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'''Zoning''' is a land-use regulatory mechanism that determines what can be done with property. This article is intended to be a compendium of zoning history in both [[Albemarle County]] and [[Charlottesville]].  
'''Zoning''' is a land-use regulatory mechanism that determines what can be done with property. This article is intended to be a compendium of zoning history in both [[Albemarle County]] and [[Charlottesville]].  
{{clear}}
==Overview==
[[File:2009-City Zoning Map.JPG|thumb|200px|right]]


::"Zoning" or "to zone" means the process of classifying land within a locality into areas and districts, such areas and districts being generally referred to as "zones," by legislative action and the prescribing and application in each area and district of regulations concerning building and structure designs, building and structure placement and uses to which land, buildings and structures within such designated areas and districts may be put. ''Virginia Code § 15.2-2201'' <ref>https://law.lis.virginia.gov/vacode/title15.2/chapter22/section15.2-2201/</ref>
::"Zoning" or "to zone" means the process of classifying land within a locality into areas and districts, such areas and districts being generally referred to as "zones," by legislative action and the prescribing and application in each area and district of regulations concerning building and structure designs, building and structure placement and uses to which land, buildings and structures within such designated areas and districts may be put. ''Virginia Code § 15.2-2201'' <ref>https://law.lis.virginia.gov/vacode/title15.2/chapter22/section15.2-2201/</ref>
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The first significant case regarding the relatively new practice of zoning, [https://en.wikipedia.org/wiki/Village_of_Euclid_v._Ambler_Realty_Co. Village of Euclid v. Ambler Realty Co.] (1926), opened the floodgates for use-based zoning in the United States.  
The first significant case regarding the relatively new practice of zoning, [https://en.wikipedia.org/wiki/Village_of_Euclid_v._Ambler_Realty_Co. Village of Euclid v. Ambler Realty Co.] (1926), opened the floodgates for use-based zoning in the United States.  


The  first  zoning  enabling  legislation  for  Virginia  was  adopted  in  1922  and  gradually expanded in scope and coverage until the present framework was adopted in  1962.  These  basic  statutes  continue  to  change  in  greater  or  lesser  measure  with almost every session of the General Assembly. <ref>http://mccandlishlawyers.com/wp-content/uploads/2013/12/Virginia-Planning-and-Zoning-Law1.pdf</ref>  
The  first  zoning  enabling  legislation  for  Virginia  was  adopted  in  [[1922]] and  gradually expanded in scope and coverage until the present framework was adopted in  [[1962]].  These  basic  statutes  continue  to  change  in  greater  or  lesser  measure  with almost every session of the General Assembly. <ref>http://mccandlishlawyers.com/wp-content/uploads/2013/12/Virginia-Planning-and-Zoning-Law1.pdf</ref>  
[[File:2009-City Zoning Map.JPG|450px|right]]
[[File:2009-City Zoning Map Color Key.JPG|450px|right]]


The Virginia General Assembly has identified the manner in which a locality may exercise its zoning power with great specificity in a number of statutes, including the following:  
The Virginia General Assembly has identified the manner in which a locality may exercise its zoning power with great specificity in a number of statutes, including the following:  
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| Va. Code § 15.2-2296 et seq  || Conditional zoning (proffers)  
| Va. Code § 15.2-2296 et seq  || Conditional zoning (proffers)  
|-
|-
| Va. Code § 15.2-2305  ||  Affordable housing programs
| [https://law.lis.virginia.gov/vacode/title15.2/chapter22/section15.2-2305/ Va. Code § 15.2-2305] ||  Affordable housing programs
|-
|-
| Va. Code § 15.2-2316 || Transfer development rights  
| Va. Code § 15.2-2316 || Transfer development rights  
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| Va. Code § 15.2-2241-2242 || Subdivision housing
| Va. Code § 15.2-2241-2242 || Subdivision housing
|}
|}


==Albemarle County==
==Albemarle County==
*November 11, 1977: &ndash; Albemarle County Supervisors direct planning staff to work on update of zoning ordinance that would reflect the new [[Albemarle County Comprehensive Plan]]. <ref>{{Minutes-boardofsupervisors|url=https://lfweb.albemarle.org/weblink/DocView.aspx?id=3867&dbid=0&cr=1|when=November 11, 1977|documentid=3867|accessdate=July 15, 2019}}</ref>
 
===Timeline===
 
*[[October 21]], [[1953]] &ndash; [[Albemarle County Board of Supervisors]] discuss whether to support an effort to repeal a state law requiring a referendum to implement a zoning ordinance. <ref>{{cite-progress-lindsay|title=Board Slates Further Talks on County Zoning Proposal|url=https://search.lib.virginia.edu/sources/uva_library/items/uva-lib:2616090|author=|pageno=1|printdate=October 21, 1933|publishdate=October 21, 1933|accessdate=October 21, 2022}}</ref>
*[[November 12]], [[1953]] &ndash; Albemarle Board of Supervisors and Albemarle Planning Commission hold a joint meeting to discuss a request from Commissioners for the Board to work toward repeal of a state law requiring a referendum before a zoning ordinance is adopted. <ref>{{cite-progress-lindsay|title=Board, Planners Meet Tomorrow - Zoning Law Matter to be Discussed|url=https://search.lib.virginia.edu/sources/uva_library/items/uva-lib:2616437|author=|pageno=3|printdate=November 11, 1953|publishdate=November 11, 1953|accessdate=November 11, 2022}}</ref>
*[[October 29]], [[1963]] &ndash; The Daily Progress publishes an opinion column by [[Crozet]] resident Alan Rosenkrans who argues that zoning is unnecessary and will be bad for Albemarle County. <ref>{{cite-progress-lindsay|title=Zoning - For the Birds|url=https://search.lib.virginia.edu/sources/uva_library/items/uva-lib:2675422|author=Alan Rosenkrans|pageno=4|printdate=October 29, 1963|publishdate=October 29, 1963|accessdate=October 29, 2022}}</ref>
*[[November 11]], [[1977]] &ndash; Albemarle County Supervisors direct planning staff to work on update of zoning ordinance that would reflect the new [[Albemarle County Comprehensive Plan]]. <ref>{{Minutes-boardofsupervisors|url=https://lfweb.albemarle.org/weblink/DocView.aspx?id=3867&dbid=0&cr=1|when=November 11, 1977|documentid=3867|accessdate=July 15, 2019}}</ref>
*[[May 14]], [[1980]] &ndash; Albemarle County Board of Supervisors hold public hearing on the new zoning ordinance <ref>{{Minutes-boardofsupervisors|url=https://lfweb.albemarle.org/weblink/DocView.aspx?id=2168&dbid=0|when=|documentid=2168|accessdate=July 17, 2019}}</ref>
 
===The Origins of the Zoning Power===
===The Origins of the Zoning Power===
Refer to <ref>https://www.albemarle.org/upload/images/Forms_Center/Departments/County_Attorney/Forms/LULH_Consolidated.pdf Chapter 2: The Origins of the Zoning Power</ref> of ''The Albemarle County Land Use Law Handbook, prepared by Albemarle County Attorney’s Office, published by Albemarle county, July 2019''.
Refer to <ref>https://www.albemarle.org/upload/images/Forms_Center/Departments/County_Attorney/Forms/LULH_Consolidated.pdf Chapter 2: The Origins of the Zoning Power</ref> of ''The Albemarle County Land Use Law Handbook, prepared by Albemarle County Attorney’s Office, published by Albemarle county, July 2019''.


==Charlottesville==
==Charlottesville==
==History==
===1700's===
===1865-1890's===
In 1762 Charlottesville was founded by an Act of the Assembly as the Albemarle County seat. Charlottesville was established as a gridded town plan from the start. Dr. [[Thomas Walker]] was assigned by the County as Trustee, and a two acre public square was set aside for the courthouse at the northern edge of the fifty acre town. The site for the courthouse was selected on a hillside directly above the gridded village, several blocks above Three Notch'd Road or the main street of town. Over time, business activities around the Court Square included taverns, tailors, milliners, a printing shop, a gunsmith, and a jeweler. A portion of the original courthouse (1803) still stands as a part of the current complex of structures. The original twenty-eight block grid corresponds to the following existing streets: Sixth and McIntire on the east and west respectively, Jefferson and South on the north and south. A plan from 1818 indicated east/west streets as 66 feet in width, while north/south streets as 33 feet wide; this plan also indicated a two block by seven block annexation added directly to the north of the original grid.<ref>http://www2.iath.virginia.edu/schwartz/cville/cville.history.html</ref>
The Colonel [[T. L. Preston]] and [[Andrew F. Craven]] farms were on the Northwest and North and extended to the old Southern Railroads on the outskirts of Charlottesville. When the Civil War ended, Colonel Preston divvied up small parcels of land and gave them to his former slaves, whom included [[Rives C. Minor]].<ref>{{cite web|title= Minor Preston: Major Impact |url=https://www.dailyprogress.com/lifestyles/minor-preston-major-impact/article_05854792-db8a-5b71-a954-f2baaa323680.html |author=David A. Maurer |work=|publisher=|location=|publishdate= February 24, 2008|accessdate=April 11, 2019}}</ref> By the 1900's, Preston Avenue had become a corridor of African-American settlements in Charlottesville with small loosely defined neighborhoods such as Tinsleytown, Kellytown and Lincoln Heights. The Rose Hill plantation property remained within the Craven family until it was sold to the [[Charlottesville Industrial and Land Improvement Company]] with the purpose of dividing the land into zones (e.g. residential, industrial) in which certain land uses would be permitted or prohibited. Lots were advertised as “within three to ten minutes’ walk to the Junction depot” and inclusive blocks “reserved for manufacturing purposes.
 
===1800's===
In [[1854]], the city held its first mayoral election. The mayor-city council form of town government continued until [[1888]], when Charlottesville was incorporated. At this time, a ring of land surrounding the original grid was annexed to create a city of 781 acres. Throughout the early 1800's, business activity and urban development slowly began to shift from Court Square down to the [[Three Notch'd Road]], now called [[Main Street]]. As James Alexander indicates in his Recollections from 1874, "Main Street as It Was in 1828 and as It Is at This Time. - This street, when we first knew it, had few houses, and only two or three business places on it, now it has from one end to the other, fine houses and substantial business stores; then it was rough, and in winter season with mud enough to stall wagons passing over it; now it is macadamized and is well graded; then there were only patches of paved sidewalks, now there are wide sidewalks laid with brick or slate its entire length."


:''After the Civil War land use patterns around Charlottesville began to change. Without access to slave labor, once-wealthy landowners could no longer afford to cultivate large tracts of land. At the same time, Charlottesville was outgrowing its boundaries and began promoting the growth of local industry. Newly established real-estate development companies divided up farmland for industrial usage. By 1890, most of the estates that ringed Charlottesville no longer belonged to individual farmers but to companies such as the [[Charlottesville Industrial and Land Improvement Company]]. In fact, this company owned all but 50-60 acres of the Rose Hill land.''(Source: The City as a Park: A Citizen's Guide to Charlottesville Parks. Prepared by Gregg Bleam Landscape Architects. Historian Aaron Wunsch.)
Several distinct residential settlements emerged both within the original city grid and around its periphery. [[Park Street]] to the north and [[Ridge Street]] to the south included houses of prominent merchants and businessmen from the city. The westernmost section of downtown called [[Vinegar Hill]] and later [[Random Row]], emerged as a business and residential center largely occupied by portions of the town's black population. Other significant nineteenth century neighborhoods included Belmont, Star Hill, and Fifeville.


*Rose Hill mixed-use neighborhood
====1865-1890's====
[[File:1895-Charlottesville Industrial and Land Improvement Co. plat layout of Rose Hill.JPG|thumb|400px|right|Mixed-Use plat layout of Rose Hill Subdivion, ca. 1895]]
[[File:1895-Charlottesville Industrial and Land Improvement Co. plat layout of Rose Hill.JPG|thumb|255x255px|Mixed-Use plat layout of Rose Hill Subdivision, ca. 1895, ''courtesy of the Albemarle Charlottesville Historical Society'']]After the Civil War land use patterns around Charlottesville began to change. Without access to slave labor, once-wealthy landowners could no longer afford to cultivate large tracts of land. At the same time, Charlottesville was outgrowing its boundaries and began promoting the growth of local industry. Newly established real-estate development companies divided up farmland for industrial usage. By 1890, most of the estates in Albemarle County that ringed Charlottesville no longer belonged to individual farmers. City council refused to annex land unless the conditions of the streets and drainage improvements had been approved by the City Street Committee and sub-division plans were submitted. In turn, developers adapted to the changes in the bureaucratic approval process as well as changes in finance, real estate, and building technology. Developers began to consolidate their development process. Larger Developers, such as the [[Belmont Land Company]], a corporation named after the 551-acre [[Belle Mont estate]] that had been owned by a man named [[Slaughter Ficklin]] and the [[Charlottesville Industrial and Land Improvement Company]] which owned all but 50-60 acres of the [[Rose Hill estate]] land owned by [[John H. Craven]], a farm manager for [[Thomas Jefferson]]'s [[Tufton]] property, bought large estates, subdivided them, laid out the roads, alleys and underground drainage utilities, built houses, set-up building and loan associations and marketed their new neighborhoods. (Source: The City as a Park: A Citizen's Guide to Charlottesville Parks. Prepared by Gregg Bleam Landscape Architects. Historian Aaron Wunsch.)


===1900's===
==== 1916 Annexation ====
In 1916, Charlottesville more than tripled its size with the annexation of the land surrounding the city. By the 1950's the Rose Hill neighborhood had developed into a mixture of working-class housing, small family-owned businesses, boarding houses and several large manufacturing companies built to be served by the rail spurs. As with Preston Avenue, black-owned businesses continued to grown along Rose Hill Drive and Forrest Street (later renamed Forest Street). After WWII, homes were built on parcels which had been designated for commercial/industrial use. Business growth and neighborhood employment opportunities declined with the closing of manufacturing companies, such as the Essex Corp. fountain pens and pencils company, by the 1970's.   
In 1916, Charlottesville more than tripled its size with the annexation of the land surrounding the city. By the 1950's the Rose Hill neighborhood had developed into a mixture of working-class housing, small family-owned businesses, boarding houses and several large manufacturing companies built to be served by the rail spurs. As with Preston Avenue, black-owned businesses continued to grown along Rose Hill Drive and Forrest Street (later renamed Forest Street). After WWII, homes were built on parcels which had been designated for commercial/industrial use. Business growth and neighborhood employment opportunities declined with the closing of manufacturing companies, such as the Essex Corp. fountain pens and pencils company, by the 1970's.   


===1929===
====1929====
The first zoning code was initiated in June 17, 1929 and written by Allen Saville of Richmond, VA. The author argued for single family zoning but after community protest, the initial zoning code had two family residential as the lowest density option. <ref>{{cite-progress-lindsay|title=Altered Zone Law Commission|url=https://search.lib.virginia.edu/catalog/uva-lib:2637683/view#openLayer/uva-lib:2637684/5335.5/4258.5/4/1/1|author=Staff Reports|pageno=1|printdate=June 18, 1929|publishdate=June 18, 1929|accessdate=October 9, 2017 from University of Virginia Library}}</ref>  At this time, zoning restricted businesses from encroaching on white residential areas, but not black ones.<ref name=":0">{{Cite-cville|url=https://www.c-ville.com/zoned-out-how-neighborhood-associations-and-zoning-regulations-have-shaped-our-city/|title=Zoned out: How neighborhood associations and zoning regulations have shaped our city|author=Caris Adel|date=2019-01-23|accessdate=}}</ref>  Within a few years, the black neighborhoods of Kellytown and Tinsleytown (now known as Rose Hill) were disrupted by new industries, such as Monticello Dairy, City Laundry, and the Triangle Service Station on Preston Ave.   
The first zoning code was initiated in [[June 17]], [[1929]] and written by Allen Saville of Richmond, VA. The author argued for single family zoning but after community protest, the initial zoning code had two family residential as the lowest density option. <ref>{{cite-progress-lindsay|title=Altered Zone Law Commission|url=https://search.lib.virginia.edu/catalog/uva-lib:2637683/view#openLayer/uva-lib:2637684/5335.5/4258.5/4/1/1|author=Staff Reports|pageno=1|printdate=June 18, 1929|publishdate=June 18, 1929|accessdate=October 9, 2017 from University of Virginia Library}}</ref>  At this time, zoning restricted businesses from encroaching on white residential areas, but not black ones.<ref name=":0">{{Cite-cville|url=https://www.c-ville.com/zoned-out-how-neighborhood-associations-and-zoning-regulations-have-shaped-our-city/|title=Zoned out: How neighborhood associations and zoning regulations have shaped our city|author=Caris Adel|date=2019-01-23|accessdate=}}</ref>  Within a few years, the black neighborhoods of Kellytown and Tinsleytown (now known as Rose Hill) were disrupted by new industries, such as Monticello Dairy, City Laundry, and the Triangle Service Station on Preston Ave.   


How 1920s-era zoning laws separated people from what they love about cities. Planning By Christina Sturdivant Sani (Fellow) October 4, 2018 <ref>https://ggwash.org/view/69332/have-you-ever-wondered-why-so-many-american-streets-are-bad</ref>
How 1920s-era zoning laws separated people from what they love about cities. Planning By Christina Sturdivant Sani (Fellow) October 4, 2018 <ref>https://ggwash.org/view/69332/have-you-ever-wondered-why-so-many-american-streets-are-bad</ref>


===1957===
<gallery mode="packed-overlay" heights="300">
[[Image:Bartholomew_letter_zoning_1957.jpg|thumb|300px|left|Letter to Planning Commission from Harland Bartholomew Associates]]
File:1929 Zoning Map Charlottesville.jpg|1929 Zoning Map
File:1929 Zoning Legend.png|1929 Zoning Legend
File:1929 Zoning Ordinance Charlottesville.pdf|Charlottesville's First Zoning Ordinance, 1929
</gallery>
 
====1939====
 
The first major modification to the 1929 map and ordinance was adopted in 1939, following the [[Annexation#1938.2F1939_Annexation|annexation of 1938]].
 
<gallery mode="packed-overlay" heights="300">
1939 Zoning Map 3000x2661.png|1939 Zoning Map with hand-drawn amendments as of 1949
File:1939 Zoning Map Legend.png|1939 Zoning Legend
</gallery>
 
==== 1949 ====
In 1949, City Council adopted modifications to the 1939 zoning ordinance, including a revised map adding an A-B Business district.
 
In the [[Venable neighborhood]], University Circle is rezoned from A-1 to A. In the [[Rose Hill neighborhood]], parcels along Rose Hill Dr and Forest St are rezoned from A-1 Residence to B-1 Business. In the [[Jefferson Park Avenue neighborhood]], [[Montebello Circle]] is downzoned from A-1 to A. In the [[Woolen Mills neighborhood]], areas along Caroline Ave north of Chesapeake were rezoned from B-1 Business to A-1 Residence, and parcels on the south side of East Market St east of Carlton Rd are downzoned from C Industrial to B-1 Business.
 
<gallery mode="packed-overlay" heights="300">
File:1949 Zoning Map.png|1949 Zoning Map
File:1949 Zoning Legend.png|1949 Zoning Legend
File:1949 Zoning Ordinance and Map.pdf|1949 Zoning Ordinance
</gallery>
 
====1958====
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Harland Bartholomew Associates submits a revised draft of the Charlottesville zoning ordinance to the Charlottesville Planning Commission. <ref>{{cite web|title=A Preliminary Report Upon Land Use and Zoning, Charlottesville, Virginia : Prepared for the City Planning Commission|url=https://search.lib.virginia.edu/catalog/u1230874|author=Harland Bartholomew and Associates|work=book and map|publisher=|location=Atlanta|publishdate=1957|accessdate=October 9, 2017}}</ref>
On [[August 17]], [[1957]] Harland Bartholomew Associates submitted a revised draft of the Charlottesville zoning ordinance to the Charlottesville Planning Commission. <ref>{{cite web|title=A Preliminary Report Upon Land Use and Zoning, Charlottesville, Virginia : Prepared for the City Planning Commission|url=https://search.lib.virginia.edu/catalog/u1230874|author=Harland Bartholomew and Associates|work=book and map|publisher=|location=Atlanta|publishdate=1957|accessdate=October 9, 2017}}</ref>
 
City Council adopted the [[:File:1958 Zoning Ordinance and Map.pdf|1958 ordinance and map]] effective [[February 17]], [[1958]].
 
<gallery mode="packed-overlay" heights="300">
File:Bartholomew letter zoning 1957.jpg|August 13, 1957 Letter to Planning Commission from Harland Bartholomew Associates
File:1958 Zoning Map - clean.png|1958 Zoning Map adopted effective February 17, 1958
File:1958 Zoning Map Legend.png|1958 Zoning Legend
File:1958 Zoning Ordinance and Map.pdf|1958 Zoning Ordinance
</gallery>
 
====1963====
 
In 1963, a zoning map amendment was adopted to designate the newly [[annexation|annexed]] areas added to the city that year.
 
<gallery mode="packed-overlay" heights="300">
File:1963 Zoning Map smaller.png|1963 Zoning Map
File:1963 Zoning Legend.png|1963 Zoning Legend
</gallery>
 
====1964====
At their [[June 9]], [[1964]] meeting, the [[City Planning Commission]] proposed an amendment to the zoning code to delete two-family dwellings from the R-1 zone to single-family home and other uses such as schools, churches and parks, that were then allowed. <ref>{{cite-progress-lindsay|title=Amendments to Zoning Code Proposed by City Planners|url=https://v3.lib.virginia.edu/catalog/uva-lib:2681176/view#openLayer/uva-lib:2681197/4083.5/3843.5/3/1/0|author=Staff Reports|pageno=21|printdate=June 10, 1964|publishdate=June 10, 1964|accessdate=June 9, 2021 from University of Virginia Library}}</ref>
 
The amendment was adopted on [[August 3]], [[1964]].
 
<gallery>
File:1964 Zoning Text Amendment R-1 Single-Family.pdf|1964 R-1 Single-Family Zoning Text Amendment
</gallery>
 
==== 1976 ====
At the [[December 15]], [[1975]] City Council meeting, a new ordinance and map were adopted effective [[January 1]], [[1976]]. 
 
[[Gildersleeve Wood]] in the [[Jefferson Park Avenue neighborhood]] is downzoned from R-2 to R-1 at this time, as is the McElroy Drive area in the [[Fry's Spring neighborhood]]. 
 
<gallery mode="packed-overlay" heights="300">
File:1976 Zoning Map.jpg|1976 Zoning Map with amendments as of 1987
File:1976 Zoning Map Legend.png|1976 Zoning Legend
File:1976 Zoning Map.pdf|1976 Zoning Map (full size)
</gallery>
 
====1991====
City Council decided to discourage construction of any types of housing besides single-family homes in the white and relatively wealthy neighborhoods of Fry's Spring, Johnson Village, Lewis Mountain, Venable, Barracks-Rugby, and Greenbrier.<ref name=":0" />  That year, the city instituted a new R-1A single-family zone.  This affected 4,500 parcels of land in the City, lots that had previously been too small for R-1 single-family designation, a process referred to as "downzoning." Proponents of downzoning intended to protect neighborhood stability and encourage homeownership.  Opponents said that single-family zoning is exclusionary and would make housing less affordable.  The change essentially prohibited multifamily apartment buildings in those neighborhoods.
 
In Belmont, one homeowner on Hinton Avenue had converted a single family house to add an independent apartment. The city ordered this to be an illegal action. <ref>{{Minutes-citycouncil|newid=46496|when=January 7, 1991|accessdate=July 3, 2021|id=|url=http://weblink.charlottesville.org/public/0/doc/46496/Page1.aspx}}</ref>
 
<gallery mode="packed-overlay" heights="300">
File:1991 Zoning Map.png|1991 Zoning Map with amendments as of 2002
File:1991 Zoning Legend.png|1991 Zoning Legend
File:1991 Comprehensive Zoning and Subdivision Text Amendments.pdf|1991 Zoning Ordinance Amendments
File:1991 Charlottesville R-1A Accessory Apartment Memos.pdf|Memos on Accessory Apartments in R-1
</gallery>
 
=====Details=====
On [[January 22]], Council voted 3-2 to deny a resolution to require a notice to all city property owners whose land would be affected by the new zoning map. <ref>{{Minutes-citycouncil|newid=46496|when=January 22, 1991|accessdate=July 3, 2021|id=|url=http://weblink.charlottesville.org/public/0/doc/46498/Page1.aspx}}</ref>
 
Council next discussed the matter on [[April 15]].
 
City Attorney [[Clyde Gouldman]] told Council that there were three major revisions in the zoning amendment. These were the addition of the new R-1A zone to limit density in single family neighborhood, new bulk and height regulations, and a rewriting of the historic preservation section to designate individual properties.
 
Councilor [[Bitsy Waters]] offered an amendment to reinstate a B-5 district, allow accessory apartments limited to 400 square feet in existing structures in excess of 2,000 square feet and on lots of 6,000 square feet, and to allow duplexes in existing units of 2,400 square feet on lots of 7,200 square feet.


===1991===
Councilor [[Kay Slaughter]] supported the apartments if the home was owner-occupied and that could help with homeownership. Councilor [[Tom Vandever]] expressed doubt and said that might not protect neighborhoods near the University of Virginia. Councilor [[David Toscano]] said he would support the R-1A designation but he had reservations. Councilor [[Alvin Edwards]] also supported R-1A. <ref name="minutes-19910415">{{Minutes-citycouncil|newid=46510|when=April 15, 1991|accessdate=July 17, 2021|id=46510|url=http://weblink.charlottesville.org/public/0/doc/46510/Page1.aspx}}</ref>
City Council decided to discourage construction of any types of housing besides single-family homes in the white and relatively wealthy neighborhoods of Fry's Spring, Johnson Village, Lewis Mountain, Venable, Barracks-Rugby, and Greenbrier.<ref name=":0" /> That year, the city instituted a new R-1A single-family zone.  This affected 4,500 parcels of land in the City, lots that had previously been too small for R-1 single-family designation, a process referred to as "downzoning." Proponents of downzoning intended to protect neighborhood stability and encourage homeownership. Opponents said that single-family zoning is exclusionary and would make housing less affordable. The change essentially prohibited multifamily apartment buildings in those neighborhoods. 


===1998===
Before their discussion that evening, [[Eugene Williams]] of the [[Dogwood Housing Limited Partnership]] said Council had not done enough to educate people about the plan, which he said would lead to perpetuation of housing discrimination in Charlottesville.
The [[Charlottesville Planning Commission]] sought to implement a goal to increase home ownership in the city. They brought forth a proposal to rezone 200 properties to restrict them to single family residential. That would have eliminated several commercial uses and lowered density. <ref>{{cite-progress-mg|title=Planners to discuss city zoning proposal|url=|author=Kimberly O'Brien|pageno=|printdate=A|publishdate=|accessdate=February 20, 2016}}</ref>


===2003===
The joint public hearing with the Planning Commission was held on [[May 6]]. Reverend Edwards told the audience that the main change was the addition of the R-1A zoning. Speakers in favor of that category included the of the [[Johnson Village Neighborhood Association]], residents of the Fry's Spring neighborhood, the head of the [[Belmont Neighborhood Association]], the president of the [[Venable Neighborhood Association]],
 
Opponents of the zoning included University of Virginia students who were concerned about the impact restricting rentals would have on prices, property owners who felt their rights were being taken away.  <ref name="minutes-19910506">{{Minutes-citycouncil|newid=46512|when=May 6, 1991|accessdate=July 17, 2021|id=46510|url=http://weblink.charlottesville.org/public/0/doc/46512/Page1.aspx}}</ref>
 
At their meeting on [[May 20]], [[1991]], Council discussed the matter again again and approved a motion allowing accessory apartments in structures of at least a 1,600 square feet as long as the owner lived there and there were two off-street parking spaces provided. They held first reading of the zoning map on this date. <ref>{{Minutes-citycouncil|newid=46514|when=May 20, 1991|accessdate=July 17, 2021|id=46514|url=http://weblink.charlottesville.org/public/0/doc/46514/Page1.aspx}}</ref>
 
Council adopted the ordinance on second reading on [[June 3]], [[1991]]. Toscano expressed concern that three recent proposals to build affordable housing were met with opposition from neighbors. <ref>{{Minutes-citycouncil|newid=46516|when=June 3, 1991|accessdate=July 17, 2021|id=46516|url=http://weblink.charlottesville.org/public/0/doc/46516/Page1.aspx}}</ref>
 
=====Individual rezonings=====
 
* [[May 6]] &ndash; City Council denied rezoning of 324 11th Street NE from R-2 to B-1 <ref name="minutes-19910506" />
 
====1998====
 
*The [[Charlottesville Planning Commission]] sought to implement a goal to increase home ownership in the city. They brought forth a proposal to rezone 200 properties to restrict them to single family residential. That would have eliminated several commercial uses and lowered density. <ref>{{cite-progress-mg|title=Planners to discuss city zoning proposal|url=|author=Kimberly O'Brien|pageno=|printdate=A|publishdate=|accessdate=February 20, 2016}}</ref>
*Charlottesville and surrounding Albemarle County adopted Sustainability Accords. <ref>http://old.smartgrowthamerica.org/tag/virginia/</ref>
*On [[March 16]], [[1998]], City Council rejected a zoning text amendment to permit up to 10,000 square feet gross (7,500sf net) retail in a B-1 zone with a special use permit, with instructions to the Planning Commission to "recommend proper square footage and percentage of pharmaceutical and medical inventory to other retail stock."<ref>{{Minutes-citycouncil|newid=|when=March 16, 1998|accessdate=2022-12-21|url=http://weblink.charlottesville.org/public/0/doc/619261/Page1.aspx}}</ref> The ZTA was prompted by an applicant who previously requested a rezoning to expand an existing nonconforming pharmacy, which was withdrawn after concern that more intense business zoning would be too severe for the area.
 
====1999====
 
====== Fifeville Transition Zone (TZ) ======
On [[November 1]], [[1999]], a new Transition Zone district was created in [[Fifeville]].<ref>{{Minutes-citycouncil|newid=|when=November 1, 1999|accessdate=2022-12-21|url=http://weblink.charlottesville.org/Public/0/doc/69881/Page5.aspx}}</ref> The new district along the north edge of Fifeville, 9th and 10th Streets, and Cherry Avenue was intended to facilitate development and encourage preservation of adjacent neighborhoods.<ref name=":1">{{Minutes-citycouncil|newid=|when=October 4, 1999|accessdate=2022-12-21|url=http://weblink.charlottesville.org/public/0/doc/69879/Page1.aspx}}</ref>
 
The idea of the Transition Zone was discussed at least as early as [[September 3]], [[1996]], during a B-1 rezoning discussion for property on [[5th St. SW|5th St SW]] then zoned R-3.<ref>{{Minutes-citycouncil|newid=|when=November 3, 1996|accessdate=2022-12-21|url=http://weblink.charlottesville.org/Public/0/doc/45385/Page9.aspx}}</ref> [[Satyendra Huja]] led a discussion about transition zones generally at the [[Board of Architectural Review]] on [[August 20]], [[1996]].<ref>{{Minutes-bar|newid=|when=August 20, 1996|accessdate=2022-12-21|url=http://weblink.charlottesville.org/Public/0/edoc/792758/1996-08_Meeting%20Minutes_BAR.pdf}}</ref>
 
In January 1997, Councilors [[David Toscano]] and [[Maurice Cox]] sent a memo on a transition zone working group and asked for feedback from the rest of City Council.<ref>{{Minutes-citycouncil|newid=|when=January 24, 1997|accessdate=2022-12-21|url=http://weblink.charlottesville.org/Public/0/doc/46073/Page1.aspx}}</ref>
 
On [[January 5]], [[1998]], Council appropriated $3,000 to fund "activities which will help define a 'transition zone' in the Fifeville area," including hiring UVa graduate students, surveying the neighborhood, and conducting workshops.<ref>{{Agenda-citycouncil|newid=|when=January 5, 1998|accessdate=2022-12-21|url=http://weblink.charlottesville.org/public/0/doc/619261/Page1.aspx}}</ref>
 
In [[2002]], [[Walker Square]] was proposed as a by-right development in the TZ district, containing 225 units in seven residential buildings and one commercial building. The plan reportedly met all but three of the transition zone guidelines.<ref name=":2">{{Minutes-cityplanning|newid=|when=May 14, 2002|accessdate=2022-12-21|url=http://weblink.charlottesville.org/public/0/edoc/794807/PC_M_05-14-2002.pdf}}</ref> On [[May 14]], [[2002]], the Planning Commission rejected a motion to approve the site plan due to a traffic gate arm at the entrance to 7th Street.<ref name=":2" />
 
<gallery>
File:1999 Transition Zone Ordinance.pdf|Fifeville Transition Zone Ordinance
</gallery>
 
===== Individual rezonings =====
 
* On [[October 4]], [[1999]], City Council approved a special permit for up to six unrelated persons for [[1025 Wertland Street]], a proposal to renovate a historic building into offices on lower floors and apartments above using historic tax credits.<ref name=":1" />
* On [[October 4]], [[1999]], City Council also approved a special use permit for [[The Terraces]], allowing up to 28 units at 100 West Main Street, including 4 efficiencies, 21 one-bedroom units, and 3 three two-bedroom units.<ref name=":1" />
 
==== 2000 ====
 
===== Individual rezonings =====
 
* On [[August 21]], [[2000]], City Council rezoned three lots at [[916 Grove Street]] and [[911 King Street]] from R-1A to Transition Zone.<ref>{{Minutes-citycouncil|newid=|when=August 21, 2000|accessdate=2022-12-21|url=http://weblink.charlottesville.org/public/0/doc/69924/Page1.aspx}}</ref> The item was first considered at the [[July 3]], [[2000]] meeting,<ref>{{Minutes-citycouncil|newid=|when=July 3, 2000|accessdate=2022-12-21|url=http://weblink.charlottesville.org/public/0/doc/69921/Page1.aspx|documentid=}}</ref> after the Planning Commission unanimously recommended approval of the rezoning on [[June 13]], [[2000]].<ref>{{Minutes-cityplanning|newid=|when=June 13, 2000|accessdate=2022-12-21|url=http://weblink.charlottesville.org/public/0/edoc/794787/PC_M_06-13-2000.pdf}}</ref> The properties were acquired by [[Richard Hewitt]] in a property swap with the [[Piedmont Housing Alliance]], who wished to add it to his proposed development and rezoning of the old Lee Tennis Products property. {{As of|2022}}, the property remained vacant, after being acquired by the [[University of Virginia]] in 2016.
* On [[November 20]], [[2000]], City Council rezoned the rear 1,730 square feet of 500 Lexington Avenue (then the [[Martha Jefferson Hospital]]) from R-1A to B-1.<ref>{{Minutes-citycouncil|newid=|when=November 20, 2000|accessdate=2022-12-21|url=http://weblink.charlottesville.org/public/0/doc/69938/Page1.aspx}}</ref><ref>{{Minutes-citycouncil|newid=|when=November 6, 2000|accessdate=2022-12-21|url=http://weblink.charlottesville.org/public/0/doc/69937/Page1.aspx}}</ref>
 
====2003====
In 2003, the City of Charlottesville [http://www.charlottesville.org/Home/ShowDocument?id=3278 rewrote] its zoning ordinance:  
In 2003, the City of Charlottesville [http://www.charlottesville.org/Home/ShowDocument?id=3278 rewrote] its zoning ordinance:  


Line 65: Line 211:
*New university-specific districts close to grounds: By increasing the number of [[University of Virginia]] students who live near central grounds, the new zoning ordinance has reduced student demand for parking spaces. U.Va Architect [[David Neuman]] reported to the [[Charlottesville Planning Commission]] on June 8, 2010 that "fewer than 10% of the students" use their cars to commute to school.{{fact}}
*New university-specific districts close to grounds: By increasing the number of [[University of Virginia]] students who live near central grounds, the new zoning ordinance has reduced student demand for parking spaces. U.Va Architect [[David Neuman]] reported to the [[Charlottesville Planning Commission]] on June 8, 2010 that "fewer than 10% of the students" use their cars to commute to school.{{fact}}


===Timeline 2003 rezoning===
=====Timeline 2003 rezoning=====
 
*June 2, 2003: Council receives report on new zoning ordinance<ref>[http://weblink.charlottesville.org/DocView.aspx?id=195921 Charlottesville City Council Minutes, 2 Jun. 2003.] City of Charlottesville, Virginia. Retrieved 10 Apr. 2009 </ref>.
*June 2, 2003: Council receives report on new zoning ordinance<ref>[http://weblink.charlottesville.org/DocView.aspx?id=195921 Charlottesville City Council Minutes, 2 Jun. 2003.] City of Charlottesville, Virginia. Retrieved 10 Apr. 2009 </ref>.
*July 7, 2003: Council holds a public hearing on the new zoning ordinance <ref name="publichearing2003">{{minutes-citycouncil|when=July 7, 2003|id=195926}}</ref>
*July 7, 2003: Council holds a public hearing on the new zoning ordinance <ref name="publichearing2003">{{minutes-citycouncil|when=July 7, 2003|id=195926}}</ref>
Line 73: Line 220:
*September 2, 2003: Council holds additional public hearing and moves ordinance on first reading <ref>{{minutes-citycouncil|when=September 2, 2003|id=195930}}</ref>
*September 2, 2003: Council holds additional public hearing and moves ordinance on first reading <ref>{{minutes-citycouncil|when=September 2, 2003|id=195930}}</ref>


===2014===
<gallery mode="packed-overlay" heights="300">
Some residents of the [[Fry's Spring neighborhood]] petitioned [[City Council]] to downzone 68 parcels in the neighborhood from R-2 to R-1. City Council voted 3-2 to deny a rezoning on [[September 2]], 2014. <ref>{{cite web|title=Charlottesville City Council Minutes for September 2, 2014|url=http://weblink.charlottesville.org/Public/ElectronicFile.aspx?docid=732400&dbid=0|author=|work=Council Minutes|publisher=|location=|publishdate=|accessdate=April 8, 2019}}</ref>
File:2003 Zoning Map.png|2003 Zoning Map
File:2003 Zoning Legend - smaller - rearranged.png|2003 Zoning Legend
</gallery>
 
====2007====
 
*[[May 1]], [[2007]] &ndash; [[Downtown Design Review Committee|'''Downtown Design Review Committee''']] presents a report to a joint session of the [[Charlottesville Planning Commission|Planning Commission]] and [[Board of Architectural Review]] recommending the maximum height of buildings Downtown be reduced to 70 feet, with north & south streetwall heights of 40 feet and a 25-foot step back.<ref>{{Cite-progress|url=https://www.dailyprogress.com/news/downtown-mall-height-limits-could-become-even-stricter/article_a65e7f98-7c85-5fc3-925f-30f6533abf28.html|title=Downtown Mall height limits could become even stricter|author=Seth Rosen|publishdate=May 1, 2007|accessdate=2019-09-22}}</ref> After discussion, the committee added a provision for special use permits for a fourth story on the Downtown Mall side, with a 45-50' height maximum to "allow for a significant ground floor store front."<ref>{{Minutes-cityplanning|newid=|when=May 1, 2007|accessdate=2019-09-22|url=https://www.charlottesville.org/departments-and-services/departments-h-z/neighborhood-development-services/development-ordinances/city-planning-commission/minutes/2007-minutes/may-1-2007-joint-cpc-bar-meeting}}</ref>
* [[December 11]], [[2007]] &ndash; Planning Commission holds a public hearing for [[zoning text amendment]] ZT-07-12-29. The ordinance would create the [[Water Street Corridor]] and [[South Street Corridor]] zoning district from a portion of the existing [[Downtown Corridor]] zone and split the [[Corner District]] off from the West Main North zone.<ref>{{Agenda-cityplanning|newid=|when=December 11, 2017|accessdate=2019-09-22|url=https://www.charlottesville.org/departments-and-services/departments-h-z/neighborhood-development-services/development-ordinances/city-planning-commission/agendas/2007-agendas/december-11-2007}}</ref>
 
==== 2008 ====
 
* [[February 12]], [[2008]] &ndash; Commission public hearing scheduled for ZT-07-12-29, deferred prior to the meeting.<ref>{{Minutes-citycouncil|newid=|when=February 12, 2008|accessdate=2019-09-22|url=https://www.charlottesville.org/departments-and-services/departments-h-z/neighborhood-development-services/development-ordinances/city-planning-commission/minutes/2008-minutes/february-12-2008}}</ref>
* [[March 25]], [[2008]] &ndash Planning Commission work session on Downtown & West Main rezoning proposal.<ref>{{Cite web|url=https://www.charlottesville.org/Home/ShowDocument?id=10020|title=10th and Page Neighborhood Issues/Development Update|last=Nick Rogers|first=|publishdate=March 27, 2008|publisher=City of Charlottesville [[Neighborhood Development Services]]|archive-url=|archive-date=|dead-url=|accessdate=2019-09-22}}</ref>
* [[April 8]], [[2008]] &ndash; Planning Commission votes to initiate and approve ZT-07-12-29 on a final vote of 5-1, with [[Cheri Lewis]] dissenting.<ref>{{Minutes-cityplanning|newid=|when=April 8, 2008|accessdate=2019-09-22|url=https://www.charlottesville.org/departments-and-services/departments-h-z/neighborhood-development-services/development-ordinances/city-planning-commission/minutes/2008-minutes/april-8-2008}}</ref>
* [[May 5]], [[2008]] &ndash; Council holds its first reading of the ordinance, voting unanimously to carry it over to its next reading after hearing a presentation from [[Jim Tolbert]] about the 1.5 years of work put into it.<ref>{{Minutes-citycouncil|newid=|when=May 5, 2008|accessdate=2019-09-22|id=351792}}</ref>
* [[May 19]], [[2008]] &ndash; Council adopts the rezoning after removing it from consent agenda.<ref>{{Minutes-citycouncil|newid=|when=May 19, 2008|accessdate=2019-09-22|id=351794}}</ref>
* [[November 3]], [[2008]] &ndash; Council holds first reading of ordinance to adjust allowed densities on West Main and downtown, <ref>{{Minutes-citycouncil|newid=|when=November 3, 2008|accessdate=2019-09-22|id=365905}}</ref>
*[[November 17]], [[2008]] &ndash; Council adopts density changes on its consent agenda.<ref>{{Minutes-citycouncil|newid=|when=November 17, 2008|accessdate=2019-09-22|id=391185}}</ref>
 
====2013====
 
*Charlottesville and surrounding Albemarle County completed a regional livability plan.<ref>http://old.smartgrowthamerica.org/tag/virginia/</ref> {{fact}}
 
====2014====
Some residents of the [[Fry's Spring neighborhood]] petitioned [[City Council]] to downzone 68 parcels in the neighborhood from R-2 to R-1. City Council voted 3-2 to deny a rezoning on [[September 2]], 2014. <ref>{{cite web|title=Charlottesville City Council Minutes for September 2, 2014|url=http://weblink.charlottesville.org/Public/ElectronicFile.aspx?docid=732400&dbid=0|author=|work=Council Minutes|publisher=|location=|publishdate=|accessdate=April 8, 2019}}</ref>
 
====2015====
On April 28 and 29, 2015, a technical assistance team from Smart Growth America visited Charlottesville to conduct a Sustainable Land Use Code Audit workshop. Charlottesville was one of 14 communities nationwide selected to receive one of Smart Growth America’s 2015 free technical assistance workshops. <ref>http://old.smartgrowthamerica.org/tag/virginia/</ref>
 
====2016====
On [[March 21]], [[2016]] the zoning for [[West Main Street]] was [[West Main Streetscape#Zoning|revised by City Council]], splitting it into East/West districts rather than North/South and lowering allowed heights.<ref name="concept-approved">{{cite web|title=Council chooses path for West Main streetscape, partially approves rezoning|url=http://www.cvilletomorrow.org/news/article/23310-west-main-streetscape-approval/|author=Sean Tubbs|work=News Article|publisher=Charlottesville Tomorrow|location=|publishdate=March 22, 2016|accessdate=December 31, 2016}}</ref> The change followed recommendations made by [[Rhodeside & Harwell]] in the [[West Main Streetscape]] study.
 
====2017====
The ongoing legal audit of the zoning code continued. [[CADRE]] submitted a 16 page letter that commented on the work Robertson had undertaken. <ref>{{cite web|title=LEGAL REVIEW 2017: CADRE COMMENTS & SUGGESTIONS |url=https://cvillepedia.org/images/201705-CADRE-Legal-Review-Comments.pdf|author=|work=|publisher=|location=|publishdate=May 23, 2017|accessdate=August 21, 2020}}</ref>


===2017===
In 2017, the city considered form-based code in the [[Strategic Investment Area]]. <ref>{{Cite-cville|url=https://www.c-ville.com/new-type-zoning-worries-residents/|title=A new type of zoning worries residents|author=Jordy Yager|date=2017-02-28|accessdate=2019-02-07}}</ref>  Form-based code is a type of zoning ordinance that focuses more on a building’s style and size, and less on its use.  
In 2017, the city considered form-based code.<ref>{{Cite-cville|url=https://www.c-ville.com/new-type-zoning-worries-residents/|title=A new type of zoning worries residents|author=Jordy Yager|date=2017-02-28|accessdate=2019-02-07}}</ref>  Form-based code is a type of zoning ordinance that focuses more on a building’s style and size, and less on its use.  


"Among the innovations championed by the New Urbanist or neo-traditional movement, and by many other architects and planners, are "form-based" zoning codes. '''The primary goal of form-based codes is to guide the configuration and architectural quality of urban and suburban environments'''. That '''contrasts with conventional zoning, which often concentrates on the use of buildings, such as whether a block is residential or commercial'''." <ref> https://www.washingtonpost.com/archive/realestate/2004/07/24/traditional-zoning-cant-meet-the-challenge-of-modern-development/08753d68-ed3c-49ed-93e4-cfb145eccee0/?noredirect=on&utm_term=.09490cf131ec</ref> By Roger K. Lewis, The Washington Post, July 24, 2004.
"Among the innovations championed by the New Urbanist or neo-traditional movement, and by many other architects and planners, are "form-based" zoning codes. '''The primary goal of form-based codes is to guide the configuration and architectural quality of urban and suburban environments'''. That '''contrasts with conventional zoning, which often concentrates on the use of buildings, such as whether a block is residential or commercial'''." <ref>https://www.washingtonpost.com/archive/realestate/2004/07/24/traditional-zoning-cant-meet-the-challenge-of-modern-development/08753d68-ed3c-49ed-93e4-cfb145eccee0/?noredirect=on&utm_term=.09490cf131ec</ref> By Roger K. Lewis, The Washington Post, July 24, 2004.


===2018===
====2018====
Department of Neighborhood Development Services (NDS) Director Alex Ikefuna referred to the zoning ordinance as a "wastebasket of errors.”<ref>{{Cite-progress|url=https://www.dailyprogress.com/news/local/city-zoning-director-calls-ordinance-a-wastebasket-of-errors/article_b3742532-d7eb-11e8-989a-17d6723b1858.html|title=City zoning director calls ordinance a ‘wastebasket of errors’|author=Nolan Stout|publishdate=2018-10-24|accessdate=2019-02-07}}</ref> Ikefuna was making a point that if NDS is to improve its efficiency, the city must update its zoning ordinance.  
Department of Neighborhood Development Services (NDS) Director Alex Ikefuna referred to the zoning ordinance as a "wastebasket of errors.”<ref>{{Cite-progress|url=https://www.dailyprogress.com/news/local/city-zoning-director-calls-ordinance-a-wastebasket-of-errors/article_b3742532-d7eb-11e8-989a-17d6723b1858.html|title=City zoning director calls ordinance a ‘wastebasket of errors’|author=Nolan Stout|publishdate=2018-10-24|accessdate=2019-02-07}}</ref> Ikefuna was making a point that if NDS is to improve its efficiency, the city must update its zoning ordinance.  


===2019===
In a sign of things to come, in the December 2018 the Minneapolis City Council passed 2040, a comprehensive plan to permit three-family homes in the city’s residential neighborhoods, abolish parking minimums for all new construction, and allow high-density buildings along transit corridors. Minnesota is a Home Rule state. https://slate.com/business/2018/12/minneapolis-single-family-zoning-housing-racism.html-->
Discussions regarding "upzoning" and "downzoning"
 
==History & Impact==
In May of 1924 the Commerce Department published the "Standard State Zoning Enabling Act" (SZEA) which was widely circulated and adopted by most states. <ref>https://babel.hathitrust.org/cgi/pt?id=mdp.39015086414615;view=1up;seq=3</ref>


A new video by the Institute for Humane Studies at '''George Mason University''' shares some history of the impact of car-centric planning and zoning for single-family homes.<ref>https://youtu.be/7pq-UvE1j1Q</ref> {{stub}}
====2019====
Discussions regarding "upzoning" and "downzoning"


==References==
==References==
{{reflist}}
{{reflist}}
<references />


[[Category:Zoning]]
[[Category:Zoning]]

Latest revision as of 18:49, 21 December 2022

Zoning is a land-use regulatory mechanism that determines what can be done with property. This article is intended to be a compendium of zoning history in both Albemarle County and Charlottesville.

Overview

2009-City Zoning Map.JPG
"Zoning" or "to zone" means the process of classifying land within a locality into areas and districts, such areas and districts being generally referred to as "zones," by legislative action and the prescribing and application in each area and district of regulations concerning building and structure designs, building and structure placement and uses to which land, buildings and structures within such designated areas and districts may be put. Virginia Code § 15.2-2201 [1]

The first significant case regarding the relatively new practice of zoning, Village of Euclid v. Ambler Realty Co. (1926), opened the floodgates for use-based zoning in the United States.

The first zoning enabling legislation for Virginia was adopted in 1922 and gradually expanded in scope and coverage until the present framework was adopted in 1962. These basic statutes continue to change in greater or lesser measure with almost every session of the General Assembly. [2]

The Virginia General Assembly has identified the manner in which a locality may exercise its zoning power with great specificity in a number of statutes, including the following:

Code Section Provision
Va. Code § 15.2-2286.1 Clustering single-family dwellings
Va. Code § 15.2-2296 et seq Conditional zoning (proffers)
Va. Code § 15.2-2305 Affordable housing programs
Va. Code § 15.2-2316 Transfer development rights
Va. Code § 15.2-2241-2242 Subdivision housing


Albemarle County

Timeline

  • October 21, 1953Albemarle County Board of Supervisors discuss whether to support an effort to repeal a state law requiring a referendum to implement a zoning ordinance. [3]
  • November 12, 1953 – Albemarle Board of Supervisors and Albemarle Planning Commission hold a joint meeting to discuss a request from Commissioners for the Board to work toward repeal of a state law requiring a referendum before a zoning ordinance is adopted. [4]
  • October 29, 1963 – The Daily Progress publishes an opinion column by Crozet resident Alan Rosenkrans who argues that zoning is unnecessary and will be bad for Albemarle County. [5]
  • November 11, 1977 – Albemarle County Supervisors direct planning staff to work on update of zoning ordinance that would reflect the new Albemarle County Comprehensive Plan. [6]
  • May 14, 1980 – Albemarle County Board of Supervisors hold public hearing on the new zoning ordinance [7]

The Origins of the Zoning Power

Refer to [8] of The Albemarle County Land Use Law Handbook, prepared by Albemarle County Attorney’s Office, published by Albemarle county, July 2019.

Charlottesville

1700's

In 1762 Charlottesville was founded by an Act of the Assembly as the Albemarle County seat. Charlottesville was established as a gridded town plan from the start. Dr. Thomas Walker was assigned by the County as Trustee, and a two acre public square was set aside for the courthouse at the northern edge of the fifty acre town. The site for the courthouse was selected on a hillside directly above the gridded village, several blocks above Three Notch'd Road or the main street of town. Over time, business activities around the Court Square included taverns, tailors, milliners, a printing shop, a gunsmith, and a jeweler. A portion of the original courthouse (1803) still stands as a part of the current complex of structures. The original twenty-eight block grid corresponds to the following existing streets: Sixth and McIntire on the east and west respectively, Jefferson and South on the north and south. A plan from 1818 indicated east/west streets as 66 feet in width, while north/south streets as 33 feet wide; this plan also indicated a two block by seven block annexation added directly to the north of the original grid.[9]

1800's

In 1854, the city held its first mayoral election. The mayor-city council form of town government continued until 1888, when Charlottesville was incorporated. At this time, a ring of land surrounding the original grid was annexed to create a city of 781 acres. Throughout the early 1800's, business activity and urban development slowly began to shift from Court Square down to the Three Notch'd Road, now called Main Street. As James Alexander indicates in his Recollections from 1874, "Main Street as It Was in 1828 and as It Is at This Time. - This street, when we first knew it, had few houses, and only two or three business places on it, now it has from one end to the other, fine houses and substantial business stores; then it was rough, and in winter season with mud enough to stall wagons passing over it; now it is macadamized and is well graded; then there were only patches of paved sidewalks, now there are wide sidewalks laid with brick or slate its entire length."

Several distinct residential settlements emerged both within the original city grid and around its periphery. Park Street to the north and Ridge Street to the south included houses of prominent merchants and businessmen from the city. The westernmost section of downtown called Vinegar Hill and later Random Row, emerged as a business and residential center largely occupied by portions of the town's black population. Other significant nineteenth century neighborhoods included Belmont, Star Hill, and Fifeville.

1865-1890's

Mixed-Use plat layout of Rose Hill Subdivision, ca. 1895, courtesy of the Albemarle Charlottesville Historical Society

After the Civil War land use patterns around Charlottesville began to change. Without access to slave labor, once-wealthy landowners could no longer afford to cultivate large tracts of land. At the same time, Charlottesville was outgrowing its boundaries and began promoting the growth of local industry. Newly established real-estate development companies divided up farmland for industrial usage. By 1890, most of the estates in Albemarle County that ringed Charlottesville no longer belonged to individual farmers. City council refused to annex land unless the conditions of the streets and drainage improvements had been approved by the City Street Committee and sub-division plans were submitted. In turn, developers adapted to the changes in the bureaucratic approval process as well as changes in finance, real estate, and building technology. Developers began to consolidate their development process. Larger Developers, such as the Belmont Land Company, a corporation named after the 551-acre Belle Mont estate that had been owned by a man named Slaughter Ficklin and the Charlottesville Industrial and Land Improvement Company which owned all but 50-60 acres of the Rose Hill estate land owned by John H. Craven, a farm manager for Thomas Jefferson's Tufton property, bought large estates, subdivided them, laid out the roads, alleys and underground drainage utilities, built houses, set-up building and loan associations and marketed their new neighborhoods. (Source: The City as a Park: A Citizen's Guide to Charlottesville Parks. Prepared by Gregg Bleam Landscape Architects. Historian Aaron Wunsch.)

1900's

1916 Annexation

In 1916, Charlottesville more than tripled its size with the annexation of the land surrounding the city. By the 1950's the Rose Hill neighborhood had developed into a mixture of working-class housing, small family-owned businesses, boarding houses and several large manufacturing companies built to be served by the rail spurs. As with Preston Avenue, black-owned businesses continued to grown along Rose Hill Drive and Forrest Street (later renamed Forest Street). After WWII, homes were built on parcels which had been designated for commercial/industrial use. Business growth and neighborhood employment opportunities declined with the closing of manufacturing companies, such as the Essex Corp. fountain pens and pencils company, by the 1970's.

1929

The first zoning code was initiated in June 17, 1929 and written by Allen Saville of Richmond, VA. The author argued for single family zoning but after community protest, the initial zoning code had two family residential as the lowest density option. [10] At this time, zoning restricted businesses from encroaching on white residential areas, but not black ones.[11] Within a few years, the black neighborhoods of Kellytown and Tinsleytown (now known as Rose Hill) were disrupted by new industries, such as Monticello Dairy, City Laundry, and the Triangle Service Station on Preston Ave.

How 1920s-era zoning laws separated people from what they love about cities. Planning By Christina Sturdivant Sani (Fellow) October 4, 2018 [12]

1939

The first major modification to the 1929 map and ordinance was adopted in 1939, following the annexation of 1938.

1949

In 1949, City Council adopted modifications to the 1939 zoning ordinance, including a revised map adding an A-B Business district.

In the Venable neighborhood, University Circle is rezoned from A-1 to A. In the Rose Hill neighborhood, parcels along Rose Hill Dr and Forest St are rezoned from A-1 Residence to B-1 Business. In the Jefferson Park Avenue neighborhood, Montebello Circle is downzoned from A-1 to A. In the Woolen Mills neighborhood, areas along Caroline Ave north of Chesapeake were rezoned from B-1 Business to A-1 Residence, and parcels on the south side of East Market St east of Carlton Rd are downzoned from C Industrial to B-1 Business.

1958

On August 17, 1957 Harland Bartholomew Associates submitted a revised draft of the Charlottesville zoning ordinance to the Charlottesville Planning Commission. [13]

City Council adopted the 1958 ordinance and map effective February 17, 1958.

1963

In 1963, a zoning map amendment was adopted to designate the newly annexed areas added to the city that year.

1964

At their June 9, 1964 meeting, the City Planning Commission proposed an amendment to the zoning code to delete two-family dwellings from the R-1 zone to single-family home and other uses such as schools, churches and parks, that were then allowed. [14]

The amendment was adopted on August 3, 1964.

1976

At the December 15, 1975 City Council meeting, a new ordinance and map were adopted effective January 1, 1976.

Gildersleeve Wood in the Jefferson Park Avenue neighborhood is downzoned from R-2 to R-1 at this time, as is the McElroy Drive area in the Fry's Spring neighborhood.

1991

City Council decided to discourage construction of any types of housing besides single-family homes in the white and relatively wealthy neighborhoods of Fry's Spring, Johnson Village, Lewis Mountain, Venable, Barracks-Rugby, and Greenbrier.[11] That year, the city instituted a new R-1A single-family zone. This affected 4,500 parcels of land in the City, lots that had previously been too small for R-1 single-family designation, a process referred to as "downzoning." Proponents of downzoning intended to protect neighborhood stability and encourage homeownership. Opponents said that single-family zoning is exclusionary and would make housing less affordable. The change essentially prohibited multifamily apartment buildings in those neighborhoods.

In Belmont, one homeowner on Hinton Avenue had converted a single family house to add an independent apartment. The city ordered this to be an illegal action. [15]

Details

On January 22, Council voted 3-2 to deny a resolution to require a notice to all city property owners whose land would be affected by the new zoning map. [16]

Council next discussed the matter on April 15.

City Attorney Clyde Gouldman told Council that there were three major revisions in the zoning amendment. These were the addition of the new R-1A zone to limit density in single family neighborhood, new bulk and height regulations, and a rewriting of the historic preservation section to designate individual properties.

Councilor Bitsy Waters offered an amendment to reinstate a B-5 district, allow accessory apartments limited to 400 square feet in existing structures in excess of 2,000 square feet and on lots of 6,000 square feet, and to allow duplexes in existing units of 2,400 square feet on lots of 7,200 square feet.

Councilor Kay Slaughter supported the apartments if the home was owner-occupied and that could help with homeownership. Councilor Tom Vandever expressed doubt and said that might not protect neighborhoods near the University of Virginia. Councilor David Toscano said he would support the R-1A designation but he had reservations. Councilor Alvin Edwards also supported R-1A. [17]

Before their discussion that evening, Eugene Williams of the Dogwood Housing Limited Partnership said Council had not done enough to educate people about the plan, which he said would lead to perpetuation of housing discrimination in Charlottesville.

The joint public hearing with the Planning Commission was held on May 6. Reverend Edwards told the audience that the main change was the addition of the R-1A zoning. Speakers in favor of that category included the of the Johnson Village Neighborhood Association, residents of the Fry's Spring neighborhood, the head of the Belmont Neighborhood Association, the president of the Venable Neighborhood Association,

Opponents of the zoning included University of Virginia students who were concerned about the impact restricting rentals would have on prices, property owners who felt their rights were being taken away. [18]

At their meeting on May 20, 1991, Council discussed the matter again again and approved a motion allowing accessory apartments in structures of at least a 1,600 square feet as long as the owner lived there and there were two off-street parking spaces provided. They held first reading of the zoning map on this date. [19]

Council adopted the ordinance on second reading on June 3, 1991. Toscano expressed concern that three recent proposals to build affordable housing were met with opposition from neighbors. [20]

Individual rezonings
  • May 6 – City Council denied rezoning of 324 11th Street NE from R-2 to B-1 [18]

1998

  • The Charlottesville Planning Commission sought to implement a goal to increase home ownership in the city. They brought forth a proposal to rezone 200 properties to restrict them to single family residential. That would have eliminated several commercial uses and lowered density. [21]
  • Charlottesville and surrounding Albemarle County adopted Sustainability Accords. [22]
  • On March 16, 1998, City Council rejected a zoning text amendment to permit up to 10,000 square feet gross (7,500sf net) retail in a B-1 zone with a special use permit, with instructions to the Planning Commission to "recommend proper square footage and percentage of pharmaceutical and medical inventory to other retail stock."[23] The ZTA was prompted by an applicant who previously requested a rezoning to expand an existing nonconforming pharmacy, which was withdrawn after concern that more intense business zoning would be too severe for the area.

1999

Fifeville Transition Zone (TZ)

On November 1, 1999, a new Transition Zone district was created in Fifeville.[24] The new district along the north edge of Fifeville, 9th and 10th Streets, and Cherry Avenue was intended to facilitate development and encourage preservation of adjacent neighborhoods.[25]

The idea of the Transition Zone was discussed at least as early as September 3, 1996, during a B-1 rezoning discussion for property on 5th St SW then zoned R-3.[26] Satyendra Huja led a discussion about transition zones generally at the Board of Architectural Review on August 20, 1996.[27]

In January 1997, Councilors David Toscano and Maurice Cox sent a memo on a transition zone working group and asked for feedback from the rest of City Council.[28]

On January 5, 1998, Council appropriated $3,000 to fund "activities which will help define a 'transition zone' in the Fifeville area," including hiring UVa graduate students, surveying the neighborhood, and conducting workshops.[29]

In 2002, Walker Square was proposed as a by-right development in the TZ district, containing 225 units in seven residential buildings and one commercial building. The plan reportedly met all but three of the transition zone guidelines.[30] On May 14, 2002, the Planning Commission rejected a motion to approve the site plan due to a traffic gate arm at the entrance to 7th Street.[30]

Individual rezonings
  • On October 4, 1999, City Council approved a special permit for up to six unrelated persons for 1025 Wertland Street, a proposal to renovate a historic building into offices on lower floors and apartments above using historic tax credits.[25]
  • On October 4, 1999, City Council also approved a special use permit for The Terraces, allowing up to 28 units at 100 West Main Street, including 4 efficiencies, 21 one-bedroom units, and 3 three two-bedroom units.[25]

2000

Individual rezonings

2003

In 2003, the City of Charlottesville rewrote its zoning ordinance:

  • Increased mixed use zoning throughout the city
  • Increased the by-right density in many locations. [citation needed] The allowable number of unrelated people within a household was reduced from four to three in R-1U and R-1US university residential zoning districts.[36]
  • Entrance corridor overlay along main roads. [1]
  • New university-specific districts close to grounds: By increasing the number of University of Virginia students who live near central grounds, the new zoning ordinance has reduced student demand for parking spaces. U.Va Architect David Neuman reported to the Charlottesville Planning Commission on June 8, 2010 that "fewer than 10% of the students" use their cars to commute to school.[citation needed]
Timeline 2003 rezoning
  • June 2, 2003: Council receives report on new zoning ordinance[37].
  • July 7, 2003: Council holds a public hearing on the new zoning ordinance [36]
  • July 17, 2003: Council holds a work session to go through details of suggested ordinance [38]
  • July 21, 2003: Council holds additional discussion on the rezoning [39]
  • August 4, 2003: Council holds additional discussion [40]
  • September 2, 2003: Council holds additional public hearing and moves ordinance on first reading [41]

2007

2008

  • February 12, 2008 – Commission public hearing scheduled for ZT-07-12-29, deferred prior to the meeting.[45]
  • March 25, 2008 &ndash Planning Commission work session on Downtown & West Main rezoning proposal.[46]
  • April 8, 2008 – Planning Commission votes to initiate and approve ZT-07-12-29 on a final vote of 5-1, with Cheri Lewis dissenting.[47]
  • May 5, 2008 – Council holds its first reading of the ordinance, voting unanimously to carry it over to its next reading after hearing a presentation from Jim Tolbert about the 1.5 years of work put into it.[48]
  • May 19, 2008 – Council adopts the rezoning after removing it from consent agenda.[49]
  • November 3, 2008 – Council holds first reading of ordinance to adjust allowed densities on West Main and downtown, [50]
  • November 17, 2008 – Council adopts density changes on its consent agenda.[51]

2013

  • Charlottesville and surrounding Albemarle County completed a regional livability plan.[52] [citation needed]

2014

Some residents of the Fry's Spring neighborhood petitioned City Council to downzone 68 parcels in the neighborhood from R-2 to R-1. City Council voted 3-2 to deny a rezoning on September 2, 2014. [53]

2015

On April 28 and 29, 2015, a technical assistance team from Smart Growth America visited Charlottesville to conduct a Sustainable Land Use Code Audit workshop. Charlottesville was one of 14 communities nationwide selected to receive one of Smart Growth America’s 2015 free technical assistance workshops. [54]

2016

On March 21, 2016 the zoning for West Main Street was revised by City Council, splitting it into East/West districts rather than North/South and lowering allowed heights.[55] The change followed recommendations made by Rhodeside & Harwell in the West Main Streetscape study.

2017

The ongoing legal audit of the zoning code continued. CADRE submitted a 16 page letter that commented on the work Robertson had undertaken. [56]

In 2017, the city considered form-based code in the Strategic Investment Area. [57] Form-based code is a type of zoning ordinance that focuses more on a building’s style and size, and less on its use.

"Among the innovations championed by the New Urbanist or neo-traditional movement, and by many other architects and planners, are "form-based" zoning codes. The primary goal of form-based codes is to guide the configuration and architectural quality of urban and suburban environments. That contrasts with conventional zoning, which often concentrates on the use of buildings, such as whether a block is residential or commercial." [58] By Roger K. Lewis, The Washington Post, July 24, 2004.

2018

Department of Neighborhood Development Services (NDS) Director Alex Ikefuna referred to the zoning ordinance as a "wastebasket of errors.”[59] Ikefuna was making a point that if NDS is to improve its efficiency, the city must update its zoning ordinance.

In a sign of things to come, in the December 2018 the Minneapolis City Council passed 2040, a comprehensive plan to permit three-family homes in the city’s residential neighborhoods, abolish parking minimums for all new construction, and allow high-density buildings along transit corridors. Minnesota is a Home Rule state. https://slate.com/business/2018/12/minneapolis-single-family-zoning-housing-racism.html-->

2019

Discussions regarding "upzoning" and "downzoning"

References

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  2. http://mccandlishlawyers.com/wp-content/uploads/2013/12/Virginia-Planning-and-Zoning-Law1.pdf
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  4. Web. Board, Planners Meet Tomorrow - Zoning Law Matter to be Discussed, Daily Progress Digitized Microfilm, Lindsay family, November 11, 1953, retrieved November 11, 2022. Print. November 11, 1953 page 3.
  5. Web. Zoning - For the Birds, Alan Rosenkrans, Daily Progress Digitized Microfilm, Lindsay family, October 29, 1963, retrieved October 29, 2022. Print. October 29, 1963 page 4.
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  7. Web. County of Albemarle, Albemarle County Board of Supervisors Minutes, Albemarle County Board of Supervisors, Albemarle County, , retrieved July 17, 2019.
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