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Agenda Item
22. 21-524 ZTA202100002 Special Exception Procedures. This proposed ordinance would amend certain sections of County Code Chapter 18 (Zoning). To the extent that the following County Code sections identify the Albemarle County Planning Commission and certain administrative agents as responsible for considering and acting on requests for zoning waivers, modifications, variations, and substitutions, the proposed ordinance would amend each of these sections by substituting the Albemarle County Board of Supervisors for the Commission and those agents (respectively), in order to clarify and confirm that the Board is to consider and act on zoning special exceptions, consistent with applicable case law: § 18-4.2 (Critical slopes); § 18-4.2.2 (Building site area and dimensions); § 18-4.2.5 (Modification or waiver); § 18-4.6.6 (Lot access requirements); § 18-4.10.2.1; § 18-4.10.3.1 (Exceptions--Excluded from application); § 18-4.10.3.2 (Exceptions--Limited); § 18-4.12.2 (Applicability); § 18-4.12.13 (Loading areas); § 18-4.12.15 (Minimum design requirements and improvements for parking areas); § 18-4.12.16 (Minimum design requirements and improvements for parking spaces within parking areas or parking bays); § 18-4.12.17 (Minimum design requirements and improvements for vehicle access aisles); § 18-4.17.5 (Modification or waiver); § 18-4.18.07 (Modification or waiver); § 18-5.1 (Supplementary regulations); § 18-5.1.24 (Subordinate retail sales); § 18-5.1.44 (Farm worker housing); § 18-5.2A (Home occupations in the rural areas zoning district); § 18-8.5.5.3 (Variations from approved plans, codes, and standards of developments); § 18-20B.3 (Area and bulk regulations); § 18-20B.7 (Sidewalks and street trees). In addition, the proposed ordinance would repeal County Code § 18-2.5 (Procedures for administrative waivers), and update other outdated references and provisions.