Proposed Critical Slopes Ordinance Change - Albemarle County

ii. Any lot or parcel of record which was lawfully a lot of record on DATE
OF ADOPTION may establish the first single-family detached dwelling
unit on such lot or parcel; provided the parcel does not contain
adequate land area in outside of preserved slopes for the location of
such structure. For the purposes of this section, the term "lawfully a lot
of record" shall also apply to any lot shown on a subdivision plat
approved prior to DATE OF ADOPTION, provided such plat has not
expired.
iii. Public facilities necessary to allow the use of the parcel provided that
any of the following factors apply:
1. The disturbance avoids impacts on other protected resources
such as stream buffers or floodplain.
2. The alignment is consistent with facilities included in the
Comprehensive Plan.
3. The disturbance is necessary to provide interconnection
required by the County Code or the regulations of other
agencies.
4. Literal enforcement of the provision will result in unnecessary
hardship.
5. The exceptional narrowness, shallowness, size or shape of a
specific piece of property at the time of the effective date of
this ordinance, the strict application of the terms of this
ordinance would effectively prohibit or unreasonably restrict
the use of the property.
iv. Public or Private pedestrian and cycling trails.
v. Accessory uses to dwellings lawfully in existence prior to DATE OF
ADOPTION.
2. The following uses shall be permitted by special use permit.
a. Private facilities such as accesways, utility lines and appurtenances and
stormwater management facilities necessary to allow the use of the parcel