OF PIIBLICATION
Every application made to the administrator, the board, the
commission, or the governin~ body v/o_ich requires notice and
hearing in accordance v.~th Section 15.1-431 of the Code,'or in
accordance with the policy of the gov~r~ing ~odv, shall be ac-
companied by a fee of twenty,dollars (~20.00) p~able 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 10-5-t of the ordinance
shall be required of an individual making his first application
to rezone a parcel of his land from Agrioult~zral, A-1 to t~esi-
dential, t~-1, if the resulting residential lot would contain
less than two (2) acres.
VfIDENING OF HIGif{fAYS ~2ND S~qEETS
VChenever there shall be planS in existence, approved by either
the State Department ofHighways or by the governing body for the
~ridening of any street or highway, the Commission may recommend
additional front yard sera, acks for any new construction or for any
structures altered or remodeled adjacent to the futtrre planned
right of way, in order to preserve and protect the right of way
for such proposed street or highway widening.
MINI}gUM 0FF-S~B.F.F.T Pit, tING
There shall be provided at the time of erection of any main build-
ing or at the time any main building is enlarged, minimum off-street
parking space v~th 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 ~arking Of two (2)
automobiles for each family dwelling unit in a new building, or
each family dweltingunit added in the case of the enlargement of
an existing building, except multiple family dwellings containing
more than. six (6) dwel!ingunits, in ~hich case Section 1W-?-6
of this article shall control.
Tourist homes, cot~rts, a~nd motels shall provide on the lot,
parking space for one (1) automobile for-each guest room or
dwelling unit.
For church, high school, college and university auditoriums, and
for theaters, general auditorimms, stadimms and~other similar
mlaces of assembly, at least one (1) parking space for every five
[5) fixed seats!~rovided in said building or structure.
For hospitals, 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 sh~ll be furnished for each
doctor or dentist having offices in such clinic in excess of
three (3) doctors and dentists.
For apartments, at least one az'~d one-half (1-1/2) ~parking
spaces for each in~ividua~l dwel~!ing unit. For hotels and apart-
ment motels a.t tea~t one [ 1) pa~king space ~or. each sleeping
room, up,~agnd~ including the first twenty [20J sleeping rooms,
and one ~ 12 parking space for each two and one-half [2-1/2)
sleeping rooms over twenty (20).
For funeral homes, at least thirty (~0) parking spaces.
For retai~, stores se~ling d%rec~ to the public, one (1) parking
space for each one hundred [lO0j square feet of retail floor
10-7-9.
10-7-10.
10-8.
lO-8-1.
1 o-8-2.
lO-8-3.
to-8-4.
10-9.
10-9-1
1 0-9-2
t0-9-3
lO-9-¢
lO-9-5
space in the building.
Any other commercial building not listed above hereafter erected,
converted or struct_u~.~.ally altered shall provide one (1) parking
space for each one hundred (100) square feet of business floor
space in the building.
Parking s.~ace as required in the foregoing shall be on the same
lot with %he main building, except that in the case of buildings
other th.an dvyeliings,.~.spaces may be located as far away as six
h%m¢lred (600; feet. ~;very parcel of land hereafter used as a
public parking area shall be surface~ with gravel, stone,
asphalt or concrete. It shall have appropriate guard structures
wkere needed as determined by the administrator. Any lights
used to illt~ninate said parking areas shall .be so arranged as
to reflect the light av~y from adjoining premises in a resi-
dential di strict.
L0t[DING A~ID UNL01~DING AREAS
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 dis-
play, retail store, wholesale business, hotel, hospital, laundry,
dry cleaning or other uses siliiarly involving the receipt or
distribution by vehicles of materials or mercha~udise, there shall
be provided and maintained adequate off-street spaces for
standing, loading and unloading purposes.
At least one off-street space shall be provided for each twenty
thousand (20,000) square ~eet of floor area or fraction thereof
used or intended to be used for any of the above purposes; pro-
vided, that this provision shall notapply to buildings or
truct.ures 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)
feet in width, fourteen a~d one-half (t4-1/2) feet.~.in clearanc~
height and a depth sufficient to accommodate the Iargest
livery trucks serving the establishment, but in no case shall
such length be less than twenty-five (25) feet.
All loading and unloading berths shall be surfaced with a bi-
tuminous 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.
PEPd~ENT EOBII~ HOME PAI~(S
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:
Area Requirements. For each mobile home space, within a park
having a central water and sewer system, and designed to
accommodate 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.
W_~Each mobile home space shall have a minimum width of
forty (40) feet.
Distance Between ~obi]_e Homes. Parking spaces for mobile
homes shall be arranged so as to provide a ~istance 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.
Sanita.r¥ Faa~ities,. Each mobile home space shall be provided
with individual water and sewer connections to a public system.
E!eetr~ aa] Co~ne~.tio~s~.. Each mobile home space shall be provided
with electrical outlets installed in accordance with the National
Electrical Code.
28g
10-10.
10-10-
10-10
10-10-
10-10-,
10-10-~
10-1 0-'6,
0ffJStreet P~kinR. Each mobile, home space shall be provided
with off-street parking suitable to accomodate not'-less th~n
2) si zed?automobi~:~s. ~:'- '~
S:
is
di
for temporary trai may be
body, s~bject to the ng con-
g
the
'S
~tion
st is ~ed by
of H~hway s
area of':two
spaae.
s confoZ
~or.
of
,ted i~
ten
days
trailer .s necessary for
s employed an industrial,
eot.
ertified to the in~gstry
essent: to the~bn- o
(2,000)
feet be
[ealth Depart-
~to the Stat,
requirement
~h temporary
~e construct:
~ore time is
~Wal applicat:~
$ior to the e~
o~k shati concur
A piications
~quired ~O comple~te
as must -be filed
iration ~OF the
.y, in ~anting such ~cond~tional use
postin~Of a bond t ssure that the
.!er will b~emoved and ~ site l'Sft in
good order at the e~piration of the permit.
lO- O-7.
The governing body shall establish ~nch additional requirements
as are in the best interest of the public.
10-11.
RESTRICTIONS ADJACENT TO AIRPORTS
10~11.1.
Establishment of Aooroach Zones. The Commissio~sha!! determine
whether there e~ists any areas which would be involved under
the Federal Aviation Agency's criteria for determining obstruc-
tion to air navigation. If there are, they shall be marked on
a copy of the zoning map in the office of the administrator.
It shall be available to the public for examination.
10-11-2.
The administrator shall prepare such height and other regula-
tions governing the construction of buildings and structures in
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.
10-11-3.
10-11-4.
Places of public assembly, such as schools, churches, hospitals,
apartment houses, theaters and assembly halls shall not be
erected or otherwise l~cated in any area which would be classi-
fied as an "approach zone". This "zone" includes an area of
eleven thousand (1t,000) feet from the end of any runway. The
"aooroach zone" for airports ac0ommod~ting heavy jet aircraft
ex~nds out three and one-half (3-1/2) miles from the end of
the runway.
Notv~thstanding muy other provisions of this ordinance, no use
shall be made of land wi'thin any approach zone in such a manner
as to create electrical interference with navigational radar or
radio communication between and aircraft, make it
difficult for flyers to distin ~n airport lights and
other lights, result in glare of,~lyers using the
airport, impair visibility in the o~'~:'the airport or
OSherwise endanger the landing, taking off, or maneuvering of
aircraft.
ARTICG~E 11.
i~0¥i SION'S 'FOR A?PEAL -
11-1. BOARD OF ZONING .~F~S., .~POINT~,,NT AND ORGANIZATION
11-1 -1.
11-1-2.
1 1-1-4..
11-2.
11-2-1.
11-2-3.
A board of zoning appea~s 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.
~embers 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
vhigh appointed him, after hearing held after at least fifteen
[1~) days' notice.
The board of zoning appeals shall adopt such rules and regula-
tions as it may deem necessary to carry out the duties i~posed
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
chairman and vice-chairman who shall act in the absence of the
chairman. The chairman, or in his absence, the acting chairman,
may administer oaths and compel the attendance of v~tnesses.
The board shall keep minutes of its proceedings, showing the
vote of each member t~on each question, or if absent or failing
to vote, indicating such fact. Ail records of official actions
shall become 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 n~cessary to reverse
tony order, requirement, decision, or determination of any
ministrative official or to decide in favor of the applicant
on any matter which comes before the board.
~0V,IERS .~-DDUTI~,S ,OF, THE BOARD OF ZONING
Boards of zoning appeals shall have the following powers and
duties in accordance with Section 15.1-495 of the Code:
TOlhear and decide appeals from any order, requirement, de-
cision, or determination made by an a~ministmative officer in
the administration or enforcement of this ordinance or regula-
tion adopted pursuant hereto.
To authorize upon appeal in specific cases such variance from
the terms of this ordinance as ~11 not be contrary to the
public interest, when owing to special conditions a literal
enforcement of the provisions witl result in unnecessary
hardship; provided that the spirit of the ordinance shall be
observed and substantial justice done, as follows:
When aproperty owner can show that his property was acquired
in good faith and where by reason of the exceptional narrow-
ness, shallowness, size or shape of a specific !~eiceoof pro-
perty at the time of the effective date of the ordinance, or
where by reason of exceptional topographic conditions or other
extraordihary situation or aondition of such peice 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 unreasonably restrict the use of
the property or where the board is satisfied, upon the evi-
dence heard by it, that the granting of such variance will
alleviate a clearly demonstrable hardship approaching confis-
cation, as d'istinguished from a special privilege or conven-
ience 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 unless it
finds: (a) that the strict ~ppl~cation of this ordinance
would produce undue hardship, ~bJ that such hardship is not
11-2-5'.
11-2-6.
11-2-?.
11~3.
1 1 -4.
1 1-4-1.
1 1 -4-2
11-5.
~ared generally by other properties in the same zoning dis-
trict and the ,same vicinity; and (c) that the authorization of
such variance w~!l 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-~31 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 reasonably practicable the formulation of a g~neral
regulation to be. adopted as an amendment to the ordinance.
In authorizing a variance the board may impose such conditions
regarding the location, character and other features of the pro-
posed structure for 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 com-
plied with. .
To hear and decide appeals from the decision of the zoning ad-
ministrator on applications for such soecial exceptions as may
be authorized-in this ordinance, which-may be delegated to the
board by the governing body'. The board may impose such con-
ditions relating to the use ~r which a permit is granted as it
may deem necessary in the public interest mud may require a
guarantee or bond to insure that the conditions imposed are
being and will continue to be complied with.
No such special exception may be gr. anted except after notice and
hearing as provided in Section 15.1-431 of the Code.
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 of 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.
APPE~ TO THE BOARD OF ZONING I~I~2EiLLS
Appeal to the board may be taken by any person aggrieved or by
any officer, department, board or bureau of the county affected
by any decision of the. zoning administrator. Such appeal shall
be taken within thirty (30) days after the decision appealed
from by filing t~th the zoning administrator, and with the board,
a notice of appeal specifying the grounds thereof. The zoning
administrator shall forthwith transmit to the board all the
papers constituting the ~ecord upon which the action appealed
from was taken. ~n appeal shaI1 stay all proceedings in further-
ance 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 im~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 gnd for good cause shown.
PROCEDIIRE FOR 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 public hearing shall be accom-
panied by a fee of twenty dollars [~20.00) payable to the
Director of Finance, to defray the cost thereof.
PUBLIC ~ARING
283
11-6.
11-6-2.
11 -6-3.
1 1 -6-4.
11-6-¢.
11-6-6.
11-7.
11-7-1.
i 1 -7-2.
11-7-3.
11 -7-4.
The board shall fix a reasonable time for the hearing of an
applicat~_on Or appeal, give public notice thereof pursuant to
Section ~.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, require-
ment, decision, or determination appealed from.The concur-
ring vote of three (30 members shall be necessary to reverse
any order, requirement, decision, or determination of an
administrative officer or to decide in favor of the appticam_t
on any matter upon which it is required to pass under the
ordinance or to effect any variance from this ordinance.
S2E OI~LL EXCEPTIONS
S t
The board may, upon application, in accordance with ectmon
1~.1 ~' O ' '
-490 of the ode, grant a special exception to the regul-
ations of the districts set forth in this ordinance; provided,
however, all exceptions granted shall by their design, con~
struction, 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 sup.~_ly of light and air to ad-
jacent 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.
Any special exception granted by the Board shall be considered
cancelled if..the appligant does not avail himself of the privi-
lege within ninety ~90J days from the date of issus~nce of the
xc,eption. An extension of~ time up to an additional ninety
90J days shall be granted by the Board upon written applica-
tion and for good cause shown.
DECISION OF BO~d) OF ZONING
Any person or persons Jointly or severally aggrieved by any
decision of the board of zoning appeals, or any taxlPayer or any
officer, department, board, or bureau of the county may present
to the circuit court of the county a petition specifying the
groomds on which aggrieved within thir]ty (30) days after the
filing of the decision in the office of the board.
~pon 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 v.%thin which
a return thereto must be made and served upon the retator's
attorney, which 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 cot~rt
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
concisely set forth such other facts as may be pertinent and
material to show the grounds of the decision appealed from s~d
shall be verified.
If, upon the hearing, it shall appear to the co,art that testi-
mony is necessary for the proper disposition of the matter, it
may take evidence or appoint a commissioner to take such evi-
dence as it may direct and report the same to the court with
his findings of fact and conclusions of law, which shall con-
stitute apart of the proceedings upon which the determination
12-1.
12-2.
13-1.
13.2-
13~-3.
13-4.
14~1 .
14-2.
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
appear to the court that it acted in bad faith or with malice
in making the decision appealed from.
fYRTICLE 12. VIOLATION f~ID PENALTY
All departments, officials, and public employees of this juris-
diction which are vested v~th the duty or authority to issue
permits or licenses shall conform to the provisions' of this
ordinance. They shall issue permits for uses, buildings, or
purposes only when such permits are in harmony with the pro-
visions of this ordinance. Any permit, if issued in conflict
~th the provisions of this ordinance, shall be null and void.
A_ny person, firm or corporation, whether as principal, agent,
employee or other~se, violating, causing or permitting viola-
tion of any of the provisions of this ordinance shall be guilty
of a rmisdemeanor and upgn conyiction, thereof, may be fined not
iessLthan ten dollars tU10.00jnor more than two htun~ed fifty
dollars ($25'0.00). ouch pe~ son, $Irm 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, continued, or permitted by such person, firm, or
corporation and shall be punishable as herein provided.
ARTIJI~ 1 3 · ~tIENTS
The regulations, restrictions and boundaries established in this
ordinance may, from time to time, be amended, supplemented,
ch~a~ged, modified, or repealed by the governing body pu_rsuant
to Nection 15.1-493 of the Code, as follows:
T~ Planning Commission shall hold at least one public ~earing
on ~such proposed amendment after notice as required by ~ection
15~1-431 of the Code, and may make appropriate changes in the
proposed amendment as a result of such hearing. Upon completion
of its work, the Commission shall .present the proposed amend-
~ent to the governing body together-~:with its recommendations
and appropriate explanatory materials.
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 15.1~31 of the Code, after
which the governing body may make appropriate changes or cor-
rections in the proposed amendment; provided, however, that no
additional land may be zoned to a different classification than
was contained in the public notice without an additional mublic
hearing after notice required by Section 15.1-431 of the ~ode.
An affirmative vote of at least a majority of the members of the
governing body shall be required to amend the zoning ordinance.
In the even that the governing body shall deny the_petition of
any property owner or other petitioner to amend this ordinance,
substantially the sam. e petition shall not be reconsidered for a
period of one (1) year from the date of the original denial by
the governing body.
ARTIC~ 14. ADI~INISTRATION A!~D IN~TATION
This ordinance shall be enforced by the administrator who shall
be appointed by the governing body. Tbja 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. How-
ever, 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 ~rith the provisions of this
ordinance for the district in which the operation is located.
14-3.
14.-4.
14-4=. 1 .
14-4-2.
14-4-3.
14-6.
14-7.
The office of the administrator shall be located in the County
Office Building. Telephone number, 296-~621. The office of
the administrator shall be open for the conduct of business
each ~onday through Fr~iday, inclusiv.e, ( except holidays)
between ~the hours of 8:00 A.~. and ~.00 P.~. to assist t~e
public in seeking and obtaining zoning permits, certificates
~f occupancy, conditional use permits, special exceptions as
herein provided, additional uses and amendments to this ordi-
nance 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 Building 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 which may be re-
quired by any provision of this ordinance and the administrator
and his staff shall be charged with the duty of rendering as-
sistance 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 appoint-
ment.
iNTERPP~TATION
Unless district boundary lines are fixed by dimensions or other-
wi~e 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 aporoximatel fol-
.l'.o~i~'ng or being at right angles to the center-lines of Ystreets,
highways, alleys, or railroad main tracks, such center lines or
lines at right angles to such center lines shall be construed to
be such boundaries, as the case may be.
Where a district boundary is indicated to follow a river, creek
or branch or other body of water, said boundary shall be con-
s'trued to follow the center line at low water or at the limit of
j~risdiction, and in the event of change in the shoreline, such
boundary shall be construed as moving wit~ the actUall] shoreline.
of no distance,., angle, curvature description or other means is
iven: to determine a boundary line accurately and the fore-
lng provisions do not apply, the same shall be determined by
e use of the scale shovm on said zoning map. In case of sub-
~equent dispute, the matter shall be reierre~ to the Board of
Zoning Appeals which shall determine the boundary.
.E. FFECTIVE DATE
his zoning ordinance of .Albemarle County, Virginia, shall be
ffective at and after 12.01 A.N., April 1~, 1968.
Should any section or provision of this ordinance be decided by
the courts to be uncOnstitutional or invalid, such decision
~halt not affect the validity of the ordinance as a whole, or
uYt part thereof other than the part so held to be ~unconsti-
utional or inva!id~.
_CONFLICTING OI~DINANo~ES.~ STATUTR. S AND I~EGULATION~
~henever any section or provision of this ordinance or any
· egulation adopted under the authority of this ordinance re-
quires a greater width or size of yards, courts or other open
paces, requires a lower height of building or less number of
tories, requires a g~ea~er percentage of lot to be left un-
ccu~ied or imposes other higher standards than are required in
ay ~Etate statute or ~ther county ordinance or ~egu!ation, the
~rovision of this ordinance or of the regulation adopted under
~he authority of this ordinance shall govern. ~enever any
:ection or provision of any State stat~e or other county
~rd~nance or regulation requires a greater width or size of
~ards, courts, or other open spaces, requires a lower height of
285
14--8.
building or a less number of stories, requires a greater.per-
centage of lot to be left unoccupied or impoaes 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.
A certified copy of the foregoing zoning ordinance of Albe-
marle County, Virginia, shall be filed in the office of the
zoning administrator of Albemarle County, and in the office
of the Clerk of the Circuit Court of Albemarle County, Vir-
ginia.
ARTIOff~ 15,. DEFINITIONS
Defined herein are those terms and names used which might be subject to
other interpretations. Where terms are sufficiently identified within the
text of the ordinance, the ~efinition item will refer to that section number.
The words "used for" include "designed for", and vice versa; words used
in the present tense include the future; words in singular number include the
plural number and vice versa; the word" building" includes the word "struc-
ture'', the word'~we!ling" includes the~word "residence"; the word "lot" in-
cludes the word "plot"; and the word "shall" i~s mandatory and not directory.
15,-1.
commercial slaughter house.~
ACCESS0i~Y USE Oil STRUCTURE: A subordinante use of structure
customarily incidental to and located upon the same lot
occupied by the main use or building.
15,-3.
AC~.IGE: A parcel of land, regardless of area, described by_
metes and bounds which is not a numbered lot on any recorded
subdivision plat.
1 5,'-4.
ADMI~NISTRAT~,. ~HE: Thh 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 compen-
sation as determined by the governing body.
15,-5'.
AGRICULTIiRE: 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.
1¢-6.
.AL~TION: Any change in the total floor area, use, adapta-
bility, or external appearance of an exi'sting structure.
15'-?.
APART~ENT HOUSE: A building used or intended to be used as the
residence of five (5,) or more fa~r~i!ies or individuals living
independently of each other.
15,-8.
15-9.
AUTOMOBILE G~VEYARD: Any lot or p~ace which is exposed to the
weather upon which more than two (2~ motor vehicles of any kind,
incapable of being operated and which it would not be economi-
cally practical to make operative, are located or found. See
also "' "
junkyard .
BASEMENT: A story having part but not more than one-half (1/2)
of its height below grade. A basement shall be counted as a
story for the purpose of height regulations if it is used for
business purposes, or for dwelling purposes by other than a
janitor employed on the premises.
15'-10.
15,-11.
BOARDING HOUSE: A dwelling, other than a hotel, where, fo~
oSPensation, meals or lodging and ~eaSs are provided for three
3) or more but less than fourteen ~14~ persons.
BUILDING: Any structure having a roof supported by columns or
walls, for the housing or enclosure of persons, ~uimals or
chattel°.
BUILDING.~ ACCESSORY: A subordinante structure customarily in-
cidental to and located upon the same lot occupied by the main
structure.
15-13.
15,-14.
15-18.
15-19.
15-20.
15'-21.
15-22.
15'-23.
15-24.
15-25.
1 5,-26.
15-27.
15,-28.
15'-29.
BUI..I~ING. HEIGHT~ OF: The vertical distance measured from the
level of the curb or the eStablished curb grade opposite the
middle of the front of the structure to the highest point of
the roof if a flat roof; to the deck line of a mansard roof;
or to the mean height level between the eaves and ridge of a
gable, hip, or gambrel roof. For buildings set back from the
street line, the height shall be measured from the average
elevation of the ground surface along the front of the building.
B. UI.LDING, MAIN: The principal structure or one of the princi-
pal buildings on a lot, or the building or one of the principal
buildings housing the principal use on the lot.
0AMPGROUND: 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
~rith regulatio.ns for sanitation imposed bythe City-County
ca!th Officer, and a conditional use permit shall be obtained
in every case.
O.A~., ~: 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.
~.I~R: A story having more than one-half (1/2) of its height
below grade and which may not be occupied for dwelling purposes.
CE~iE~ERY: A privately or church ovaaed and/or operated place
for burial of the dead where lots are sold and perpetual
care of the graves is furnished.
CODE; THE: The Code of Virginia, as'the same may be amended
from time to time.
CONMI SSION.,.. THE:
Vir gini a.
The Planning Conzmission of Albemarle County,
COUNTRY CLUB: Any non-profit corporation organized and oper-
ated to provide facilities for dining, golf, tennis and
swimming to 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.
DISTRICT: Districts as referred to in Section 15.1-486 of the
Code.
DWELLI~NG: Any structure which is designed for use for resi-
dential purposes, except hotels, boarding houses, lodging
houses, tourist cabins, apartments and fraternity houses.
WELLING~ ~UJLTIP~-FANTLY. A s e ·
..... ~ .. .- t~u~ture arran6ed or desmgned
vo ce occupmem oy more than one ~1] family. Town houses are a
different class of use. See Section
SN ,' ·
_DWELLING, I GLE-FAMILY. A structure arranged or designed to
be occupied by one (1) family, the structure having only one
( 1 ) dwelling unit.
W0-EAMITY. .a structure arranged or designed to be
occupied by two (2) families, the structure having only two
(2) ~welling units.
DWELLING UNIT: One or more rooms in a dwelling designed to
provide living and sleeping accommodations for an individual
or a family.
.DUMP HEAP (TRA .SH PI?,E): Any area of one hund~e~ (100) square
feet or more lying within one thousand (1000~ feet of a State
highwa~z, a residence, a dairy barn or food handling establish-
288
13-3o.
15-31.
1 3-32.
15-33.
15'-36.
15-37.
1 5'-38.
15'-39.
1 5-40.
15-4-1.
merit where trash, garbage, or other waste or..scrap material
is dumped or deposited without being covered by a sanitary
fill.
FAMILY: One or more persons occupying a premises and living
in a single dwelling unit, as distinguished from an ~mrelated
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 and required
herein.
GARAGE. FRIVATE: Accessory building designed or used for the
storage of automobiles owned and used by the occupants of the
building to which it is accessory.
GARAGE,. PUBLIC: A building or portion thereof, other than a
private garage, designed or used for servicing, repairing,
equipping, renting, selling, or storing motor-driven vehicles.
GF2~.... STORE., COUN~RY: A, s2ngl~e store, the ground floor area
of which is four thoUsand ~4,000J square feet or less and which
offers for sale primarily, most of the fo'llov~ng articles:
bread, milk, cheese, canned and bottled foods and drinks,
tobacco products, candy, papers and~ magazines, and general
hardware articles. 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, ptublicly or privately o~med, on
which the game ~o!f is played, including accessory uses and
buildings customary thereto, but excluding golf driving ranges
as defined herein.
GOLF~.I~IVINGI~GE: A limited area on which golf players do
not walk, but onto which they drive golf balls from a central
driving tee.
GOVERNING BODY:
Virginia.
The Board of Supervisors of Albemarle County,
GUEST R00~: A room which is intended, arranged or designed to
be occupied, or which is occupied, by one or more guests p~y~g
direct or indirect compensation therefor, but in which no pro-
vision is made for cooking. ~ormitories are excluded.
GRAVEYAtLD: A ~lace for burial of the dead, which has been set
aside and maintained by a family, consisting of one (1) or
more graves.
HISTORICAL ~EA. A building or group of buildings with acces-
sory buildings and structures, including monuments .and t~s lot
on which they are found, to which the provisions of the ordi-
nance apply for the~protection and perpetuation of an historical
heritage. Historical-areas shall be designated on the zoning
map.
HOG F~: A farm where hogs are kept and fed primarily on
garbage ar industrial waste.
H0~ GARDEN: A garden in a residential district for the pro-
duction o.f vegetables, fruits and flowers generally for use and/
or conmmmption by the occupants of the premises.
HOME 0OOU~ATION: An occupation limited to persons residing on
the premises and dome~stic servants, in connection with which
there is no evidence ~excepting signs as otherwise hereinafter
provided) that will indicate from the exterior that the build-
ing is being utilized in whole or part for any purposes other
than that of a dwelling; in connection with which there is kept
no stock in trade nor commodity sold upon the premi.ses,.and no
mechanical equipment used which exceeds one-fourth [1/~) horse-
power other than such as are permissab!e for pt~re!y domestic o~
household purpo se s.
289 '
5-44.
15-45.
1 5-46.
1 5-4-7.
1 5-48.
1 5-49.
45-50.
45-52.
15-5'3.
5-54.
!5-56.
15-59.
HOSPITAL: A building or group of buildings designed, used or
intended to be used for the carecof the sick, aged or infirm~
includin~ the care of mental, drug-addiction or alcoholic
cases. '£his terminology shall include, but not be limited to
sanitariums, nursing homes and convalescent homes.
HOTE_ L: A building designed or occupie~ as the more or less
temporary abiding place for four-teen %14) or more individuals
who are, for compensation, lodged, with or without meals, and
in which provision is not generally made for cooking in
individual rooms or suites.
JUI~KY.z~DS: The use of any area of land of more than two
hundred (200) square feet in any location for the buying or
selling, storage, keeping, or ,abandonmen~ of junk inc!udin~
scrap metals or other scrap materials. '±~e term
shall include the term "automobile graveyard".
KENNEL: A place designed or ~repared to house, board, breed,
handle, or otherwise keep or care for dogs or cats for sale
or in return for compensation.
LIVESTOCK: Domestic animals normally raised on a farm such as
draft horses, cows, s~%~ne, goats, sheep';~ etc. This definition
specifically excludes light horses or pomies us~ Primarily
for pleasure riding.
LIVESTOCK MARKET: A commercial establishment wherein live-
stock, including horses and ponies, is collected for sale smd
auctioned off.
LOT: A parcel of land occupied or to be occupied by a main
structure or group of main str..uctures and accessory structures,
together with such yards, open spaces, lot width and lot areas
as are required by this ordinance, and having frontage uvon a
street, either shown on a plat of record or considered as a
unit of property and described by metes and bounds.
LOT~ 00~: A lot abutting on two or more streets at th~±r
intersection. Of the two sides of a corner lot the front shall
be deemed to be the shortest of the two sides fronting on
street s.
LOT, DE~TH OF: The average horizontal distance between the
front and rear lot lines.
LOT, DOU 2 FaO, ,TA, E:
( 2')' streets.
An interior lot having frontage on two
LOT,. INTERIOR: Any lot other than a corner lot.
LOT~ WIDTH OF:
lot lines.
The average horizontal distance between side
LOT 0FRECORD: A lot which has been recorded in the Clerk's
Office of the Circuit Court of Albemarle County, Virginia.
MANUffACTURE Z~D/0R ~.U~AC.TUR~ING: The processing and/or con-
verting of raw, unfinished materials, or products~ or either of
them into articles or substances of different character, or for
use for a different purpose.
MOBIT~ HOi~E: A mobile home is a single-family dwelling designed
for transportation, after fabrication, on streets and highways
on its own wheels or on flatbed or other trailers, and arriving
at the site where it is to be occupied as a dwelling complete
and ready for occupancy; except for minor and incidental un-
packing and assembly operations, location on Jacks or per~a-
nent foundations, correction to utilities and the like. [See
Travel Trailer 1~-89.)
MOBIT~ H0,~ PARK OR SUBDIVISION: Any area of ten (10) acres or
more designed to accomodate ~nty-five (2~) or more mobile
homes intended for residential use where residence is in mobile
homes exclusively.
5.-62.
1 -66.
15-67.
1 5.-68.
1 5'-69.
5-7o.
1 5-71 ·
1 5-72.
NONOO~_T. FOt~,{LWG LO~: An other~se legally platted lo% that does
not conform to the minimmm area or vridth requirements of this
ordinance for the district in which it is located either at
the effective date of this ordinaace or as a result of sub-
sequent amendments to the ordinance.
N0.NC. ONFOR~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 to the ordinance.
NONOONFORM~NG .S~RUCTURE: An otherwise legal building or
structure that does not conform with the lot area, yard, height,
lot coverage, or other area regulations of this ordinance, 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.
OFF-S~EET PAI~KiNG AREA: Space .provided for vehicular parking
outside the dedicated street right of way.
PARKING S~ACE: A space of sufficient size and shape to park one
('"1) standard size automobile and containing not less than three
htmdred (300) square feet of area.
~EN: A small enclosure used for the concentrated cor~nement and
housing of animals or poultry; a place for feeding and fattening
animals or poultry; a coop.
?OUL~RY: Domestic fowl normally raised on a farm such as chi~-
kens, ducks, geese, turkeys, peafov~, guinea fowl, etc..
PUBLIC S~WER SYSTi~: A central system for the removal, carrying
off, treatment and dismosa! of sewage serving or designed to
serve th_red (3) or mor~. independent dwellings or structures, and
which may be ovmed and/or operated by a m,maicipality or county
or service authority or by an individual, psstnership, or cor-
poration ae~oved by the governing body in accordance with
'Title ~ ~. ~- of the Code, as amended.
PUBLIC WA~ SUPPLY: A central system for supplying potable
water to three ~3) or more independent dwellings and which may
be owned and/or operated, by a municipality or county or service
authority or by an indi~idua!, partnership or corporation ap-.
proved by the governing body an~ mroperly licensed b~ the State
Board of Health in accordance wit~ Title 62 Of the O~de, as
amended.
~UARR/YIHG: The industry of extracting stone from an open ex-
cavation. Quarrying shall be deemed to include both the
extraction and processing of crushed stone for aggregate and
related uses and the extraction of stone in blocks for build-
ing, monumental and related uses, but shall not be deemed to
include sand and gravel operations nor extractive industries
of a temporary nature.
REQUIRED 0~EN SFA~:
rear yard.
Any space required ~ ~-': ~
~n ~any front, side, or
RESTA~NT: Any building in which for compensation, food or
beverages are dispensed for const~mption on the premises, in-
eluding, among other establishments, cafeterias, cafes, tea
rooms, confectionery shops, refresement stands and drive-ins.
i~ETAIL STGRES ~D S~HOZS: Buildings for display and sale of
mercha,ndise at retail or for the rendering of personal ser-
vices [but specifically exclusive of coal, wood, and lumber
yards), such as the following, which v~ll serve as ~itlustra-
tion 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.
1 5-?4-.
15'-77.
1 -77-3.
1
1 -78.
15'-79.
1 ~-82.
1~-83.
See Street.
.SA~ILL: A portable say, hilt l~cated on private property for
the processing of timber cut only from that property or z~fom
property immediately contiguous and adjacent thereto, or in-
cidental processing of timber transported from other'-_~roperty.
SA~II~a'~_ ~EI~~T: A sawmill permanently located for the
purpose of processing timber from the property on which
located, from adjoining proper~y, or from.other properties
removed from the sawmill or it~ environs v~[thout regard to
point of origination. Such mil_ll may or°may not be .held out
for the processing of timber bought or ooid on a price basis.
SETBACK. The minimum distance by which any building or struc-
ture must be separated from the :Front lot line.
SIC~I~.. ~ny dmsp!ay of any lett~e~ s, words, numerals, fm'gures,
devices, emblems, pictures, o,~.ny parts or combinations .'
thereof, by any means..w.hereby [the same are visible.for the
purpose of'making anything knSvm, whether such di .sp!ay be made
on, attached to, or as a part of a structure, surface or any
other thing, including, but n~t limited to, the ground, any
rock, tree, or other natural ~bject, which display is visible
beyond the boundaries o~ the ~arce.1 ~of land on which the same
made. A display of leso than one [1) square foot in area is
excluded from]$hi s ~efinition.
is
modity, or
A sign which directs attention to a product, cum-
service available On the premises.
Home 0eaumat_~o~. A sign not exceeding four (4) square feet in
area dire'6ting attention to s~rvice available on 6he premises,
but which service is clearly a secondary use of the ~elling.
Gemaral A~verti siqg. A sign which directs attention to a
Product, ,commodity, or service not necessarily available on
the premi se s.
oeat~o~. ~ sign which directs attention to the approximate
location of an establishment from which the advertised product,
service or accommodation may be obtained.
Direationa]. A directional sign is one (one end of which may
be pointed, or on which an ar
the direction to which attent
feet or less in area, giving
business responsible for the
SIGN S~UCT~: Include s the
framework of any struct~zre, b
v-type or otherv~ise, exhibiti
row may be ~aSnted, ~n$icating
ion is ca!!~d~ fottr t4) square
the name only of the farm or
srection of same.
supports, uprights, bracing, and
it single-fac-ed, double-faced,
.~g a sign.
.SIGN, TE~.01~Y: A sign applying to a seasonal or other brief
a~tivity s.uch ~as, but not l~ited ~to, summer camps, horse
snows,~ aucZions or sale of !sad. Temporary sign~ shall con-
form in size an.~ type to directional signs.
See Retail stores and shoms.
STORY. That portion of a building, other than the basement,
included between the surface of any floor and the surfac~ of
the floor next above it. If there be no floor above it, the
space between the floor and the ceiling next above it.
STORY. HALF: A space under a sloping roof, which has the line
of intersection of roof decking and wall face not.more than
three (3) feet above the ~op[~'loor level, and in which smace
not more than two-thirds (2/]) 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~R~EET~ RO~D: A public thoroughfare which affords principal
means of access to abutting ~roperty.
1 ¢-87.
1 -88.
1 -89.
1 5-90.
15-9 .
1 5-92.
15-93.
1 5-93-1.
1
15-93-3.
STRUCTHRE: Anything constructed or erected, the use of which
requires permanent location on the ground, or attachment to
something having a permanent location on the g~nnd. This in-
cludes, among other things, dwellings, buildings, signs, etc..
TOURI~ COURT, AUTO COURT, MOTEL. ~INS, OI%~O~TOR LODf~E: One
"('"1")' or more ~ilding~ containing 'individuai~-,~o~'eeping rooms,
designed for or used temporarily by automobile tourists or
transients, with garage or parking s~ace conveniently lo-
cated to each unit. Cookin~ facilities ma.y be provided for
each unit.
TOURIST I{0UJ~: A dwelling where onl_v lodging is provided fOr
compensation for up, to fourteen (14] p~rsons [See aioo Hotels
and Boarding Houses] and open to transients.
TOW HOU~: One of a series of from three (3) to ten (10)
attached dwelling units, under single or multiple ownership,
separated from one another by continuous vertical walls with-
out openings from basement floor to roof, and having diversi-
fied architectural facades, or treatment of materials on both
front and rear ,of ,the building group, with not more than four
4) of any ten [ 103 abutting town hSuses having the same
architectural facade,s ,and treatment of materials, and with
not more than three [3~ abutting tovm houses having the same
front and rear setbacks. Minimum setback offset shall be not
less than one (1) foot.
~TRA~EL. ~%II~.: A mobile unit less than twenty-nine, (29)' .feet
in length and less than four thousand five hundred [4,~00]
pounds in weight which is designed for temporary human
habitation.
USE, ACCESSORY: A subordinate use, customarily incidental to
and located upon the same lot occupied by the main use.
V~RI~fikTCE: A variance is a relaxation of the terms of the zoning
ordinance where such will not be contrary to the public interest
and where, orang 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 authorized only for
height., area, and size of structure or size of yards and open
spaces; establishment or expansion of a use otherv~ise prohibited
shall not be allowed by variance, nor shall a variance be
granted because of the presence of non-conformi$i-es in the
zoning district or adjoining zoning districts.
VfAYSID~.,STAI~D, R03:EDSIDE ST.M,;E), W&~fSIQE ~.~: Any structure
or land used for the sale of agricultural or horticultural
produce, or merchandise proauced by the owner or his family
on their farm.
YAPD: An open space on a lot other than a court unoccupied and
unobstructed from the ground upward, except as otherwise
provided ~hrein.
Front. An open space 9n th,e same lot ~s a building between the
front line of the"builming [excluding steps) and the front lot
or street line, and extending across the full '~idt~ of the lot.
R~a.r. An open, unoccupied space on thee 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.
S~d~'~ An open, unoccupied space on the s~me lot as a ~dilding
between the side line of the building (excluding steps) and the
side Iine of the lot, and extending from the front yard line to
the rear yard line.
(Note is made of the fact that the petition Mrs. Irwin submitted at the
begi~ming of her talk is not recorded as a part of this meeting since ~rs.
Irwin would not leave same with the Board as a part of its file on the
matter. ~rs. Irwin stated there were several thousand signers to this
petition. However, count revealed only 70.2 signatures. ~rs. Irwin gave as
her reason for taking the petition back the fact that the Board did not
examine the list of signers prior to action o~ the .zoning ordinance.)
On motion, ~e meeting was adjourned.
"~ ' ~Ch~irman