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ACTIONS
Board of Supervisors Meeting of May 5, 2010
May 6, 2010
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 9:02 a.m. by the
Chair, Ann Mallek. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, Ella Jordan and Meagan Hoy.
4. Recognition:
a. Proclamation - Public Service Recognition
Week 2010.
• Chair read the attached recognition.
(Attachment 1)
5. From the Board: Matters not listed on the Agenda.
Dennis Rooker:
• MPO working on a meeting with Secretary of
Transportation, Sean Connaughton, to discuss
obtaining earmarked funds for the 29H250
improvements from Hydraulic Road to the
Route 250 Bypass and the additional ramp at
Best Buy. If Board members have any
additional topics they want discussed at the
meeting, he asked that they be forwarded to
himself or Mr. Thomas.
Rodney Thomas:
• ACFRAB Operations Committee working on an
agreement on policies. They have discussed
setting a standard for screening volunteers.
Ann Mallek:
• Attended ribbon cutting ceremony for the
MITRE Corporation located in North Fork
Research Park, Town Center 3.
• As a way to improve communication within the
Board, asked Board members to keep each
other informed when they are meeting with
staff when developing new policy. Also
requested that the County Executive inform the
Chair when he is meeting with staff and
citizens on policy development issues. She is
also reinstituting pre-agenda meetings of the
Chair, Vice-Chair, County Executive and
Assistant County Executive to discuss what is
to be published for the upcoming agenda.
6. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
• Diantha McKeel, School Board member,
expressed concern that education is not
included as an integral part of the proposed
Economic Development Action Plan and that it
be amended to include such recognition.
• Candace Smith, small business owner and
County resident, commented on the proposed
Economic Development Action Plan. She also
stated that actions by the Board of Supervisors
need to be considered by the full Board and
not the result of any single Supervisor efforts.
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• Cristine Nardi, Executive Director, Center for
Nonprofit Excellence, highlighted the work of
the Center. Encouraged the Board to consider
the nonprofit sector as a stakeholder in its
discussions about strategies to increase the
economic vitality of the County. Announced the
Charlottesville Civic Action 2010 Exhibit, June
4, 2010, at CitySpace.
• Morgan Butler, of the Southern Environmental
Law Center, commented on the proposed
Economic Development Action Plan.
Expressed concern that meetings were not
publicized. Asked what affect this Plan would
have on existing programs and efforts.
• John Martin, a resident of Free Union, provided
a photo of the construction of the Ragged
Mountain Dam from 1907. Urged continued
Board support for the approved Water Supply
Plan.
• Liz Palmer, a County resident, spoke about the
Water Supply Plan.
• Jeff Werner, of the Piedmont Environmental
Council, commented on the proposed
Economic Development Action Plan. He also
asked what will be reprioritized to allow staff to
work on the Plan.
• Neil Williamson, of the Free Enterprise Forum,
spoke about the proposed Economic
Development Action Plan. Said the focus
should be on the business environment.
Encouraged Board members to focus and
debate on the facts in the proposed Plan and
move past the communication issues.
7.2 Schedule public hearing for the proposed renewal
of the Old Crozet School Arts Lease Agreement for
portion of the Old Crozet Elementary School.
• SET public hearing for June 2, 2010 to
receive public comment on the proposed
lease agreement.
Clerk: Advertise and schedule public hearing
on agenda.
7.3 Authorize County Executive to sign an amendment
to the Field School of Charlottesville’s Lease for
portion of the Old Crozet Elementary School.
• APPROVED the Field School’s lease
amendment contingent on the approval of
OCSA’s lease and AUTHORIZED the County
Executive to sign the lease amendment.
County Attorney’s office: Forward copy of fully
executed agreement to Clerk’s office after all
appropriate signatures have been received.
7.4 FY 2010 Budget Amendment and Appropriations.
• APPROVED the budget amendment in the
amount of $614,551.04 and APPROVED
Appropriations, #2010073, #2010074,
#2010076, #2010077, #2010078, #2010079,
and #2010080
Clerk: Forward copy of signed appropriation
forms to Finance, OMB and appropriate
individuals.
8 Proclamation - National Travel and Tourism Week,
May 8–16, 2010.
• Chairman read the attached proclamation.
(Attachment 2)
9. Tourism Update, Kurt Burkhart, Director of
Charlottesville-Albemarle Conventions Bureau.
• RECEIVED.
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10. Presentation of Streamwatch Annual Report, John
Murphy.
• RECEIVED.
11. Presentation of the Historic Preservation
Committee’s 2009 Annual Report, Jared
Loewenstein.
• RECEIVED.
12. End-of-the-Year Intern Report, Lee Catlin.
• RECEIVED.
13. ZTA-2009-00003. Farm wineries.
• This item was moved to the afternoon portion
of the meeting.
14. ZTA-2009-00018. Farm stands, farm sales,
farmers’ markets.
• This item was moved to the afternoon portion
of the meeting.
NonAgenda. At 10:46 a.m. the Board recessed
and reconvened at 11:04 a.m.
15. Presentation on Regional Economic Development
Issues, Mike Harvey, TJPED.
• RECEIVED.
16. Albemarle County Economic Development Action
Plan.
• Scheduled work session, with public comment
on June 2nd.
Clerk: Schedule on agenda.
17. Closed Meeting.
• At 12:17 p.m., the Board went into closed
meeting pursuant to Section 2.2-3711(A) of the
Code of Virginia, under Subsection (1) to
consider appointments to boards, committees,
and commissions; under Subsection (1) to
conduct an administrative evaluation; under
Subsection (7) to discuss with legal counsel
and staff specific matters requiring legal advice
relating to an interjurisdictional agreement
regarding public safety; under Subsection (7)
to discuss with legal counsel and staff specific
matters requiring legal advice relating to an
interjurisdictional agreement regarding the
Rivanna Solid Waste Authority; and under
subsection (7) to discuss with legal counsel
and staff specific matters requiring legal advice
relating to compensation requirements.
18. Certify Closed Meeting.
• At 2:06 p.m., the Board reconvened into open
meeting and certified the closed meeting.
19. Boards and Commissions: Appointments.
• APPOINTED Brad Sheffield to the CHART
Committee to fill an unexpired term to end April
3, 2011.
• APPOINTED Carol Rasmussen to the Police
Department Advisory Committee with said term
to expire March 5, 2012.
• APPOINTED to the Rivanna Solid Waste
Authority Citizens Advisory Committee with
said term to expire December 31, 2011.
• REAPPOINTED Mark Gorlinsky and Nelson
Shaw to the Agricultural and Forestal District
Clerk: Prepare appointment/reappointment
letters, update Boards and Commissions book,
webpage, and notify appropriate persons.
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Advisory Committee with said terms to expire
April 17, 2014.
• REAPPOINTED Naresh Naran to the
Charlottesville Albemarle Convention and
Visitors Bureau with said term to expire June
30, 2012.
• REAPPOINTED Jane Covington and Steven
Meeks to the Historic Preservation Committee
with said terms to expire June 4, 2013.
• REAPPOINTED Rod Gentry and Barbara
Kessler to the Workforce Investment Board
with said terms to expire June 30, 2011.
13. ZTA-2009-00003. Farm wineries.
• APPROVED, by a vote of 6:0, the attached
ordinance.
Clerk: Forward copy of signed resolution to
Amelia McCulley, Wayne Cilimberg, and
County Attorney’s Office.
(Attachment 3)
14. ZTA-2009-00018. Farm stands, farm sales,
farmers’ markets.
• APPROVED, by a vote of 6:0, the attached
ordinance.
Clerk: Forward copy of signed resolution to
Amelia McCulley, Wayne Cilimberg, and
County Attorney’s Office.
(Attachment 4)
20. Work Session: Places29, David Benish.
• Scheduled work session, with public comment
on June 9th.
Clerk: Schedule on agenda.
21. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
Rodeny Thomas:
• Philip Sparks is retiring form Dominion Virginia
Power.
• He will not be able to attend the night meeting
on Wednesday May 12, 2010.
Closed Meeting.
• At 5:21 p.m., the Board went into closed
meeting pursuant to Section2.2-3711(A) of the
Code of Virginia, under subsection (1) to
discuss the salary of the County Executive.
Certify Closed Meeting.
• At 5:50 p.m., the Board reconvened into open
meeting and certified the closed meeting.
22. Adjourn to May 10, 2010, 4:00 p.m., PVCC.
• The meeting was adjourned at 5:50 p.m.
ewj/mrh
Attachment 1 – Proclamation - Public Service Recognition Week 2010
Attachment 2 – Proclamation - National Travel and Tourism Week, May 8–16, 2010
Attachment 3 – Adopted Ordinance - ZTA-2009-00003. Farm wineries
Attachment 4 – Adopted Ordinance - ZTA-2009-00018. Farm stands, farm sales, farmers’ markets
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ATTACHMENT 1
PUBLIC SERVICE RECOGNITION WEEK
MAY 3 – 9, 2010
WHEREAS, Americans are served daily by public servants at the federal, state, county, and city levels.
These unsung heroes do the work that keeps our nation working; and
WHEREAS, public service is among the most demanding and noble of professions; and
WHEREAS, Public Service Recognition Week is observed annually to celebrate and recognize the
valuable service that public servants provide to the nation; and
WHEREAS, over 500 Albemarle County Local Government employees work tirelessly to serve our
residents, businesses, and visitors, providing them with outstanding customer service while
maintaining careful stewardship of the resources with which they have been entrusted; and
WHEREAS, without these public servants at every level, continuity would be impossible in a democracy
that regularly changes its leaders and elected officials; and
WHEREAS, we appreciate the many accomplishments and contributions made daily by these public
servants;
NOW, THEREFORE, BE IT RESOLVED that we, the Albemarle County Board of Supervisors, do proclaim
May 3-9, 2010 as Public Service Recognition Week
and call upon the citizens of Albemarle County to join their fellow citizens across the County
to recognize crucial role of public employees.
Signed and sealed this 5th day of May, 2010.
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ATTACHMENT 2
National Tourism Week
May 8 through May 16, 2010
WHEREAS, the travel and tourism industry in Albemarle County continues to be vital to our economic
stability and growth; and it contributes significantly to our County’s cultural and social climate;
and
WHEREAS, the travel and tourism industry supports the vital interests of the Albemarle County
community, contributing to our employment, economic prosperity, international travel and
relations, peace, understanding and good will; and
WHEREAS, in 2008 the Virginia Tourism Corporation reported $268.8 million in tourism revenues were
attributed to County businesses; and approximately 2,866 people in Albemarle County work
in fields directly related to the tourism and hospitality industry, including lodging, food service,
and attractions; and payroll for these individuals was $50.6 million; and
WHEREAS, 1 of every 8 non-farm jobs in the United States is created directly or indirectly or is induced by
travel and tourism; and
WHEREAS, the U.S. Travel Association has estimated that each U.S. household would pay $1,000 more
in taxes without the tax revenue generated by the travel and tourism industry; and
WHEREAS, every citizen in Albemarle County benefits from the tourism industry; and it is fitting that we
recognize the importance of travel and tourism.
NOW, THEREFORE, BE IT RESOLVED, that I, Ann Mallek, Chair of the Albemarle County Board of
Supervisors, do hereby proclaim the week of
May 8 through May 16, 2010
as
NATIONAL TOURISM WEEK
in Albemarle County, and I call upon all citizens to recognize the value of the tourism industry
in our community and to observe this week with appropriate ceremonies and activities.
Signed and sealed this 5th day of May, 2010.
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ATTACHMENT 3
ORDINANCE NO. 10-18(3)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II,
BASIC REGULATIONS, AND ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY
OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Provisions, Article II, Basic Regulations, and Article III, District Regulations, are
hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 4.15.2 Definitions
Sec. 5.1.25 Farm winery
Sec. 10.2.1 By right
Sec. 10.2.2 By special use permit
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
. . .
Accessory Use, Building or Structure: A subordinate use, building or structure customarily incidental to and
located upon the same lot occupied by the primary use, building, or structure, and located upon land zoned
to allow the primary use, building or structure; provided that a subordinate use, building or structure
customarily incidental to a primary farm use, building or structure need not be located upon the same lot
occupied by the primary farm use, building, or structure. (Amended 10-9-02)
. . .
Agritourism. Any activity carried out on a farm or ranch that allows members of the general public, for
recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming,
wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions,
regardless of whether or not the participant paid to participate in the activity.
. . .
Farm winery: An establishment located on one or more lots in Albemarle County licensed as a farm winery
under Virginia Code § 4.1-207. (Added 12-16-81)
. . .
Farm winery event. An event conducted at a farm winery on one or more days where the purpose is
agritourism or to promote wine sales including, but not limited to, gatherings not otherwise expressly
authorized as a use under section 5.1.25(a), (b)(1) and (b)(3) through (b)(10) including, but not limited to
wine fairs, receptions where wine is sold or served; wine club meetings and activities; wine tasting
educational seminars; wine tasting luncheons, business meetings, and corporate luncheons with a focus on
selling wines; gatherings with the purpose of promoting sales to the trade, such as restaurants, distributors,
and local chamber of commerce activities; winemakers’ dinners where wine is paired with food; agritourism
promotions; and fundraisers and charity events.
. . .
8
Article II. Basic Regulations
Sec. 4.15.2 Definitions
The following definitions shall apply in the interpretation and implementation of this section 4.15:
(1.1) Agricultural product sign. The term “agricultural product sign” means a sign or signs identifying the
produce, crops, animals or poultry raised or quartered on the property, or identifying farm sales, a
farm stand, a farmers’ market or a farm winery. (Added 3-16-05)
Sec. 5.1.25 Farm winery
Each farm winery shall be subject to the following:
a. Uses permitted. The following uses, events and activities (hereinafter, collectively, “uses”) are
permitted at a farm winery:
1. The production and harvesting of fruit and other agricultural products and the
manufacturing of wine including, but not limited to, activities related to the production of the
agricultural products used in wine, including but not limited to, growing, planting and
harvesting the agricultural products and the use of equipment for those activities.
2. The sale, tasting, including barrel tastings, or consumption of wine within the normal course
of business of the farm winery.
3. The direct sale and shipment of wine by common carrier to consumers in accordance with
Title 4.1 of the Virginia Code and the regulations of the Alcoholic Beverage Control Board.
4. The sale and shipment of wine to the Alcoholic Beverage Control Board, licensed
wholesalers, and out-of-state purchasers in accordance with Title 4.1 of the Virginia Code,
regulations of the Alcoholic Beverage Control Board, and federal law.
5. The storage, warehousing, and wholesaling of wine in accordance with Title 4.1 of the
Virginia Code, regulations of the Alcoholic Beverage Control Board, and federal law.
6. Private personal gatherings of a farm winery owner who resides at the farm winery or on
property adjacent thereto that is owned or controlled by the owner, provided that wine is not
sold or marketed and for which no consideration is received by the farm winery or its
agents.
b. Agritourism uses or wine sales related uses. The following uses are permitted at a farm winery,
provided they are related to agritourism or wine sales:
1. Exhibits, museums, and historical segments related to wine or to the farm winery.
2. Farm winery events at which not more than two hundred (200) persons are in attendance at
any time.
3. Guest winemakers and trade accommodations of invited guests at a farm winery owner’s
private residence at the farm winery.
4. Hayrides.
5. Kitchen and catering activities related to a use at the farm winery.
6. Picnics, either self-provided or available to be purchased at the farm winery.
7. Providing finger foods, soups and appetizers for visitors.
8. Sale of wine-related items that are incidental to the sale of wine including, but not limited to
the sale of incidental gifts such as cork screws, wine glasses, and t-shirts.
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9. Tours of the farm winery, including the vineyard.
10. Weddings and wedding receptions at which not more than two hundred (200) persons are
in attendance at any time.
11. Other uses not expressly authorized that are agritourism uses or are wine sales related
uses, which are determined by the zoning administrator to be usual and customary uses at
farm wineries throughout the Commonwealth, which do not create a substantial impact on
the health, safety or welfare of the public, and at which not more than two hundred (200)
persons are in attendance at any time.
c. Agritourism uses or wine sales related uses; more than 200 person at any time; special use permit.
The following uses, at which more than two hundred (200) persons will be allowed to attend at any
time, are permitted at a farm winery with a special use permit, provided they are related to
agritourism or wine sales:
1. Farm winery events.
2. Weddings and wedding receptions.
3. Other uses not expressly authorized that are agritourism uses or wine sales related uses
which are determined by the zoning administrator to be usual and customary uses at farm
wineries throughout the Commonwealth.
d. Information and sketch plan to be submitted with application for a special use permit. In addition to
any information required to be submitted with an application for a special use permit under section
31.6.2, each application for one or more uses authorized under section 5.1.25(c) shall include the
following:
1. Information. Information pertaining to the following: (i) the proposed uses; (ii) the maximum
number of persons who will attend each use at any given time; (iii) the frequency and
duration of the uses; (iv) the provision of on-site parking; (v) the location, height and lumens
of outdoor lighting for each use; and (vi) the location of any stage, structure or other place
where music will be performed.
2. Sketch plan. A sketch plan, which shall be a schematic drawing of the site with notes in a
form and of a scale approved by the director of planning depicting: (i) all structures that
would be used for the uses; (ii) how access, on-site parking, outdoor lighting, signage and
minimum yards will be provided in compliance with this chapter; and (iii) how potential
adverse impacts to adjoining property will be mitigated so they are not substantial.
e. Sound from outdoor amplified music. Sound generated by outdoor amplified music shall not be
audible: (i) from a distance of one hundred (100) feet or more from the property line of the farm
winery on which the device is located; or (ii) from inside a dwelling unit.
f. Yards. Notwithstanding any other provision of this chapter, the minimum front, side and rear yard
requirements in section 10.4 shall apply to all primary and accessory structures established after
[insert date] and to all tents, off-street parking areas and portable toilets used in whole or in part to
serve any use permitted at a farm winery, provided that the zoning administrator may reduce the
minimum required yard upon finding that: (i) there is no detriment to the abutting lot; (ii) there is no
harm to the public health, safety or welfare; and (iii) written consent has been provided by the
owner of the abutting lot consenting to the reduction.
g. Uses prohibited. The following uses are prohibited:
1. Restaurants.
2. Helicopter rides.
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(§ 5.1.25, 12-16-81, 1-1-84; Ord. 98-20(1), 4-1-98; Ord. 01-18(6), 10-3-01)
Article III. District Regulations
Sec. 10.2.1 By right
The following uses shall be permitted by right in the RA district, subject to the applicable requirements of
this chapter:
. . .
17. Farm winery uses authorized under section 5.1.25(a) and (b). (Added 11-11-92)
Sec. 10.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors
pursuant to section 31.2.4: (Added 10-9-02)
. . .
53. Farm winery uses authorized under section 5.1.25(c).
. . .
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ATTACHMENT 4
ORDINANCE NO. 10-18(4)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II,
BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE, OF
THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article I, General Provisions, Article II, Basic Regulations, Article III, District Regulations, and Article
IV, Procedure, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 4.15.5 Signs authorized by special use permit
Sec. 4.15.6 Signs exempt from the sign permit requirement
Sec. 10.2.1 By right
Sec. 10.2.2 By special use permit
Sec. 11.3.1 By right uses
Sec. 11.3.2 By special use permit
Sec. 12.2.1 By right
Sec. 12.2.2 By special use permit
Sec. 13.2.2 By special use permit
Sec. 14.2.2 By special use permit
Sec. 15.2.2 By special use permit
Sec. 16.2.2 By special use permit
Sec. 17.2.2 By special use permit
Sec. 18.2.2 By special use permit
Sec. 19.3.2 By special use permit
Sec. 20.3.2 By special use permit
Sec. 20A.6 By right
Sec. 20B.2 By right
Sec. 22.2.1 By right
Sec. 23.2.1 By right
Sec. 24.2.1 By right
Sec. 27.2.1 By right
Sec. 27.2.2 By special use permit
Sec. 28.2.1 By right
Sec. 28.2.2 By special use permit
Sec. 35 Fees
By Repealing:
Sec. 5.1.19 Wayside stands
Sec. 5.1.35 Farm sales
Sec. 5.1.36 Farmer’s market
By Adding:
Sec. 5.1.47 Farm stands, farm sales and farmers’ markets
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
. . .
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Accessory merchandise: Non-agricultural merchandise that is subordinate and customarily incidental to the
agricultural products sold at a farm sales use or a farmers’ market such as pottery, baskets, canning jars,
pumpkin carving kits, wreath making supplies, floral arranging supplies, garden accessories, hand tools for
gardening and handmade crafts. For the purposes of this definition, farm machinery and equipment (except
hand tools), building materials, furniture, and other similar items are not subordinate merchandise.
Agriculture: Horticulture, viticulture, silviculture or other gardening which may involve the tilling of soil for
the raising of crops; the keeping of livestock and/or poultry; and/or agricultural industries or businesses,
such as, but not limited to, orchards, fruit packing plants, dairies, nurseries, farm sales, farm stands and
farmers’ markets. (Amended 12-2-87)
. . .
Farm Sales: The sale of agricultural products, value-added products and accessory merchandise on a
farm, either outdoors or within a temporary or permanent structure, where the vendor selling the products
and merchandise is engaged in production agriculture on the farm on which the farm sales use is located.
(Added 10- 11-95)
Farm Stand: The sale of local agricultural products and value-added products, either outdoors or within a
temporary or permanent structure, where the vendor selling the products is engaged in production
agriculture in Albemarle County, but not on the lot on which the farm stand is located.
. . .
Farmers' Market: The sale of agricultural products, value-added products, and accessory merchandise
either outdoors or within a temporary or permanent structure by two (2) or more vendors in the rural areas
(RA) zoning district or by one or more vendors in any other zoning district where the use is allowed, where
each vendor selling the products and merchandise is engaged in production agriculture in Albemarle
County regardless of whether it is on or not on the lot on which the farmers’ market is located. (Added 10-
11-95)
. . .
Local agricultural products: Agricultural products grown or produced in Albemarle County or its abutting
localities.
. . .
Value-added products: Raw agricultural products that have been altered to enhance their value through
baking, bottling, canning, carving, churning, cleaning, drying, freezing, weaving, or other similar processes.
Article II. Basic Regulations
Sec. 4.15.5 Signs authorized by special use permit
Except as provided in subsection (d), electric message signs, off-site signs, and signs in public rights-of-
way may be authorized only by special use permit, as provided herein:
a. Circumstances under which signs may be authorized. The signs may be authorized only under the
following circumstances:
1. Off-site signs. Off-site signs may be authorized by special use permit within any zoning
district.
2. Electric message signs. Electric message signs may be authorized by special use permit
within any commercial or industrial zoning district, or any commercially designated areas of
a planned unit development.
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3. Signs in public rights-of-way. Signs in public rights-of-way; provided: (1) the subdivision or
planned development to which the sign pertains abuts the public right-of-way; (2) the sign is
either a subdivision sign or a sign identifying a planned development authorized by sections
19, 20, 25, 25A, and 29; (3) the freestanding sign regulations, other than setback
regulations, applicable to the lot with the use to which the sign pertains shall apply; and (4)
if the sign is located within an entrance corridor overlay district, a certificate of
appropriateness is issued by the architectural review board.
b. Authority. The authority to issue a special use permit for off-site signs and electric message signs
is hereby granted to the board of zoning appeals.
c. Procedure and administration. The application procedure, the findings and conditions to be applied
by the board of zoning appeals when considering an application for a special use permit, and the
authority to revoke such a permit, shall be as provided in section 31.6 of this chapter. In addition to
the foregoing:
1. For an off-site sign, the board of zoning appeals shall also find that the issuance of a
special use permit is necessary because an on-site sign would be ineffective to
communicate its message off-site because of topography or vegetation.
2. For an electric message sign, the board of zoning appeals shall also find that the sign
complies with all applicable state laws for such signs.
3. A permit number for each special use permit issued for an off-site sign shall be affixed to
the sign in a conspicuous place.
d. Exception; certain off-site signs. A special use permit shall not be required for off-site directional,
political, subdivision or temporary signs, and off-site agricultural product signs, except for those
advertising a farmers’ market in any zoning district other than the Rural Areas, Monticello Historic
District, and the Village Residential zoning districts, provided that their number does not exceed two
(2) and they do not exceed an aggregate of thirty-two (32) square feet in sign area, and further
provided that any agricultural product sign advertising a farmers’ market in the Rural Areas,
Monticello Historic District, or the Village Residential zoning districts is posted within that particular
zoning district.
(12-10-80; 7-8-92, § 4.15.05; Ord. 01-18(3), 5-9-01)
State law reference – Va. Code §§ 15.2-2280, 15.2-2286.
Sec. 4.15.6 Signs exempt from the sign permit requirement
The following signs are exempt from the sign permit requirement set forth in section 4.15.4 provided that
they comply with the regulations set forth below and all other applicable regulations of this section 4.15:
(1) Agricultural product sign, on-site. One or two on-site agricultural product signs that do not exceed
an aggregate of thirty-two (32) square feet in sign area. (Added 3-16-05)
(2) Auction sign. An auction sign that does not exceed four (4) square feet in sign area, and which is
posted for a total of thirty (30) days or less in a calendar year. Such an auction sign shall be
removed within seven (7) days after date of the auction.
(3) Commemorative plaque. A commemorative plaque that does not exceed four (4) square feet in
sign area.
(4) Construction sign. A construction sign that does not exceed thirty-two (32) square feet in sign area.
Such a construction sign shall be removed within seven (7) days after issuance of a certificate of
occupancy.
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(5) Estate sign. An estate sign that does not exceed four (4) square feet in sign area.
(6) Farm sign. A farm sign that does not include commercial identification and does not exceed four
(4) square feet in sign area.
(7) Home occupation class B sign. A home occupation class B sign that does not exceed four (4)
square feet in sign area.
(8) Incidental sign. An incidental sign that does not exceed four (4) square feet in sign area.
(9) Political sign. One or more political signs that do not exceed the maximum sign area allowed for
the physical type of the sign (e.g., freestanding, wall) within the applicable zoning district.
(10) Private drive sign. A private drive sign that does not exceed four (4) square feet in sign area,
limited to one such sign per entrance.
(11) Public sign. A public sign.
(12) Residence sign. A residence sign that does not exceed four (4) square feet in sign area.
(13) Residential sign. One or more residential signs that are not illuminated signs and do not exceed
thirty-two (32) square feet in cumulative sign area.
(14) Special decorative display. A special decorative display used for holidays or public events, and
which is displayed for a total of sixty (60) days or less in a calendar year. Such a display shall be
removed within seven (7) days of said event.
(15) Temporary directional sign. A temporary directional sign that is erected no closer than five (5) feet
from a front lot line and does not exceed four (4) square feet in sign area.
(16) Real estate sign. A real estate sign that does not exceed thirty-two (32) square feet in sign area.
Such a real estate sign shall be removed from the site within seven (7) days of sale, lease or rental.
(17) Warning sign. A warning sign that is erected by a private landowner and does not exceed four (4)
square feet in sign area.
(18) Window sign. A permanent window sign, provided that it does not exceed twenty-five percent
(25%) of the total area of the window or door on which it is located, and the aggregate area of all
window signs on each window or door does not exceed twenty-five percent (25%) of the total area
of the window and door; and further provided that if a permanent window sign will be on a structure
within the entrance corridor overlay district and the window sign is visible from an entrance corridor
overlay street, that the aggregate area of all window signs shall not exceed nine (9) square feet per
business and that a certificate of appropriateness for the window sign is obtained as provided in
section 4.15.15. (Amended 3-16-05)
(19) Commercial flag. A commercial flag, subject to the following: (i) not more than one (1) flag may be
flown on a lot, provided that if the lot is four (4) acres or larger, then one (1) additional flag may be
flown; (ii) the flag shall not exceed twenty-four (24) square feet in size; and (iii) the flag shall be
flown on a flag pole and, if two (2) flags may be flown, they may either be on the same or on
separate flag poles. (Added 3-16-05)
(20) Noncommercial flag. A noncommercial flag, subject to the following: (i) the flag shall not exceed
twenty-four (24) square feet in size; (ii) on commercial, institutional and industrial lots, the flag shall
be displayed only on privately owned light posts and shall be installed in a manner so that it
remains taut and flapping and movement is minimized; and (iii) on residential and agricultural lots,
the flag shall be displayed from a mount on a dwelling unit or other permitted primary or accessory
structure, a flag pole, a mast, or suspended from a fixed structure, rope, wire, string or cable.
(Added 3-16-05)
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(21) Advertising vehicle. An advertising vehicle in which none of the prohibited conditions delineated in
section 4.15.7(c)(2)(ii) or (iii) exist that is: (i) used as transportation for the business; and (ii) parked
in an approved parking space or parking area that serves the advertised business, or temporarily
parked at another business to actively receive or provide goods or services, such as to load or
unload goods, provide on-site services, receive vehicle maintenance and repair, or obtain food for
the driver and passengers. (Added 3-16-05)
(12-10-80; 7-8-92, § 4.15.04; Ord. 01-18(3), 5-9-01; Ord. 05-18(4), 3-16-05)
State law reference – Va. Code § 15.2-2280.
Sec. 5.1.47 Farm stands, farm sales and farmers’ markets
Each farm stand, farm sales and farmers’ market shall be subject to the following, as applicable:
a. Zoning clearance. Notwithstanding any other provision of this chapter, each farm stand, farm sales
use, and farmers’ market shall obtain approval of a zoning clearance issued by the zoning
administrator as provided by section 31.5 before the use is established as provided herein:
1. Application. Each application for a zoning clearance shall include a letter or other evidence
from the Virginia Department of Transportation establishing that it has approved the
entrance from the public street to the proposed use and:
(a) Farm stands and farm sales uses. For farm stands and farm sales uses, a sketch
plan, which shall be a schematic drawing of the site with notes in a form and of a
scale approved by the zoning administrator depicting: (i) all structures that would
be used for the use; (ii) how access, on-site parking, outdoor lighting, signage and
minimum yards will be provided in compliance with this section and this chapter;
and (iii) how potential adverse impacts to adjoining property will be mitigated.
(b) Farmers’ markets. For farmers’ markets, an approved site plan waiver as provided
in section 32.2(b).
2. Notice. The zoning administrator shall provide written notice that an application for a
zoning clearance for a farm stand, farm sales use, or by right farmers’ market has been
submitted to the Virginia Department of Health and to the owner of each abutting lot under
different ownership than the lot on which the proposed use would be located. The notice
shall identify the proposed use and its size and location and invite the recipient to submit
any comments before the zoning clearance is acted upon. The notice shall be mailed at
least five (5) days prior to the action on the zoning clearance as provided in section
32.4.2.5. The review by the Virginia Department of Health shall be independent of the
zoning administrator’s review of the application for a zoning clearance and the approval of
the zoning clearance shall not be dependent on any approval by the Virginia Department of
Health. The notice requirements shall not apply to a zoning clearance required for a
farmers’ market that has been approved by special use permit.
b. Structure size. Structures used in conjunction with a farm stand, farm sales use, and farmers’
market shall comply with the following:
1. Farm stands. Any permanent structure established on and after May 5, 2010 (hereinafter,
“new permanent structure”) used for a farm stand shall not exceed one thousand five
hundred (1500) square feet gross floor area. Any permanent structure, regardless of its
size, established prior to May 5, 2010 (hereinafter, “existing permanent structure”) may be
used for a farm stand provided that if the structure does not exceed one thousand five
hundred (1500) square feet gross floor area, its area may be enlarged or expanded so that
its total area does not exceed one thousand five hundred (1500) square feet gross floor
area, and further provided that if the existing structure exceeds one thousand five hundred
(1500) square feet gross floor area, it may not be enlarged or expanded while it is used as
a farm stand.
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2. Farm sales. Any new permanent structure used for farm sales shall not exceed four
thousand (4000) square feet gross floor area. Any existing permanent structure, regardless
of its size, may be used for farm sales provided that if the structure does not exceed four
thousand (4000) square feet gross floor area, its area may be enlarged or expanded so that
its total area does not exceed four thousand (4000) square feet gross floor area, and
further provided that if the existing structure exceeds four thousand (4000) square feet
gross floor area, it may not be enlarged or expanded while it is used as a farm stand.
3. Farmers’ markets. Any new or existing permanent structure may be used for a farmers’
market without limitation to its size.
c. Yards. Notwithstanding any other provision of this chapter, the following minimum front, side and
rear yard requirements shall apply to a farm stand, farm sales use, and farmers’ market:
1. New permanent structures and temporary structures. The minimum front, side and rear
yards required for any new permanent structure or temporary structure shall be as provided
in the bulk and area regulations established for the applicable zoning district, provided that
the minimum front yard on an existing public road in the rural areas (RA) zoning district
shall be thirty-five (35) feet. The zoning administrator may reduce the minimum required
yard upon finding that: (i) there is no detriment to the abutting lot; (ii) there is no harm to the
public health, safety or welfare; and (iii) written consent has been provided by the owner of
the abutting lot consenting to the reduction.
2. Existing permanent structures. If an existing permanent structure does not satisfy any
minimum yard requirement under subsection 5.1.47(c)(1), the minimum yard required shall
be the distance between the existing permanent structure and the street, road, access
easement or lot line on May 5, 2010 and that distance shall not be thereafter reduced. An
enlargement or expansion of the structure shall be no closer to a street, road, access
easement or lot line than the existing structure.
d. Parking. Notwithstanding any provision of section 4.12, the following minimum parking
requirements shall apply to a farm stand, farm sales use, and farmers’ market:
1. Number of spaces. Each use shall provide one (1) parking space per two hundred (200)
square feet of retail area.
2. Location. No parking space shall be located closer than ten (10) feet to any public street
right-of-way.
3. Design and improvements. In conjunction with each application for a zoning clearance, the
zoning administrator shall identify the applicable parking design and improvements required
that are at least the minimum necessary to protect the public health, safety and welfare by
providing safe ingress and egress to and from the site, safe vehicular and pedestrian
circulation on the site, and the control of dust as deemed appropriate in the context of the
use. The zoning administrator shall consult with the county engineer, who shall advise the
zoning administrator as to the minimum design and improvements. Compliance with the
identified parking design and improvements shall be a condition of approval of the zoning
clearance.
Article III. District Regulations
Sec. 10.2.1 By right
The following uses shall be permitted by right in the RA district, subject to the applicable requirements of
this chapter:
. . .
26. Farm sales (reference 5.1.47).
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27. Farm stands (reference 5.1.47).
Sec. 10.2.2 By special use permit
The following uses shall be permitted by special use permit in the RA district, subject to the applicable
requirements of this chapter:
. . .
53. Farmers’ markets (reference 5.1.47).
Sec. 11.3.1 By right uses
The following uses shall be permitted by right in the MHD:
. . .
3. Display and sale of gifts, souvenirs, crafts, food, and horticultural and agricultural products, including
outdoor storage and display of horticultural and agricultural products.
. . .
25. Farm sales (reference 5.1.47).
26. Farm stands (reference 5.1.47).
Sec. 11.3.2 By special use permit
The following uses shall be permitted by special use permit in the MHD:
1. Farmers’ markets (reference 5.1.47).
. . .
Sec. 12.2.1 By right
The following uses shall be permitted in the VR district, subject to the applicable requirements of this
chapter:
. . .
17. Farm sales (reference 5.1.47).
18. Farm stands (reference 5.1.47).
Sec. 12.2.2 By special use permit
The following uses shall be permitted by special use permit in the VR district, subject to the applicable
requirements of this chapter:
. . .
18. Farmers’ markets (reference 5.1.47).
Sec. 13.2.2 By special use permit
The following uses shall be permitted by special use permit in the R-1 district, subject to the applicable
requirements of this chapter:
. . .
14. Farmers’ markets (reference 5.1.47).
Sec. 14.2.2 By special use permit
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The following uses shall be permitted by special use permit in the R-2 district, subject to the applicable
requirements of this chapter:
. . .
16. Farmers’ markets (reference 5.1.47).
Sec. 15.2.2 By special use permit
The following uses shall be permitted shall be permitted by special use permit in the R-4 district, subject to
the applicable requirements of this chapter:
. . .
18. Farmers’ markets (reference 5.1.47).
Sec. 16.2.2 By special use permit
The following uses shall be permitted by special use permit in the R-6 district, subject to the applicable
requirements of this chapter:
. . .
18. Farmers’ markets (reference 5.1.47).
Sec. 17.2.2 By special use permit
The following uses shall be permitted by special use permit in the R-10 district, subject to the applicable
requirements of this chapter:
. . .
20. Farmers’ markets (reference 5.1.47).
Sec. 18.2.2 By special use permit
The following uses shall be permitted by special use permit in the R-15 district, subject to the applicable
requirements of this chapter:
. . .
20. Farmers’ markets (reference 5.1.47).
Sec. 19.3.2 By special use permit
The following uses shall be permitted by special use permit in the PRD district, subject to the applicable
requirements of this chapter and provided that no separate application shall be required for any such use as
shall be included in the original PRD rezoning petition:
. . .
12. Farmers’ markets (reference 5.1.47).
Sec. 20.3.2 By special use permit
The following uses shall be permitted by special use permit in the PUD district, subject to the applicable
requirements of this chapter and, provided that no separate application shall be required for any such use
included in the original PUD rezoning petition:
. . .
9. Farmers’ markets (reference 5.1.47).
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Sec. 20A.6 Permitted uses
The following uses shall be permitted in the NMD district, subject to the regulations in this section and
section 8, the approved application plan and code of development, and the accepted proffers:
a. By right uses. The following uses are permitted by right if the use is expressly identified as a by
right use in the code of development or if the use is permitted in a determination by the zoning
administrator pursuant to subsection 8.5.5.2(c)(1):
. . .
10. Farmers’ markets (reference 5.1.47).
Sec. 20B.2 Permitted uses
The following uses shall be permitted in the DCD, subject to the regulations in this section:
A. By right uses; retail and service. The following retail and service uses are permitted by right:
11. Farmers’ markets (reference 5.1.47).
Sec. 22.2.1 By right
The following uses shall be permitted in the C-1 district, subject to the applicable requirements of this
chapter. The zoning administrator, after consultation with the director of planning and other appropriate
officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be
similar to uses permitted by right in general character and more specifically, similar in terms of locational
requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning
administrator’s decision shall be as generally provided in section 34.
. . .
a. The following retail sales and service establishments:
. . .
16. Farmers’ markets (reference 5.1.47).
b. The following services and public establishments:
Sec. 23.2.1 By right
The following uses shall be permitted in the CO district, subject to the applicable requirements of this
chapter:
. . .
15. Farmers’ markets (reference 5.1.47).
Sec. 24.2.1 By right
The following uses shall be permitted in the HC district, subject to the applicable requirements of this
chapter. The zoning administrator, after consultation with the director of planning and other appropriate
officials, may permit, as a use by right, a use not specifically permitted; provided that such use shall be
similar to uses permitted by right in general character, and more specifically, similar in terms of locational
requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning
administrator’s decision shall be as generally provided in section 34.
. . .
43. Farmers’ markets (reference 5.1.47).
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Sec. 27.2.1 By right
Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted by right in the LI
district, subject to the applicable requirements of this chapter:
. . .
20. Farmers’ markets that will be conducted outdoors or within a temporary or existing permanent structure
(reference 5.1.47).
Sec. 27.2.2 By special use permit
The following uses shall be permitted by special use permit in the LI district:
. . .
19. Farmers’ markets that will be conducted in a new permanent structure (reference 5.1.47).
Sec. 28.2.1 By right
Except as otherwise limited by section 28.2.2.14, the following uses shall be permitted by right in the HI
district, subject to the applicable requirements of this chapter:
. . .
29. Farmers’ markets that will be conducted outdoors or within a temporary or existing permanent structure
(reference 5.1.47).
Sec. 28.2.2 By special use permit
The following uses shall be permitted by special use permit in the HI district:
. . .
18. Farmers’ markets that will be conducted in a new permanent structure (reference 5.1.47).
Article IV. Procedure
Sec. 35 Fees
Each applicant shall pay the applicable fees established below, provided that neither the county nor the
county school board shall be required to pay any fee if it is the applicant:
a. For a special use permit:
1. Rural area division for the purpose of "family division" where all original 1980 development rights
have been exhausted under "family division" as defined under section 18-56 of the subdivision
ordinance - $220.00. (Amended effective 1-1-94)
2. Rural area divisions - $1,240.00.
3. Commercial use - $980.00.
4. Industrial use - $1,020.00.
5. Private club/recreational facility - $1,020.00.
6. Mobile home park or subdivision - $980.00.
7. Public utilities - $1,020.00.
8. Grade/fill in the flood plain - $870.00.
9. Minor amendment to valid special use permit or a special use permit to allow minor expansion of
nonconforming use -$110.00. (Amended effective 1-1-94)
10. Extending special use permits - $70.00.
11. Home Occupation-Class A - $13.00;
Home Occupation-Class B - $440.00.
12. For day care centers - six (6) to nine (9) children - $490.00. (Added 6-3-92)
13. For day care centers - ten (10) or more children - $980.00. (Added 6-3-92)
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14. Farmers’ markets without an existing commercial entrance approved by the Virginia Department of
Transportation or existing and adequate parking - $490.00.
15. Farmers’ markets with an existing commercial entrance approved by the Virginia Department of
Transportation and existing and adequate parking - $110.00.
16. All other uses except signs - $980.00. (Amended 7-8- 92)
b. For amendment to text of zoning ordinance - $840.00.
c. Amendment to the zoning map:
1. For planned developments - under 50 acres - $1,020.00.
2. For planned developments - 50 or more acres - $1,570 .00.
3. For all other zoning map amendments - under 50 acres - $1,020.00.
4. For all other zoning map amendments - 50 or more acres - $1,570.00.
5. Minor amendment to a zoning map amendment - $220.00.
d. Board of Zoning Appeals:
1. Request for a variance or sign special use permit - $120.00. (Amended 7-8-92)
2. For other appeals to the board of zoning appeals (including appeals of zoning administrator's
decision) - $120.00, to be refunded if the decision of the zoning administrator is overturned.
e. Preliminary site development plan:
1. Residential - $1,190.00, plus $13.00/unit.
2. Non-residential - $1,580.00, plus $13.00/1000 square feet.
f. Final site development plan:
1. Approved administratively - $410.00.
2. If reviewed by the commission before approval of preliminary site development plan - $1,130.00.
3. If reviewed by the commission after approval of the preliminary site development plan - $790.00.
4. For site development plan waiver - $270.00.
5. For site development plan amendment:
a) Minor - alterations to parking, circulation, building size, location - $95.00.
b) Major - commission review - $270.00.
6. Review of site development plan by the architectural review board - $200.00.
7. Appeal of site development plan to the board of super visors - $240.00.
8. Rehearing of site development plan by commission or board of supervisors - $190.00.
9. Rejection by agent of incomplete site development plan:
a) Rejected within ten days - $200.00.
b) Suspended after site plan review - site plan fee shall not be refunded. $65.00 fee shall be
required to reinstate project.
g. For relief from a condition of approval from commission or landscape waiver by agent - $180.00.
h. Change in road or development name after submittal of site development plan:
1. Road - $20.00.
2. Development - $25.00.
i. Extending approval of site development plan - $45.00.
j. Granting request to defer action on site development plan, special use permit or zoning map
amendment:
1. To a specific date - $35.00.
2. Indefinitely - $75.00.
k. Bond inspection for site development plan, for each inspection after the first bond estimate - $60.00.
l. Zoning clearance - $35.00.
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m. Accessory lodging permits - $35.00.
n. Official Letters:
1. Of determination - $75.00.
2. Of compliance with county ordinances- $75.00.
3. Stating number of development rights - $40.00.
o. Sign Permits:
1. Any sign, except exempted signs and signs requiring review by the architectural review board -
$35.00.
2. Signs required to be reviewed by the architectural review board - $75.00.
p. Tier II personal wireless service facility - $790.00. (Added 10-13-04)
q. Review of groundwater assessment information required by sections 31.2.2 or 32.5.7:
1. Tier 1 assessment under Albemarle County Code § 17-401 - $50.00.
2. Tier 3 assessment under Albemarle County Code § 17-403 - $400.00 plus $25.00 per lot.
3. Tier 4 assessment under Albemarle County Code § 17-404 - $1,000.00.
In addition to the foregoing, the actual costs of any notice required under Chapter 22, Title 15.2 of the Code
shall be charged to the applicant, to the extent that the same shall exceed the applicable fee set forth in this
section. The fee shall be in the form of cash or a check payable to the “County of Albemarle.” An
application presented without the required fee shall not be deemed to be submitted and shall not be
processed. If the zoning administrator determines after a fee has been paid that the review and approval to
which the fee pertains is not required to establish the use or structure, the fee shall be refunded to the
applicant in full. For any application withdrawn after public notice has been given, no part of the fee will be
refunded.