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ACTIONS
Board of Supervisors Meeting of April 3, 2013
April 5, 2013
AGENDA ITEM/ACTION
ASSIGNMENT
PODCAST
1. Call to Order.
Meeting was called back to order at 9:06 a.m.,
by the Chair, Ms. Mallek. All BOS members
were present. Also present were T om Foley,
Larry Davis, Ella Jordan and Travis Morris.
Listen
4. Adoption of Final Agenda.
Mr. Snow announced that he would be
providing a report on the MPO.
Mr. Boyd announced that he would be
providing a report on the Fiscal Impact
Committee.
Mr. Foley commented that Item 8.5 from the
consent agenda has been moved to Item 19a
on the regular agenda.
ACCEPTED the final agenda.
5. Brief Announcements by Board Members.
Ken Boyd:
Provided a report on the semi-annual meeting
of the Fiscal Impact Committee.
Duane Snow:
Provided a report on the recent MPO Policy
Board meeting and provided a listing of
projects for the LRTP cost analysis.
Ann Mallek:
Provided an update on the Workforce One
Stop Committee.
Dennis Rooker:
Announced that he would not be seeking re-
election for another term on the Board of
Supervisors.
Listen
6. Recognitions:
a. Alan Collier for service on the Equalization
Board.
Chair recognized and presented with
Certificate of Appreciation.
b. David Cooke for service on the Equalization
Board.
Chair recognized and presented with
Certificate of Appreciation.
c. Proclamation recognizing Mothers Against
Drunk Driving (MADD) April 21, 2013, as
Power Talk 21 Day.
Chair read proclamation.
d. Introduction of Douglas C. Walker, Assistant
County Executive.
County Executive introduced Mr. Walker.
(Attachment 1)
Listen
7. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
The following individuals expressed concerns
about paid County firefighters not being able to
volunteer as firefighters in the County:
Rodney Rich
Richard Martin
Tom Loach
Listen
2
The following individuals spoke about the
appropriateness of Mr. Dumler to continue to
represent the Scottsville District:
Charles Winkler
Pat Napoleon
Steven Peters
Lena Marie
The following individuals spoke about the proposed
zoning text amendment for industrial uses:
Marcia Joseph
Blake Hurt
Wendell Wood
Charles Battig presented a presentation
addressing the proposed County budget.
Nancy Carpenter spoke in support of the
homeless and the housing of two homeless
residents from the County.
Gerry Sackett spoke about safety issues at the
intersection of Milton Road and Rose Hill
Church Lane.
Joe Draego spoke in opposition to the
proposed Comprehensive Plan.
Jeff Werner spoke about per unit proffers in
response to comments made by Mr. Boyd
earlier in the meeting.
8.2 WPO-2012-00066. Ragged Mountain Dam Borrow
Area – Request to extend the deadline for
installing permanent vegetation.
APPROVED WPO-2012-00066 subject to
the following condition:
1. Permanent stabilization shall be installed
by May 5, 2014.
Glenn Brooks: Notify applicant of
approval.
Listen
8.3 SDP-2012-046. Cascadia Preliminary Site Plan,
Variations #1-4 from ZMA-2002-004.
APPROVED variations #1, #2, #3, and #4 for
SDP-2012-046 subject to the conditions and
recommendations listed in the staff report.
Clerk: Set out conditions of
approval. (Attachment 2)
8.4 Keswick Estates Utilities, LLC Application for a
Certification of Public Convenience and Necessity.
ADOPTED Resolution Approving Keswick
Utility, Inc.’s Application to Obtain a Certificate
of Convenience and Necessity from the SCC
to allow more than fifty customer connections
to the existing central systems, provided that
the additional connections do not create a
need to expand the existing central systems.
Clerk: Forward copy of adopted
resolution to David Benish and
County Attorney’s office.
(Attachment 3)
8.5 Lewis and Clark Exploratory Center Funding.
(Moved to Item 19a on regular agenda)
9. Calendar Year 2013 Tax Rate Resolution.
By a vote of 4:2(Boyd/Thomas) ADOPTED
resolution.
Clerk: Forward copy of adopted
resolution to OMB, Finance and
County Attorney’s office.
(Attachment 4)
Listen
10. Adoption of the FY 13/14 Operating and Capital
Budgets.
By a vote of 4:2(Boyd/Thomas) ADOPTED
resolution.
Clerk: Forward copy of adopted
resolution to OMB, Finance and
County Attorney’s office.
(Attachment 5)
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11. ZTA-2010-00004. Industrial Uses (deferred from
March 13, 2013).
12. ZTA-2010-00013. Industrial Uses in Commercial
Districts (deferred from March 13, 2013).
DIRECTED, by a vote of 5:1(Boyd) staff to
move forward with the proposed ordinance,
with a vesting date of April 3, 2014. (Note:
This item was brought back and voted on at
the end of the meeting.)
Listen
13. Overview of Virginia Tourism Development
Financing Program.
RECEIVED.
Staff to come back with potential tourism
infrastructure opportunities/deficiencies.
Lee Catlin: Proceed as directed.
Listen
14. Telecommunications Network Upgrade.
RECEIVED.
Listen
15. Closed Meeting.
At 12:29 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 in which there are pending
vacancies or requests for reappointments;
under Subsection (7) to consult with legal
counsel and staff regarding specific legal
matters requiring legal advice relating to the
negotiation of an agreement for implementing a
cooperative cost recovery program for
emergency service transports; under
Subsection (7) to consult with and be briefed
by legal counsel and staff regarding the Sequel
Investors Limited Partnership litigation and the
Glenmore litigation because a public
discussion would adversely affect the litigating
posture of the County; under Subsection (7) to
consult with and be briefed by legal counsel
and staff regarding probable litigation
concerning thirteen retired employee’s
compensation claims because a public
discussion would adversely affect the litigating
posture of the County; and under Subsection
(7) to discuss with legal counsel and staff a
specific legal matter requiring legal advice
regarding employment issues relating to
volunteer firefighters.
Listen
16. Certified Closed Meeting.
At 2:06 p.m., the Board reconvened into open
meeting and certified the closed meeting.
17. Boards and Commissions: Appointments.
REAPPOINTED Mr. David Shreve to the
Charlottesville Albemarle Regional
Transportation (CHART) Advisory Committee,
with said term to expire April 3, 2016.
APPOINTED Ms. Jennifer Lafferty More to the
Crozet Community Advisory Council, with said
term to expire March 31, 2015.
APPOINTED Mr. Richard Randolph to the
Rivanna River Basin Commission, with said
term to expire April 30, 2017.
APPOINTED Ms. Linda Porterfield to the
Clerk: Prepare appointment/
reappointment letters, update
Boards and Commissions book,
webpage, and notify appropriate
persons.
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Village of Rivanna Community Advisory
Council, with said term to expire March 31,
2015.
NonAgenda. Resolution, No Reconsideration of
Claims Denied on June 2, 2010.
By a vote of 6:0, ADOPTED resolution.
Clerk: Forward copy of adopted
resolution to County Attorney’s
office. (Attachment 6)
18. SP-2012-00031. Verizon Wireless “Eastham”
Fox Property Tier III Personal Wireless Service
Facility (Sign # 74).
By a vote of 6:0, APPROVED SP-2012-00031
subject to one condition.
By a vote of 6:0, APPROVED the special
exception for modifications to Section
4.1.40(c)(3) and (d)(6).
Clerk: Set out condition of
approval. (Attachment 2)
Listen
19. FY 2013 Budget Amendment and Appropriations.
By a vote of 6:0, APPROVED the FY 2013
Budget Amendment in the amount of
$3,135,426.02 and APPROVED appropriations
#2013078, #2013079, #2013080, #2013082
and #2013084 to provide funds for various
local government projects and programs.
APPROVED appropriation #2013081 in the
amount of $1,969,331.81 for various school
projects and programs
Clerk: Notify OMB, Finance and
appropriate individuals of
approved appropriations.
Listen
19a. Lewis and Clark Exploratory Center Funding.
By a vote of 6:0, APPROVED an appropriation
of $130,000.00 (Appropriation 2013-083) to the
Economic Development Authority for the
purpose of funding a loan to the LCEC for
completion of the project and AUTHORIZED
the County Executive to sign an agreement
subject to the following: (1) an agreement
between the County and the EDA regarding
the EDA’s reimbursement of the funds to the
County when the LCEC repays the loan; (2) a
note or some other instrument acceptable to
the County Attorney by which the LCEC would
agree to repay the loan to the EDA within six
months; and (3) the City of Charlottesville
contributing or committing to contribute the
other $130,000 required to make up the
$260,000 shortfall.
OFD/County Attorney’s office:
Proceed as approve.
Listen
20. VDOT Quarterly Report, Joel DeNunzio.
Highlighted various items from VDoT’s monthly
report.
Asked Board members to contact him if they
notice any hazardous debris on the sides of
the roads from the March 6 snow storm.
Listen
21.
Update on Long Range Transportation Plan, Steve
Williams, TJPDC.
DISCUSSED.
Listen
22.
Community Health Improvement Plan, Lillian
Peake, Thomas Jefferson Health District.
Removed from agenda.
23. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
By a vote of 5:1 (Boyd) ADOPTED, ZTA-2010-
00004 with a vesting date of April 3, 2014.
By a vote of 6:0 ADOPTED, ZTA-2012-00013.
Duane Snow:
Clerk: Forward copies of adopted
ordinance to Community
Development and County
Attorney’s office. (Attachments 7
and 8)
Listen
5
Asked staff if it could provide a strike through
comparison of the draft Com Plan.
24. From the County Executive: Report on Matters
Not Listed on the Agenda.
Asked for clarity on the nine vouchers that
were approved for The Crossings at 4th &
Preston.
Announced that Board members will be
receiving a draft letter that will be sent to
Congressman Hurt on the HUD issue.
Asked for clarity on the distribution of the
money that was budgeted for historic
resources.
25. Adjourn to April 10, 2013, 4:00 p.m., Lane
Auditorium.
At 4:28 p.m., the Board adjourned until April
10, 2013.
ewj/tom
Attachment 1 – Proclamation recognizing Mothers Against Drunk Driving (MADD) April 21, 2013, as Power Talk
21 Day
Attachment 2 – Conditions of Approval
Attachment 3 – Resolution - Keswick Estates Utilities, LLC Application for a Certification of Public Convenience
and Necessity
Attachment 4 – Resolution - Calendar Year 2013 Tax Rates
Attachment 5 – Resolution - FY 13/14 Operating and Capital Budgets
Attachment 6 – Resolution – No Reconsideration of Claims denied on June 2, 2010
Attachment 7 – Ordinance No. 13-18(1) Industrial Uses
Attachment 8 – Ordinance No. 13-18(2) Industrial Uses in Commercial Districts
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ATTACHMENT 1
PROCLAMATION
WHEREAS, the County of Albemarle recognizes the importance of parents talking with their teens about
alcohol; and
WHEREAS, high school students who use alcohol or other substances are five times more likely to drop out of
school or believe good grades are not important; and
WHEREAS, teen alcohol use kills about 5,000 people each year, more than all other illegal drugs combined;
and
WHEREAS, the majority of kids say their parents are their primary influence when it comes to decisions about
drinking alcohol; and
WHEREAS, PowerTalk 21® day is established on April 21, 2013, to encourage parents and caregivers to
embrace their important role in influencing America’s youth and their decisions about drinking
alcohol; and
WHEREAS, to equip parents to talk with their teens about alcohol, Mothers Against Drunk Driving® (MADD)
will offer free community parent workshops to give parents the tools in a parent handbook to
effectively talk to their teens about alcohol; and
WHEREAS, these local parent workshops, also replicated across the country, will offer parents a research-
based parent handbook to help them talk with their teens about alcohol and encourage adults to
consider creating a safer community by becoming involved in reducing underage drinking; and
NOW, THEREFORE, BE IT RESOLVED, that I, Ann H. Mallek Chair, on behalf of the Board of Supervisors of
Albemarle, County, Virginia, do hereby proclaim
Sunday, April 21, 2013
as
PowerTalk 21® Day
in the County of Albemarle, Virginia, and urge all citi zens to join in the local and national efforts to
raise awareness of the importance of parents and teens talking together about alcohol in order to
reduce the risks and dangers posed to teens and communities.
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ATTACHMENT 2
CONDITIONS OF APPROVAL
SDP-2012-046. Cascadia Preliminary Site Plan, Variations #1-4 from ZMA-2002-004
VARIATION #1 - To Vary the Street Layout subject to the following condition:
1. Provide “Do Not Enter” and “One Way” signage for Backwater Alley.
VARIATION #2- To Allow Public Maintenance of Various Streets.
VARIATION #3 - To Allow Variations to the Front and Rear Yard Setbacks subject to the following
condition:
1. Maintain eighteen (18) feet from the garage to the edge of pavement from the road.
VARIATION #4- Vary the Street Sections for Delphi Drive and provide New Street Sections for the
Townhouse Lots.
_____
SP-2012-00031. Verizon Wireless “Eastham” Fox Property Tier III Personal Wireless Service Facility
(Sign # 74).
1. Development and use shall be in general accord with what is described in the applicant's request and site
plans, entitled “Eastham,” with a final zoning drawing submittal date of 11/06/12 (hereafter “Conceptual
Plan”), as determined by the Director of Planning and Zoning Administrator.
Minor modifications to the plan which do not conflict with the elements above may be made to ensure
compliance with the Zoning Ordinance.
Modifications to Sections 5.1.40(c)(3), and (d)(6):
1. Section 5.1.40(c)(3)-size of antenna
2. Section 5.1.40(d)(6)-height of the antenna in relation to the reference tree.
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ATTACHMENT 3
RESOLUTION TO APPROVE KESWICK ESTATES UTILITIES, LLC’S APPLICATION
FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
WHEREAS, Keswick Utility Company and Keswick Utilities, Inc. provided central water and sewer services
to fewer than 50 customers within the Keswick Real Estate Development (hereinafter, the “Development”) from
1993 until 2012; and
WHEREAS, the Board adopted a resolution in 1993 approving Keswick Utility Company’s application to
provide central water and sewer services within the Development and acknowledging that both central systems
would eventually serve 50 or more customers; and
WHEREAS, Keswick Utilities, Inc. applied to the Virginia State Corporation Commission (SCC) in 2010 for
a Certificate of Public Convenience and Necessity pursuant to Virginia Code § 56 -265.3 for approval to provide
water and sewer services to 50 or more customers; and
WHEREAS, the Board adopted a resolution in 2010 approving Keswick Utilities, Inc.’s application for a
Certificate of Public Convenience and Necessity to provide water and sewer services to 50 or more customers
within the Development with the understanding that the additional cust omers would not require the expansion of
either central system; and
WHEREAS, before Keswick Utilities, Inc.’s application was approved by the SCC, Keswick Utilities, Inc.
sold its assets to Keswick Estates Utilities, LLC, which was created in early 2012 t o provide central water and
sewer services within the Development; and
WHEREAS, because authorities for both water and sewer utilities have been created within Albemarle
County under Virginia Code § 15.2-5100 et seq., to provide water and sewer utilities, Virginia Code §§ 56-265.3(C)
requires that Keswick Estates Utilities, LLC’s application for a Certificate of Public Convenience and Necessity to
increase the number of customers it serves be approved by the Board of Supervisors before the SCC may hold a
public hearing on the application; and
WHEREAS, the SCC is requiring that the Board adopt a new resolution approving Keswick Estates
Utilities, LLC’s application for a Certificate of Public Convenience and Necessity to provide water and sewer
services to 50 or more customers within the Development before it will process the application.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby approves
Keswick Estates Utilities, LLC’s application for a Certificate of Public Conve nience and Necessity to provide water
and sewer services to 50 or more customers within the Keswick Real Estate Development.
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ATTACHMENT 4
RESOLUTION TO SET
CALENDAR YEAR 2013 TAX RATES
BE IT RESOLVED that the Board of Supervisors of Albemarle Count y, Virginia, does hereby set the
County Levy for Calendar Year 2013 for general County purposes at Seventy-Six and Six-Tenths Cents ($0.766)
on every One Hundred Dollars of assessed value of real estate; at Seventy-Six and Six-Tenths Cents ($0.766) on
every One Hundred Dollars of assessed value of manufactured homes; at Seventy-Six and Six-Tenths Cents
($0.766) on every One Hundred Dollars of assessed value of public service property; at Four Dollars and Twenty-
Eight Cents ($4.28) on every One Hundred Dollars of assessed value of personal property; and at Four Dollars
and Twenty-Eight Cents ($4.28) on every One Hundred Dollars of assessed value of machinery and tools; and
FURTHER orders that the Director of Finance of Albemarle County assess and collect th e taxes on all
taxable real estate and all taxable personal property.
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ATTACHMENT 5
FY 2013/2014
BUDGET RESOLUTION
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia:
1) That the budget for the County for the Fiscal Year beginning July 1, 2013 is made up of the County
Executive’s Recommended Budget document and the amendments made by the Board of Supervisors,
including the revised Financial Management Policies.
2) That the budget for the County for the Fiscal Year beginning July 1, 2013 is summarized as follows:
FY 13/14 Adopted
Administration $11,056,304
Judicial 4,197,135
Public Safety 34,709,613
General Services 3,820,244
Human Development (including PVCC)15,505,964
Parks, Recreation, and Culture 6,391,303
Community Development 6,299,971
Other General Government 2,332,390
General Government Special Revenue Funds 16,439,695
General Government Capital Projects 8,624,719
General Government Debt Service 4,094,923
Stormwater Improvements 391,445
Education - School Operations and Self-Sustaining Funds 168,228,920
Education - Capital Projects 10,722,904
Education - Debt Service 12,704,060
City/County Revenue Sharing 16,931,333
TOTAL $322,450,923
3) That the budget for the County for the Fiscal Year beginning July 1, 2013 as described in 1) and 2) above
is approved.
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ATTACHMENT 6
RESOLUTION
NO RECONSIDERATION OF CLAIMS DENIED ON JUNE 2, 2010
WHEREAS, the Board of Supervisors of Albemarle County has received a letter dated March 22, 2013,
from David Thomas representing thirteen retired employees (hereafter, “Claimants”) on compensation claims
previously presented to the Board in 2010 and disallowed by the Board by a Resolution adopted June 2, 2010; and
WHEREAS, the claims were fully considered and disallowed by the Board on June 2, 2010; and
WHEREAS, the claims were not appealed as required by Virginia Code § 15.2 -1246 after written notice of
the disallowance was given to the Claimants; and
WHEREAS, the attempted appeal of the disallowance of the claims was dismissed with prejudice by the
Virginia Supreme Court; and
WHEREAS, the Board does not consent to any action by the Claimants against the Cou nty; and
WHEREAS, pursuant to Virginia Code § 15.2-1247, the disallowance of the claims is final and not
appealable.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County hereby
declines to reconsider the claims of Cindy Camir and, Larry Claytor, Roger Craig, Glenn Fink, Juanita Irvine, Ron
Kesner, George Noteman, Janet Pandy, Michael Schnur, Patty Jo Scites, John Shepherd, James Shifflett, and
Bruce Woodzell previously presented to the Board in 2010 and disallowed by the Board by a Resolution adopted
June 2, 2010.
BE IT FURTHER RESOLVED that the Board of Supervisors does not consent to any action by the
Claimants against the County.
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ATTACHMENT 7
ORDINANCE NO. 13-18(1)
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 1 8, 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. 4.14.5 Certified engineer’s report
Sec. 5.1.10 Junk yards
Sec. 8.5.5.2 Review of site plans and subdivision plats
Sec. 26.1 Intent, where permitted
Sec. 27.1 Intent, where permitted
Sec. 27.2 Permitted uses
Sec. 28.1 Intent, where permitted
Sec. 28.2 Permitted uses
Sec. 29.1 Intent, where permitted
Sec. 29.2 Permitted uses
By Amending and Renaming:
Sec. 5.1.15 Sawmills, temporary or permanent, planing mills and wood yards
Sec. 5.1.20 Sale or storage of petroleum products, including kerosene, gasoline, and heating oil
Sec. 5.1.21 On-site dwellings and sleeping quarters accessory to commercial and industrial uses
Sec. 5.1.31 Automobile or truck repair shops, body shops, motorcycle and off -road vehicle sales and service
shops, and public garages
By Amending, Renumbering and Renaming:
Old New Heading
Sec. 26.3 Sec. 26.2 Permitted primary and accessory uses and structures; prohibited uses and
structures
Sec. 26.6 Sec. 26.4 Structure height and setback
Sec. 26.10 Sec. 26.5 Minimum yards
Sec. 27.4 Sec. 27.3 Structure height, yard, setback, development, use
Sec. 28.4 Sec. 28.3 Structure height, yard, setback, development, use
Sec. 29.5 Sec. 29.3 Structure height, yard, setback, development, use
By Adding:
Sec. 26.3 Independent office and general commercial uses; additional factors when considering special use
permits
Sec. 5.1.49 Dry cleaning plants
Sec. 5.1.50 Foundries
Sec. 5.1.51 Outdoor activities
Sec. 5.1.52 Outdoor storage
Sec. 5.1.53 Rendering facilities
Sec. 5.1.54 Slaughterhouses
Sec. 5.1.55 Tire recycling yards
Sec. 26.6 Site development and use
By Repealing:
Sec. 26.2 Application
Sec. 26.4 Standard ratios
Sec. 26.5 Off-street parking and loading requirements
Sec. 26.7 Performance standards
Sec. 26.8 Sign regulations
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Sec. 26.9 Minimum landscaped area
Sec. 26.11 Utility requirements
Sec. 26.12 Site planning – external relationships
Sec. 26.12.1 Vehicular access
Sec. 26.13 Building separation
Sec. 27.2.1 By right
Sec. 27.2.2 By special use permit
Sec. 27.3 Minimum area required for establishment of district
Sec. 28.2.1 By right
Sec. 28.2.2 By special use permit
Sec. 28.3 Minimum area required for establishment of district
Sec. 29.2.1 By right – Category I
Sec. 29.2.2 By special use permit – Category I
Sec. 29.2.3 By right – Category II
Sec. 29.2.4 By special use permit – Category II
Sec. 29.3 Minimum area required for creation of district
Sec. 29.4 Number of permitted uses
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
. . .
Data center: A facility used to house computer systems and associated components, such as telecommunications
and storage systems and which may include redundant or backup power supplies, redundant data communications
connections, environmental controls such as air conditioning or fire suppression, and security devices.
Data processing facility: Facilities where electronic data is processed by employees including, but not limited to,
data entry, storage, conversion or analysis, subscription and credit card transaction processing, telephone sales
and order collection, mail order and catalog sales, and mailing list preparation.
. . .
Energy and communications transmission facilities: Electrical power substations, transmission lines and related
towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange
centers, micro-wave and radio-wave transmission and relay towers, substations and appurtenances; but excluding
personal wireless service facilities.
. . .
Independent offices: In the industrial districts, offices that are not “industrial offices.”
. . .
Industrial offices: Offices that are owned and operated by the same business entity engaged in a Laboratories/
Research and Development/Experimental Testing, Manufacturing/Processing/Assembly/Fabrication/ Recycling, or
a Storage/Warehousing/Distribution/Transportation use located in Albemarle County or the City of Charlottesville,
where the offices provide services to the industrial use but which need not be on the same site as the industrial
use. For the purposes of this definition, “Offices that are owned and operated by the same business entity” does
not mean offices that are part of an entity that is in an affiliated business entity relationship or a parent -subsidiary
relationship with the entity engaged in the industrial use.
. . .
Laboratories/Research and Development/Experimental Testing: Scientific research, testing, investigation or
experimentation, the development of prototype products, and/or the as sembly or manufacture of prototype
products and including, but not limited to, bioscience and medical devices research, development and
manufacturing, and information technology and defense security research, development and manufacturing;
scientific or technical instruction.
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. . .
Manufacturing/Processing/Assembly/Fabrication/Recycling : The processing and/or converting of goods, materials
or products; the assembly of components, pieces or subassemblies into articles or substances of different
character, or for use for a different purpose.
. . .
Outdoor: Either outside a structure, or inside a structure that has open windows, doors or other openings so as to
allow the activity inside the structure to be visible or audible outside the structure.
. . .
Public uses: Public uses, buildings and structures including, but not limited to, schools, offices, parks, playgrounds
and roads funded, owned or operated by local, state or federal agencies and including temporary or mobile
facilities for these purposes; public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and similar facilities owned and/or operated by the Rivanna Water and Sewer Authority (reference
5.1.12).
. . .
Recycling collection station: A facility providing designated containers for the collection, sorting, and temporary
storage of recoverable resources such as paper, glass, metal, and plastic products until they are transported to a
recycling process center or to another location.
. . .
Recycling processing center: A facility to recycle, process, or treat recoverable resources such as paper, glass,
metal, and plastic products in order to return them to a condition in which they can be reused for production .
. . .
Storage/Warehousing/Distribution/Transportation: An establishment used primarily for the safekeeping, selling or
transferring of saleable goods or raw materials to be incorporated into saleable goods including, but not limited to,
storage facilities, call centers, data processing facilitie s or transit; an establishment used as a privately owned and
operated waste transfer station; and towing services and the storage of vehicles in conjunction with that service.
. . .
Subordinate retail sales: The retail sale of products of a Laboratories/Research and Development/Experimental
Testing, Manufacturing/Processing/Assembly/Fabrication/ Recycling, or a Storage/Warehousing/
Distribution/Transportation use that is located on the same site as the industrial use.
. . .
Supporting commercial uses: A retail or office use within an industrial district that is subordinate to and which
primarily serves Laboratories/Research and Development/Experimental Testing, Manufacturing/Processing/
Assembly/Fabrication/ Recycling, or Storage/Warehousing/Distribution/Transportation uses or their employees
including, but not limited to, restaurants such as sandwich shops, beauty salons, banks, day care centers, copy
centers, private parcel shipping and delivery services, courier services, printing services, cleaners, commercial
truck repair, financial services, accounting services, human resources services, employment services, and
temporary employment services.
. . .
Water, sewer, energy and communications distribution facilities: Facilities that are: (i) electric, gas, oil and
communication facilities, including their monopoles, lines, transformers, pipes, meters and related facilities for
distribution of local service and owned and operated by a public utility, but excluding their towers and excluding
personal wireless service facilities; (ii) water distribution and sewer collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority; or (iii) central water supplies and
15
central sewage systems in conformance with ch apter 16 and all other applicable law, except as otherwise
expressly provided.
Article II. Basic Regulations
Sec. 4.14.5 Certified engineer’s report
Prior to the issuance of a zoning clearance or approval of a final site plan, each prospective occupant of a use of
an industrial character shall submit a certified engineer’s report as follows, except as provided in subsection (c):
a. Contents. Each certified engineer’s report shall include the following information unless the county
engineer determines that any such information is not necessary:
1. Nature of the operation. A description of the proposed operation, including all machines,
processes, and products.
2. Emissions and discharges. The identification of all by-products or wastes, stating the expected
levels of emissions or discharges to land, air, and/or water of any liquid, solid or gas, and the
emission of electrical impulses and sound under normal operations.
3. Control of emissions and discharges. Descriptions and specifications as to how emissions and
discharges will be treated and the equipment and practices that will be used to control emissions
and discharges.
4. Other information. Any state or federal permits, readings, measurements, plans or documentation
necessary to demonstrate that the proposed use will comply with this chapter, other requirements
of the Code and all applicable state and federal laws, including but not limited to those pertaining
to the following:
(a) Air emissions. Air emissions subject to the applicable regulations of the State Air Pollution
Control Board and the Virginia Department of Environmental Quality.
(b) Water discharges. Water discharges subject to the applicable regulations of the State
Water Control Board and the Virginia Department of Environmental Quality.
(c) Radioactive materials and radiation emissions. Radioactive materials used in conjunction
with, and radiation emissions from, a use that is subject to the applicable regulations of the
State Board of Health and all applicable requirements arising from all agreements
between the Commonwealth of Virginia and the United States of America, and any
department or agency thereof, pertaining to radioactive materials or radiation emissions,
and all interstate compacts pertaining to radioactive materials or radiation emissions to
which the Commonwealth of Virginia is a party. Any radioactivity or radiation that would
adversely affect the navigation or control of aircraft shall comply with the current
regulations of the Federal Aviation Administration.
(d) Flammable, hazardous and explosive materials. Flammable, hazardous and explosive
materials used in conjunction with a use shall comply with the applicable requirements of
the county fire marshal and the Virginia Department of Environmental Quality.
(e) Disposal of waste and spill containment. The disposal of waste and the containment of
spills in conjunction with a use shall comply with the applicable requirements of the county
fire marshal. Any use required by section 5 to provide a waste management plan shall
provide a plan that demonstrates that waste will be disposed of only in strict compliance
with state and federal regulations.
(f) Mosquito control plan. Any use required by section 5 to provide a mosquito control plan
shall provide a plan that demonstrates how mosquitoes will be controlled.
b. Review of report. The certified engineer’s report shall be reviewed by the county engineer, who shall
inform the zoning administrator as to whether the proposed use complies with the performance standards
in sections 4.14 through 4.14.5. If a site plan is required, the county engineer shall review the report and
16
inform the commission or the agent prior to action on the preliminary site plan as to whether the proposed
use complies with the performance standards in sections 4.14 through 4.14.5.
c. Document in lieu of certified engineer’s report. In lieu of a certified engineer’s report, the county engineer
may allow a prospective occupant of a use of an industrial character to submit a docume nt that describes
the processes and activities of the proposed use and addresses the performance standards in sections
4.14 through 4.14.5. A document in lieu of a certified engineer’s report: (i) is appropriate for those uses of
an industrial character that are determined by the county engineer to be low impact; (ii) may be in the form
of a letter, or in any other form acceptable to the county engineer, signed by the prospective occupant or
its representative; and (iii) shall be reviewed by the county eng ineer, who shall inform the zoning
administrator as to whether the proposed use complies with the performance standards in sections 4.14
through 4.14.5.
(§4.14.8, 12-10-80; 9-9-92; § 4.14.5, Ord. 11-18(8), 8-3-11)
Sec. 5.1.10 Junk yards
Each junk yard shall be subject to the following:
a. All storage and operational areas shall be enclosed by a solid, light-tight, sightly fence not less than eight
(8) feet in height or alternative screening and/or fencing satisfactory to the zoning administrator.
b. Any storage area and the site’s access to a public road shall be maintained in a dust -free surface.
Sec. 5.1.15 Sawmill, temporary or permanent, planing mills and wood yards
Each temporary or permanent sawmill, planing mill and wood yard shall be subject to the following: (Added 10-3-
01)
a. No structure and no storage of lumber, logs, chips or timber shall be located closer than one hundred (100)
feet to any lot line. Trees and vegetation within the one hundred (100) foot setback shall be maintained a s a
buffer to abutting properties and uses, provided that during the last three months of operation the trees may
be removed.
b. No saw, planer, chipper, conveyor, chute or other similar machinery shall be located closer than six
hundred (600) feet from any dwelling on any lot other than the lot on which the sawmill, planing mill or
wood yard is located.
c. No machinery used for sawing, planing, chipping or other wood processing shall operate between 7:00 p.m.
and 7:00 a.m. No wood or wood products shall be loaded or unloaded between 12:00 midnight and 7:00
a.m.
d. All timbering and milling operations, including reforestation/restoration and the disposal of snags, sawdust
and other debris, shall be conducted in accordance with Title 10.1 of the Virginia Code and the regulations
of the Virginia Department of Forestry. (Amended 10-3-01)
(§ 5.1.15, 12-10-80; Ord. 01-18(6), 10-3-01)
Sec. 5.1.20 Sale or storage of petroleum products, including kerosene, gasoline, and heating oil
The sale or storage of petroleum products, including kerosene, gasoline, and heating oil, in excess of six hundred
(600) gallons shall be subject to the following:
a. The sale or storage of the petroleum products shall satisfy the requirements established by the fire
prevention code of the National Board of Fire Underwriters and the latest edition of the “Flammable and
Combustible Liquids Code, NEPA 30” of the National Fire Prevention Association,
b. No storage tanks and loading facilities shall be located closer than one hundred (100) feet from any lot
line.
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Sec. 5.1.21 On-site dwellings and sleeping quarters accessory to commercial and industrial uses
Each on-site dwelling or sleeping quarters that is accessory to a commercial or industrial use shall be subject to
the following:
a. Dwellings and sleeping quarters may be occupied only by owners or employees of the establishments,
including on-site security officers, scientists and lab technicians.
b. Any dwelling may be detached from the establishment to which it pertains or within the same structure as
the establishment, subject to Albemarle County building official and fire official approvals.
c. Any sleeping quarters shall be located within the primary structure and shall be subordinate to the primary
use.
d. Not more than one (1) dwelling unit or sleeping quarters shall be permitted per establishment.
e. No manufactured home shall be permitted as a dwelling unit for a period in excess of six (6) months.
(Added 3-17-82) (Amended 4-17-85)
Sec. 5.1.31 Automobile or truck repair shops, body shops, motorcycle and off -road vehicle sales and
service shops, and public garages
Each automobile or truck repair shop, body shop, motorcycle and off -road vehicle sales and service shop, and
public garage shall be subject to the following:
a. All parts, materials and equipment shall be stored within an enclosed building.
b. No vehicle awaiting repair shall be located on any portion of the site so as to be visible from any public
street or any residential property, and shall be limited to locations designated on the approved site plan.
c. All services shall be performed within an enclosed building.
d. No buildings in which services are performed shall be located closer than fifty (50) feet from any residential
or agricultural district.
Sec. 5.1.49 Dry cleaning plants
Each dry cleaning plant shall be subject to the following:
a. The use of perchloroethylene is prohibited.
b. The use of petroleum solvents is prohibited.
Sec. 5.1.50 Foundries
Each foundry shall be subject to the following:
a. The outdoor production, processing, or repair of equipment shall be located no closer than three hundred
(300) feet from any residential or agricultural district. The distance shall be measured from the closest
edge of the outdoor production, processing, or repair area to the boundary of the residential or agricultural
district.
b. No outdoor activity, including the location of internal access roads, shall be established, conducted or
used within one hundred (100) feet of a residential or agricultural district.
c. No activity shall be conducted outdoors between 7:00 p.m. and 7:00 a.m.
Sec. 5.1.51 Outdoor activities in industrial districts
Except as otherwise expressly permitted for a particular use, each use permitted by right o r by special use permit
in an industrial district shall be subject to the following:
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a. All manufacturing, compounding, assembling, processing, packaging, or other industrial or business
activity shall be conducted within a completely enclosed building.
b. No outdoor activity, including the location of internal access roads, shall be established, conducted or
used within one hundred (100) feet of a residential or agricultural district.
c. No activity shall be conducted outdoors between 7:00 p.m. and 7:00 a.m.
Sec. 5.1.52 Outdoor storage in industrial districts
Except as otherwise expressly permitted for a particular use, the outdoor storage of parts, materials and equipment
in an industrial district shall be subject to the following:
a. Storage areas shall be screened by a solid wall or fence, including solid entrance and exit gates, not less
than seven (7) feet nor more than ten (10) feet in height.
b. No wall or fence screening a storage area shall encroach into a sight distance triangle.
c. The parts, materials and equipment stored in a storage area shall not be stacked higher than the
screening wall or fence.
d. No outdoor storage shall be located within fifty (50) feet of a residential or agricultural district.
e. The outdoor storage of recyclable materials at a recycling collection or recycling processing center is
prohibited.
Sec. 5.1.53 Rendering facilities
Each rendering facility shall be subject to the following:
a. The use may be established and maintained only on a site that is at least five (5) acres in size.
b. In the light industry (LI) district, no building or parking area shall be located within three hundred (300) feet
of any residential or agricultural district. In the heavy industry (HI) district, no building or parkin g area shall
be located within two hundred fifty (250) feet of any residential or agricultural district.
c. No building shall be located within one thousand (1,000) feet of any school at the time the rendering facility
is established.
d. The certified engineer’s report required by section 4.15 shall include a detailed waste management plan
satisfying the requirements of that section.
e. The outdoor storage of offal, dead animals or portions thereof, meat wastes, blood, tankage or any
putrescible organic matter is prohibited.
Sec. 5.1.54 Slaughterhouses
Each slaughterhouse shall be subject to the following:
a. The gross floor area of the building shall not exceed four thousand (4,000) square feet.
b. The use may be established and maintained only on a site that is at least three (3) acres in size.
c. In the light industry (LI) district, no building or parking area shall be located within two hundred (200) feet of
any residential or agricultural district. In the heavy industry (HI) district, no build ing or parking area shall be
located within one hundred fifty (150) feet of any residential or agricultural district.
d. No building shall be located within one thousand (1,000) feet of any school at the time the slaughterhouse
is established.
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e. Outdoor holding pens for animals are prohibited.
f. The certified engineer’s report required by section 4.15 shall include a detailed waste management plan
satisfying the requirements of that section.
Sec. 5.1.55 Tire recycling yards
Each tire recycling yard shall be subject to the following:
a. Tire storage piles are permitted as follows:
1. The site may have up to four (4) tire storage piles in which unchipped or unshredded tires may be
stored.
2. No storage pile shall be more than one hundred (100) feet in width or depth nor taller than twelve
(12) feet unless a larger or taller storage pile is permitted by the fire official.
3. Each tire storage pile shall be surrounded by containment berms as required by the fire official.
4. Tires stored in a storage pile shall be laced.
b. Tires that are not stored in a storage pile shall be chipped or shredded before they may be stored onsite.
c. Storage piles and all other outdoor storage (“storage areas”) are subject to the following:
1. Storage areas shall be screened by a solid wall or fence, including solid entrance and exit gates,
not less than seven (7) feet nor more than twelve (12) feet in height.
2. No wall or fence screening a storage area shall encroach into a sight distance triangle.
3. Tires stored in a storage area shall not be stacked higher than the screening wall or fence.
4. No storage area shall be located within fifty (50) feet of a residential or agricultural district.
d. The certified engineer’s report required by section 4.15 shall include a mosquito control plan satisfying the
requirements of that section.
e. Appropriate firefighting apparatus, water supply, and foam suppressant shall be available on the site, and
they shall be of a type and in quantities required by the fire of ficial.
f. Twenty-four (24) hour on-site caretaker(s) trained by the local fire district to provide security and first-line
firefighting shall be provided or, in the alternative, a twenty-four (24) hour surveillance and alarm system
approved by the fire official may be used if the tire recycling yard is served by a continuously manned fire
station.
g. The site shall have paved or hard-surfaced fire access lanes and cleared areas around the exterior of the
storage area and in between individual tire storage piles. The fire access lanes and cleared areas shall be
established and maintained to the standards required by the fire official.
Article III. District Regulations
Sec. 8.5.5.2 Review of site plans and subdivision plats
Each preliminary and final site plan and subdivision plat for a planned development shall be reviewed for
compliance with the applicable regulations, as follows:
a. Planned development districts established on or before December 10, 1980 . Each preliminary and final
site plan and subdivision plat within a planned development district established on or before December 10,
1980 shall be reviewed for compliance with the applicable regulations when the site plan or subdivision
plat is under county review; provided that, at the option of the developer or subdivider, each preliminary
and final site plan and subdivision plat may be reviewed for compliance with the applicable regulations in
20
effect when the planned development was approved if the developer or subdivider establishes a vested
right as provided in Virginia Code §§ 15.2-2296 et seq. or 15.2-2307 to develop under the previously
approved planned development district.
b. Planned development districts established after December 10, 1980. Each preliminary and final site plan
and subdivision plat within a planned development district established after December 10, 1980 shall be
reviewed for compliance with the applicable regulations in effect when the planned development district
was established or, at the option of the developer or subdivider, in effect when the site plan or subdivision
plat is under county review; subject to the following:
1. Election to comply with regulations in effect when district established; exception for certain current
subjects of regulation unless vested rights established. If the developer or subdivider elects to
have its site plan or subdivision plat reviewed for compliance with the applicable regulations in
effect when the planned development district was established, all of the following subjects of
regulation in effect when the site plan or subdivision plat is under county review shall apply unless
vested rights are established under Virginia Code §§ 15.2-2296 et seq. or 15.2-2307: (i) entrance
corridor overlay district (section 30.6); (ii) flood hazard overlay district (section 30.3); (iii)
landscaping and screening (section 32.7.9); (iv) outdoor lighting (section 4.17); (v) parking (section
4.12); and (vi) signs (section 4.15). If rights are determined to have vested, the regulations for
these six subjects in effect when rights vested shall apply. For the purposes of this subsection
8.5.5.2(b), an application plan approved on and after March 19, 2003 that complies with the
requirements of an application plan under section 33.4, or a prior version ther eof in effect on and
after March 19, 2003, is a significant governmental act within the meaning of Virginia Code § 15.2-
2307.
2. Election to comply with regulations in effect when district established; election to comply with
certain current subjects of regulation. If the developer or subdivider elects to have its site plan or
subdivision plat reviewed for compliance with the applicable regulations in effect when the planned
development district was established, the developer or subdivider may also elect to comply with
one or more of the subjects of regulation listed in subsection 8.5.5.2(b)(1) in effect when the site
plan or subdivision plat is under county review instead of with the corresponding regulations in
effect when the planned development district was established.
c. Review for compliance and conformance. A site plan or subdivision plat shall be reviewed to determine
whether it complies with the applicable regulations and other requirements of law, and whether it conforms
to the application plan, as follows:
1. Zoning administrator. The zoning administrator shall determine whether a site plan or subdivision
plat complies with the applicable regulations. In addition, the zoning administrator, after
consultation with the director of planning, shall determine whether the proposed permitted uses
comply with the applicable regulations and, in doing so, may permit as a use by right a use that is
not expressly classified in this chapter if the zoning administrator further determines that the use is
similar in general character to the uses permitted by right in the district or by the code of
development and is similar in terms of locational requirements, operational characteristics, visual
impacts, and traffic, noise and odor generation.
2. Director of planning. The director of planning shall determine whether a site plan or subdivision
plat conforms to the application plan. In determining conformity, the director shall determine
whether the central features or major elements within the development are in the same location as
shown on the application plan and if the buildings, parking, streets, blocks, paths and other design
elements are of the same general character, scope and scale as shown on the application plan.
3. County engineer. The county engineer shall determine whether an erosion and sediment control
plan, grading plan, stormwater management plan, road or street plan, and mitigation plan conform
with the concept grading, stormwater management, streets, and mitigation shown on the
application plan.
d. Applicable regulations defined. For the purposes of this section 8.5.5.2, the term “applicable regulations”
means, as appropriate and applicable, all zoning regulations, all subdivision regulations, the application
plan (except for those elements authorized to be shown at a conceptual or general level), including those
21
plans formerly referred to as general development plans, conditions of approval, accepted proffers, the
code of development, special use permits, variances, and waivers, modifications and variations.
e. Applicability of chapter 17. Each preliminary and final site plan and subdivision plat within a planned
development district shall be reviewed for compliance with chapter 17 of the Code in effect when the site
plan or subdivision plat is under county review, regardless of when the planned development was
established or whether the developer or subdivider elects, or establishes vested rights, under subsections
8.5.5.2(a) and (b) to proceed with review under the applicable regulations in effect when the planned
development was approved.
f. Vested rights not impaired. Nothing in this section shall be construed as authorizing the impairment of a
vested right that may be established under Virginia Code §§ 15.2-2261(C), 15.2-2297, 15.2-2298, 15.2-
2303 or 15.2-2307.
(§ 8.5.6.2, 12-10-80; 9-9-92; § 8.5.5.2, Ord. 03-18(2), 3-19-03; Ord. 09-18(9), 10-14-09)
Section 26
Industrial Districts -- Generally
Sec. 26.1 Intent, where permitted
Industrial districts are intended to be for the purpose of providing places of employment and strengthening the local
economic base in furtherance of the economic development policy of the comprehensive plan. To this end, the
following shall be encouraged: (i) the establishment and continuation of industrial uses and their supporting uses in
the locations and at the levels of intensity designated for those uses in the comprehensive plan; (ii) the
establishment of new industrial uses that are appropriate for the character of the industrial dis tricts; and (iii) the
enlargement and expansion of existing industrial uses.
Industrial districts are intended to be established in areas having all of the following characteristics: (i) the area is
served by public water and sewer facilities; (ii) the area is served by major highway, rail or air service, or
secondary roads improved to standards approved by the county; and (iii) the area is clearly demonstrated to be
suitable for the intended uses, considering the physical characteristics of the land and the intended uses and their
relationship to surrounding development.
Sec. 26.2 Permitted primary and accessory uses and structures; prohibited uses and structures
Uses and structures within the industrial districts are permitted as follows:
a. Primary uses and structures. Primary uses and structures within the industrial districts are permitted by
right, by special use permit, and by special exception as provided in the following table, subject to the
applicable requirements of this chapter:
Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
Manufacturing/Processing/Assembly/Fabrication/Recycling* BR BR BR BR
Asphalt mixing plants. N SP N SP
Brick manufacturing, distribution. SP BR SP BR
Cement, lime gypsum manufacture or processing. N SP N SP
Chemical, plastics manufacture or processing. SP SP SP SP
Dry cleaning plants (reference 5.1.49). SP BR SP BR
Foundries (reference 5.1.50). N SP N SP
Inorganic fertilizer manufacture or processing. N SP N SP
22
Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
Materials recovery facilities, privately owned and operated. SP BR SP BR
Organic fertilizer manufacture or processing. SP BR SP BR
Petroleum, gasoline, natural gas and manufactured gas bulk storage
(reference 5.1.20). SP BR SP BR
Petroleum refining, including by-products (reference 5.1.20). N SP N SP
Pulp or paper manufacture or processing. N SP N SP
Recycling processing center. SP BR SP BR
Rendering plants (reference 5.1.53). SP BR SP BR
Sawmills, temporary or permanent; planing mills; wood yards (reference
5.1.15). SP BR SP BR
Storage/Warehousing/Distribution/Transportation* BR BR BR BR
Airports. SP SP SP SP
Heavy equipment and heavy vehicle parking and storage yards. SP BR SP BR
Heliports (reference 5.1.01). SP SP SP SP
Helistops (reference 5.1.01). SP SP SP SP
Junk yards (reference 5.1.10). N SP N SP
Warehouse facilities where there may be the storage of gasoline, kerosene
or other volatile materials, dynamite blasting caps and other explosives,
pesticides and poisons, and other materials which may be hazardous to life
in the event of accident.
SP BR SP BR
Wholesale businesses where there may be the storage of gasoline,
kerosene or other volatile materials, dynamite blasting caps and other
explosives, pesticides and poisons, and other materials which may be
hazardous to life in the event of accident.
SP BR SP BR
Laboratories/Research and Development/Experimental Testing BR BR BR BR
Offices**
Independent offices; within structure existing or vested on or before April 3,
2014. BR BR BR BR
Independent offices; within structure not establish ed or not vested until after
April 3, 2014. SP SP SP SP
Independent offices; within expanded portion of structure where expansion
not established or not vested until after April 3, 2014. SP SP SP SP
Industrial offices. BR BR BR BR
Public Uses, Utilities and Services, and Telecommunications Uses**
Energy and communications transmission facilities (reference 5.1.12). SP SP SP SP
Fire, ambulance and rescue squad stations (reference 5.1.09). BR BR BR BR
Personal wireless service facilities, Tier I (reference 5.1.40). BR BR BR BR
23
Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
Personal wireless service facilities, Tier II (reference 5.1.40). BR BR BR BR
Personal wireless service facilities, Tier III (reference 5.1.40). SP SP SP SP
Public uses (reference 5.1.12). BR BR BR BR
Stormwater management facilities shown on an approved final site plan or
subdivision plat. BR BR BR BR
Water, sewer, energy, communications distribution facilities (reference
5.1.12). BR BR BR BR
Temporary Uses**
Temporary construction headquarters (reference 5.1.18). BR BR BR BR
Temporary construction storage yards (reference 5.1.18). BR BR BR BR
Temporary events sponsored by local nonprofit organizations (reference
5.1.27). SP SP SP SP
Temporary nonresidential mobile homes (reference 5.8). BR BR BR BR
Commercial Uses**
Uses permitted by right or by special use permit in the Commercial (C -1),
Commercial Office (CO) and Highway Commercial (HC) districts
(collectively, “general commercial uses” as used in section 26.3) not
otherwise expressly authorized by this section either by right or by special
use permit; within structure existing or vested on April 3, 2013.
SP SP SP SP
Farmers’ markets conducted in a permanent structure established after May
5, 2010 (reference 5.1.47). SP SP SP SP
Farmers’ markets conducted outdoors or within a temporary or a permanent
structure existing on May 5, 2010 (reference 5.1.47). BR BR BR BR
Hotels, motels, inns. SP SP SP SP
Outdoor storage, display and/or sales serving or associated with a permitted
use, other than a residential, agricultural or forestal use, any portion of which
would be visible from a street within the entrance corridor overlay district to
which it is contiguous or from any other street within the entrance corridor
overlay district which is located within five hundred (500) feet; provided that
review shall be limited to determining whether the outdoor storage, display
and/or sales is consistent with the applicable design guidelines.
SP SP SP SP
Subordinate retail sales for any use permitted by right; use does not exceed
25% of the gross floor area of the primary industrial use. BR BR BR BR
Subordinate retail sales for any use permitted by right; use exceeds 25% of
the gross floor area of the primary industrial use. SE SE SE SE
Supporting commercial; use does not exceed 25% of the gross floor area of
the freestanding building or multiple buildings on an industrial site. BR BR BR BR
Supporting commercial; use exceeds 25% of the gross floor area of the
freestanding building or multiple buildings on an industrial site. SE SE SE SE
Parking**
Parking structures, as part of an occupied structure (reference 4.12, 5.1.41). BR BR BR BR
Parking structures, stand alone (reference 4.12, 5.1.41). SP SP SP SP
24
Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
Parking area, stand alone (reference 4.12, 5.1.41). SP SP SP SP
Uses Not Served By Public Water or Public Sewer**
Uses permitted by right in the Light Industry (LI) or Heavy Industry (HI)
districts, not served by public sewer, involving anticipated discharge of
sewage other than domestic wastes.
SP SP SP SP
Uses permitted by right in the Light Industry (LI) or Heavy Industry (HI)
districts, not served by public water, involving water consumption exceeding
four hundred (400) gallons per site acre per day.
SP SP SP SP
Miscellaneous
Dwellings and sleeping quarters, on-site (reference 5.1.21). BR BR BR BR
Fill areas (reference 5.1.28) BR BR BR BR
Waste areas (reference 5.1.28) BR BR BR BR
*Applies to all uses within this use classification, as defined, except for those uses expressly identified in unshaded
text below that use classification.
**Heading is for organizational purposes only and is not a use classification.
BR: The use is permitted by right.
SP: The use is permitted by special use permit.
SE: The use is permitted by special exception.
N: The use is not permitted.
b. Planned industrial parks and proffered industrial districts approved prior to April 3, 2013.
Within the following planned industrial parks and proffered industrial districts, the uses permitted by right,
by special use permit, and by special exception shall be as follows:
1. Uses in planned industrial parks. The uses permitted by right and by special use permit in any
planned development -industrial park (PD-IP) district approved prior to April 3, 2013, any industrial
park approved as a planned development prior to December 10, 1980, are those uses permitted
by right and by special use permit in effect when the zoning map amendment was approved and
those uses delineated in subsection (a), regardless of any election made for a planned
development district under subsections 8.5.5.2(a) and (b).
2. Uses in proffered industrial districts. The uses permitted by right and by special use permit on any
site within an industrial district for which proffers either specifying or prohibiting particular uses
were accepted prior to April 3, 2013, are those uses permitted by right and by special use permit in
effect when the zoning map amendment was approved and those uses delineated in subsection
(a), provided that any use not allowed by right or by special use permit by a proffer shall be
prohibited.
3. Certain non-industrial uses in planned industrial parks and proffered industrial districts . In the
planned industrial parks and proffered industrial districts delineated in subsections (b)(1) and (2),
no supporting retail sales or subordinate commercial use that would exceed the by right thresholds
in subsection (a) shall be expanded without a special exception as required by subsection (a).
c. Accessory uses and structures. Accessory uses and structures are permitted within each industrial district,
subject to the following:
1. When accessory use is permitted. No accessory use is permitted until the primary use to which it
is accessory has been established.
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2. When accessory structure is permitted. No accessory structure is permitted until either
construction of the primary structure or the primary use to which it is accessory has commenced.
3. Prohibited accessory uses and structures. Parking structures, stand alone parking and drive-
through windows are permitted only as provided in subsection (a) and not otherwise as accessory
uses. The storage of sludge or toxic wastes, or both, is prohibited as an accessory use; provided
that the temporary storage of sludge or toxic wastes awaiting proper disposal is a permitted
accessory use.
d. Prohibited primary uses and structures. The following uses and structures are prohibited as primary uses
within each industrial district:
1. Incinerators. The establishment or use of an incinerator.
2. Manufacture of certain products. The manufacture of acetylene gas, acid, ammonia, bleaching
powder, chlorine, detergent and cleaning preparations made from animal fats, explosives,
fireworks, fish meal, nitrogenous tankage, paints, varnish, shellac that requires distilla tion or
heating ingredients, vinegar that is not derived from an agricultural product, phosphates, and
turpentine.
3. Sludge. The storage of sludge.
4. Toxic wastes. The disposal or storage of toxic wastes regulated under the federal Toxic
Substances Control Act (15 U.S.C. § 2601 et seq.), provided that placing toxic wastes for their
lawful collection and disposal by a third party is not prohibited.
Sec. 26.3 Independent office and general commercial uses; additional factors when considering special
use permits
In evaluating a request for a special use permit for an independent office or general commercial use as that use is
described in section 26.2, the board shall consider the following factors in addition to those delineated in section
33.8:
a. The purpose of the industrial district in which the use is proposed.
b. The proposed use and its proposed size should be consistent with the intent of the applicable industrial
district.
c. The use proposed should not be located on the lowest floor of an y building having direct exterior access to
the ground surface in order to allow that floor to be used for industrial purposes.
d. The gross floor area of each establishment should not exceed three thousand (3,000) square feet.
e. The aggregate gross floor area of the independent offices or general commercial uses, or both, should not
exceed twenty-four thousand (24,000) square feet and should not exceed twenty-five (25) percent of the
gross floor area of the building.
f. Whether the structure or structure expansion will be constructed to the standards required for industrial
structures, regardless of its intended use.
(Amended 11-7-84)
Sec. 26.4 Structure height and setback
The maximum structure height and minimum setback for structures exceeding thirty-five (35) feet in height in the
industrial districts are as follows:
a. Maximum height. Except as otherwise provided in section 4.10, structures may be erected to a height not
to exceed sixty-five (65) feet.
26
b. Minimum setback. Any structure exceeding thirty-five (35) feet in height shall be set back from any street
right-of-way or residential or agricultural district a distance of not less than two (2) feet for each one (1) foot
of height in excess of thirty-five (35) feet plus the applicable minimum yard. (Amended 9-9-92)
Sec. 26.5 Minimum yards
The minimum yard requirements in the industrial districts are as follows:
a. Adjacent to public streets. No portion of any structure, excluding signs, shall be located within fifty (50)
feet of any public street right-of-way. No portion of any off-street parking or loading space shall be located
within ten (10) feet of any public street right-of-way. (Amended 7-10-85; 7-8-92)
b. Adjacent to district other than commercial or industrial district. No portion of any structure, excluding signs,
shall be located within fifty (50) feet of any district other than a commercial or industrial district and no
portion of any off-street parking space shall be located within thirty (30) feet of any district other than a
commercial or industrial district. In the heavy industry (HI) district, no portion of any structure, excluding
signs, shall be located within one hundred (100) feet of any district other than a commercial or industrial
district and no portion of any off-street parking shall be located within thirty (30) feet of any district other
than a commercial or industrial district. (Amended 7- 10-85; 7-8-92)
c. Buffer adjacent to district other than commercial or industrial district. No construction activity, including
grading or clearing vegetation (collectively, “disturbance”), shall occur within thirty (30) feet of any district
other than a commercial or industrial district except in the following circumstances: (i) adequate landscape
screening does not currently exist and disturbance is necessary to install screening that meets or exceeds
the screening requirements in section 32.7.9; (ii) an arborist or landscape architect certifies that trees in
the buffer are dying, diseased or will constitute a fall hazard and must be removed; (iii) the county engineer
determines that disturbance is necessary in order to address an existing drainage problem; or (iv)
disturbance will result in improved screening through the use of a berm, a retaining wall or similar phys ical
modification or improvement. When disturbance is allowed under subsection (i), (ii), (iii) or (iv), the
developer shall submit an illustration showing the existing screening without disturbance and the screening
that would be installed after the disturbance, and disturbance shall be allowed only if the screening
installed after the disturbance is equal to or exceeds the screening existing prior to disturbance. (Amended
9-9-92)
d. Special exception to disturb buffer abutting district other than a commercial or industrial district. The board
of supervisors may authorize a disturbance in the buffer required to be maintained under subsection (c) by
special exception. The board shall consider whether disturbance is necessary or would result in an
improved site design, provided that: (i) minimum screening requirements are met; and (ii) existing
landscaping in excess of minimum requirements is substantially restored. (Added 7-10-85)
(12-10-80, §§ 26.10, 26.10.1, 26.10.2, 26.10.3; 7-10-85, 7-8-92, 9-9-92; Ord. 09-18(1), 1-14-09, §26.10)
Sec. 26.6 Site development and use
Subject to sections 26.4 and 26.5, each site within an industrial district shall comply with the applicable site
development and use requirements in sections 4, 5 and 32.
Section 27
Light Industry – LI
Sec. 27.1 Intent, where permitted
The intent of the light industry (LI) district is to permit industrial and supporting uses that are compatible with, and
do not detract from, surrounding districts.
Structures within the light industry (LI) district are encouraged to be constructed to the standards required for
industrial structures, regardless of their intended use.
Sec. 27.2 Permitted uses
27
The uses permitted by right, by special use permit and by special exception in the light indus try (LI) district are set
forth in “LI” column in the table in section 26.2.
Sec. 27.3 Structure height, yard, setback, development, use
The structure height, yard, setback, development and use standards in sections 26.4, 26.5 and 26.6, and the
sections cross-referenced therein, shall apply to all light industry (LI) districts.
Section 28
Heavy Industry – HI
Sec. 28.1 Intent, where permitted
The intent of the heavy industry (HI) district is to permit industrial and supporting uses having the potenti al, if
unregulated, to cause public nuisances and therefore requiring enhanced performance standards and review for
their impacts on surrounding lands and the environment.
Structures within the heavy industry (HI) district are encouraged to be constructed to the standards required for
industrial structures, regardless of their intended use.
Sec. 28.2 Permitted uses
The uses permitted by right, by special use permit and by special exception in the heavy industry (HI) district are
set forth in “HI” column in the table in section 26.2.
Sec. 28.3 Structure height, setback, yard, development, use
The structure height, yard, setback, development, and use standards in sections 26.4, 26.5 and 26.6, and the
sections cross-referenced therein, shall apply to all heavy industry (HI) districts.
Section 29
Planned Development – Industrial Park – PD-IP
Sec. 29.1 Intent, where permitted
The intent of the planned development – industrial park (PD-IP) district is to permit a variety of industrial and
supporting uses, together with delineated uses that are ancillary thereto, within a planned development that are
compatible with and do not detract either from each other or surrounding districts. In establishing a planned
development – industrial park (PD-IP) district, the board of supervisors shall designate the category of uses in
section 29.2 that will be permitted on each parcel, or part thereof, within the district.
Structures within the planned development – industrial park (PD-IP) district are encouraged to be constructed to
the standards required for industrial structures, regardless of their intended use.
Sec. 29.2 Permitted uses
The uses permitted by right, by special use permit and by special exception within those areas designated as
Category I or Category II on the application plan applicable to the planned development – industrial park (PD-IP)
district are set forth in the “PD-IP Cat. 1” and PD-IP Cat. 2” columns in the table in section 26.2. No separate
application for a special use permit shall be required for any special use identified on the approved application
plan.
Sec. 29.3 Structure height, setback, yard, development, use
The structure height, yard, setback, development, and use standards in sections 26.4, 26.5 and 26.6, and the
sections cross-referenced therein, shall apply to all planned development – industrial park (PD-IP) districts.
(12-10-80; Ord. 98-A(1), 8-5-98; Ord. 99-18(1), 4-14-99)
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ATTACHMENT 8
ORDINANCE NO. 13-18(2)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, 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, and Article III, District Regulations, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 20.3.1 By right
Sec. 20.3.2 By special use permit
Sec. 20A.6 Permitted uses
Sec. 20B.2 Permitted uses
Sec. 22.2.1 By right
Sec. 22.2.2 By special use permit
Sec. 23.2.1 By right
Sec. 23.2.2 By special use permit
Sec. 24.2.1 By right
Sec. 24.2.2 By special use permit
Sec. 25.2.1 By right
Sec. 25.2.2 By special use permit
Sec. 25A.2.1 By right
Sec. 25A.2.2 By special use permit
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
. . .
Drive-through Window: An accessory facility designed to provide access to commercial products and/or services
for customers remaining in their motor vehicle, provided that this term does not include providing services to
customers remaining in their motor vehicle while it is parked in a parking space. (Added 11 -7-84)
. . .
Establishment: A public or private institution or a place of business.
. . .
Article III. District Regulations
Sec. 20.3.1 By right
The following uses shall be permitted subject to the requirements and limitations of this chapter:
1. Detached single-family dwellings.
2. Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes,
townhouses, atrium houses and patio houses provided that density is maintained, and provided further
that buildings are located so that each unit could be provided with a lot meeting all other requirements
for detached single-family dwellings except for side yards at the common wall.
29
3. Multiple-family dwellings.
4. (Repealed 9-2-81)
5. Parks, playgrounds, community centers and noncommercial recreational and cultural facilities such as
tennis courts, swimming pools, game room s, libraries and the like.
6. Water, sewer, energy and communications distribution facilities. (Amended 5-12-93)
7. Public uses (reference 5.1.12). (Amended 11-1-89)
8. Temporary construction headquarters and temporary construction storage yards (refe rence 5.1.18).
9. Accessory uses and structures including home occupation, Class A (reference 5.2) and storage
buildings.
10. Group homes (reference 5.1.07).
11. Stormwater management facilities shown on an approved final site plan or subdivision plat.(Added 10-
9-02)
12. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
(§ 20-20.3.1, 12-10-80; 9-2-81; 11-1-89; 5-12-93; Ord 02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04)
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: (Amended 5-5-10)
1. Day care, child care or nursery facility (reference 5.1.06).
2. Fire, ambulance and rescue squad stations (reference 5.1.09).
3. Rest home, nursing home, convalescent home, orphanage or similar institution (reference 5.1.13).
4. Energy and communications transmission facilities (reference 5.1.12).
5. Home occupation, Class B (reference 5.2).
6. Churches. (Added 9-2-81)
7. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84; Amended 2-5-
03)
8. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
9. Farmers’ markets (Added 5-5-10)
(§ 20-20.3.2, 12-10-80; 9-2-81; 11-7-84; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04; Ord. 10-18(4), 5-5-10)
Sec. 20A.6 Permitted uses
The following uses shall be permitted in an NMD, 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 expr essly 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):
30
1. Each use allowed by right or by special use permit in any other zoning distri ct, except for those
uses allowed only by special use permit delineated in subsections 20A.6(b)(2) and (b)(3); provided
that the use is identified in the approved code of development.
2. Water, sewer, energy and communications distribution facilities.
3. Accessory uses and buildings including storage buildings.
4. Home occupation, Class A, where the district includes residential uses.
5. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
6. Public uses (reference 5.1.12).
7. Tourist lodgings, where the district includes residential uses.
8. Group homes, where the district includes residential uses.
9. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
10. Farmers’ markets (reference 5.1.47). (Added 5-5-10)
b. By special use permit. The following uses are permitted by special use permit if the use is expressly
identified as use permitted by special use permit in the code of development:
1. Each use allowed by right or by special use permit in any other zoning district.
2. Drive-through windows.
3. Outdoor storage, display and/or sales serving or associated with a by right permitted use, if any
portion of the use would be visible from a travelway.
(Ord. 03-18(2), 3-19-03; Ord 04-18(2), 10-13-04; Ord. 09-18(9), 10-14-09; Ord. 10-18(4), 5-5-10)
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:
1. Antique, gift, jewelry, notion and craft shops.
2. Automobile, truck repair shops excluding body shops.
3. Barber, beauty shops.
4. Clothing, apparel and shoe shops.
5. Commercial recreation establishments including, but not limited to, amusement centers, bowling
alleys, pool halls and dance halls.
6. Convalescent homes (reference 5.1.13).
7. Convenience stores.
8. Department stores.
9. Drug stores, pharmacies.
10. Factory outlet stores, clothing and fabric.
31
11. Farmers’ markets (reference 5.1.47). (Amended 5-5-10)
12. Feed and seed stores (reference 5.1.22).
13. Financial institutions.
14. Fire extinguisher and security products sales and service.
15. Florists.
16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
17. Funeral homes.
18. Furniture and home appliances sales and service.
19. Hardware stores.
20. Health spas.
21. Hotels, motels and inns.
22. Indoor athletic facilities.
23. Laboratories, medical or pharmaceutical.
24. Laundries, dry cleaners.
25. Musical instrument sales and repair.
26. New automotive parts sales.
27. Newspaper publishing.
28. Newsstands, magazines, pipe and tobacco shops.
29. Nursing homes (reference 5.1.13).
30. Office and business machines sales and service.
31. Optical goods sales and service.
32. Photographic goods sales and service.
33. Research and development activities, including experimental testing, subject to the performance
standards stated in section 4.14 of this chapter.
34. Restaurants.
35. Retail nurseries and greenhouses.
36. Service stations.
37. Sporting goods sales.
38. Tailors and seamstresses.
39. Temporary construction headquarters and tem porary construction storage yards (reference
5.1.18).
32
40. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
41. Tourist lodging.
42. Visual and audio appliances.
B. By right uses; office. The following office uses are permitted by right:
1. Offices.
2. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
C. By right uses; public and civic. The following public and civic uses are permitted by right:
1. Churches.
2. Clubs, lodges (reference 5.1.02).
3. Conference centers, outdoor auditoriums, public art or kiosks.
4. Cultural arts centers.
5. Day care centers (reference 5.1.06).
6. Water, sewer, energy and communications distribution facilities.
7. Fire, ambulance and rescue squad stations (reference 5.1.09).
8 Libraries.
9. Outdoor performance areas.
10. Parking structures and stand alone parking structures (reference 4.12 and 5.1.41).
11. Private schools.
12. Public uses (reference 5.1.12).
13. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
14. Theaters, live and movie, including multi-screen movie theaters.
D. By right uses; residential. The following residential uses are permitted by right, provided that the first
floor of the building in which the residential use exists is designed for and occupied only by a use
permitted by subsections 20B.2(A), (B), (C) or (E):
1. Apartments, either as a single-family dwelling or as a multiple-family dwelling.
2. Attached single-family dwellings such as townhouses.
3. Boarding houses.
4. Condominiums.
5. Group homes (reference 5.1.07).
6. Tourist lodging within detached single-family dwellings existing on June 4, 2008.
33
7. Dwellings occupied by the owner or employees of a permitted commercial use, and their families
(reference 5.1.21).
E. By special use permit. The following uses are permitted by special use permit:
1. Body shops (reference 5.1.31).
2. Buildings more than fifty (50) feet or four stories in height, up to s eventy (70) feet or six (6) stories
in height, provided the increased height allows the provision of a demonstrated public benefit, such
as providing affordable housing or parking.
3. Buildings one story in height.
4. Car washes.
5. Compounding of drugs, including biological products, medical and chemical as well as
pharmaceutical.
6. Detached single-family dwelling, provided that there is no other use permitted by subsections
20B.2(A), (B), (C) or (E) on the same lot.
7. Drive-through windows.
8. Energy and communications transmission facilities (reference 5.1.12).
9. Hospitals.
10. Manufacturing, processing, fabricating, assembling, and distributing products including, but not
limited to:
-Artists’ supplies and equipment.
-Business, office machines and equipment.
-Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap.
-Drafting supplies and equipment.
-Electrical lighting and wiring equipment.
-Electrical and electronic equipment and components including radio, telephone, computer,
communication equipment, TV receiving sets, phonographs.
-Food products, such as bakery goods, dairy products, candy, beverages, including bottling plants.
-Gifts, novelties including pottery, figurines and similar ceramic products .
-Glass products made of purchased glass.
-Industrial controls.
-Jewelry, silverware.
-Light machinery and machine parts, including electrical household appliances but not
including such things as clothes washers, dryers and refrigerators.
-Musical instruments.
-Paper products such as die-cut paperboard and cardboard, sanitary paper products, bags and
containers.
-Photographic equipment and supplies including processing and developing plant.
34
-Rubber, metal stamps.
-Small electrical parts such as coils, condensers, transformers, crystal holders.
-Surgical, medical and dental instruments and supplies.
-Toys, sporting and athletic equipment, except firearms, ammunition or fireworks.
-Watches, clocks and similar timing devices.
-Wood cabinets and furniture, upholstery.
11. Publishing, printing, lithography and engraving, including but not limited to newspapers, periodicals
and books.
12. Preparation of printing plates including typesetting, etching and engraving.
13. Stand-alone parking (reference 4.12).
14. Storage yards.
15. Tier III personal wireless service facilities (reference 5.1.40).
16. Towing and storage of motor vehicles (reference 5.1.32).
17. Veterinary offices and animal hospitals.
F. Accessory uses and structures. Accessory uses and structures are permitted, including but not limited
to: (i) home occupations, Class A and Class B (reference 5.2) for primary residential uses; (ii) storage
buildings for primary residential and non-residential uses; (iii) outdoor performance areas for primary
cultural arts center uses; and (iv) prototype manufacturing for research and development uses.
(Ord. 08-18(3), 6-11-08; Ord. 10-18(4), 5-5-10)
Sec. 22.2.1 By right
The following uses shall be permitted in any 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 b e 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 g enerally
provided in section 34.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, pharmacy.
5. Florist.
6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
7. Furniture and home appliances (sales and service).
8. Hardware store.
35
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14. Sporting goods.
15. Retail nurseries and greenhouses.
16. Farmers’ markets (reference 5.1.47). (Added 5-5-10)
17. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the
establishment may exceed 4,000 square feet per site by special exception approved by the board
of supervisors.
18. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of the
establishment may exceed 4,000 square feet per site by special exception approved b y the board
of supervisors.
b. The following services and public establishments:
1. Administrative, professional offices.
2. Barber, beauty shops.
3. Churches, cemeteries.
4. Clubs, lodges (reference 5.1.02).
5. Financial institutions.
6. Fire and rescue squad stations (reference 5.1.09).
7. Funeral homes.
8. Health spas.
9. Indoor theaters.
10. Laundries, dry cleaners.
11. Laundromat (provided that an attendant shall be on duty at all hours during operation).
12. Libraries, museums.
13. Nurseries, day care centers (reference 5.1.06).
14. Eating establishments.
15. Tailor, seamstress.
16. Automobile service stations (reference 5.1.20).
36
17. Water, sewer, energy and communications distribution facilities. (Amended 5-2-93)
18. Public uses (reference 5.1.12). (Amended 11-1-9)
19. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
20. Dwellings (reference 5.1.21).
21. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92)
22. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
23. Indoor athletic facilities. (Added 9-15-93)
24. (Repealed 5-5-10)
25. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
26. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10 -13-04)
(§ 20-22.2.1, 12-10-80; 6-3-81; 3-5-86; 9-9-92; 5-2-93; 9-14-93; 10-11-95; Ord. 02-18(6), 10-9-02; Ord. 04-18(2),
10-13-04; Ord. 10-18(4), 5-5-10)
Sec. 22.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors:
1. Commercial recreation establishments including but not limited to amusement centers, bowling alleys,
pool halls and dance halls. (Amended 1-1-83)
2. Energy and communications transmission facilities.
3. Hospitals.
4. Fast food restaurant.
5. Veterinary office and hospital (reference 5.1.11).
6. Unless such uses are otherwise provided in this section, uses permitted in s ection 18.0, residential -
R-15, in compliance with regulations set forth therein.
7. Hotels, motels and inns.
8. Motor vehicle sales and rental in communities and the urban area as designated in the comprehensive
plan. (Added 6-1-83)
9. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84; Amended 2-5-
03)
10. Drive-through windows. (Added 11-7-84; Amended 9-9-92)
11. Uses permitted by right, not served by public water, involving water consumption exceeding four
hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer,
involving anticipated discharge of sewage other than domestic wastes. (Added 6 -14-89)
12. Body shop. (Added 9-9-92)
13. Animal shelter (reference 5.1.11). (Added 6-16-99).
37
14. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
15. Storage/Warehousing/Distribution/Transportation.
(§ 20-22.2.2, 12-10-80; 1-1-83; 6-1-83; 11-7-84; 6-14-89; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04)
Sec. 23.2.1 By right
The following uses shall be permitted in the CO district, subject to the applicable requirements of this chapter:
1. Administrative and business offices.
2. Professional offices, including medical, dental and optical.
3. Financial institutions.
4. Churches, cemeteries.
5. Libraries, museums.
6. Accessory uses and structures incidental to the principal uses provided herein. The aggregate of all
accessory uses shall not occupy more than twenty (20) percent of the floor a rea of the buildings on the
site. The following accessory uses shall be permitted:
-Eating establishments;
-Newsstands;
-Establishments for the sale of office supplies and service of office equipment;
-Data processing services;
-Central reproduction and mailing services and the like;
-Ethical pharmacies, laboratories and establishments for the production, fitting and/or sale of optical or
prosthetic appliances on sites containing medical, dental or optical offices;
-(Repealed 3-17-82)
-Sale/service of goods associated with the principal use such as, but not limited to: musical
instruments, musical scores, text books, artist's supplies and dancing shoes and apparel;
(Added 12-3-86)
-Barber shops; (Added 8-5-09)
-Beauty shops. (Added 8-5-09)
7. Water, sewer, energy and communications distribution facilities. (Amended 5-12-93)
8. Public uses (reference 5.1.12). (Amended 11-1-89)
9. Temporary construction headquarters and temporary construction storage yards (reference 5.1.18).
10. Dwellings (reference 5.1.21). (Added 3-17-82)
11. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
12. Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92)
13. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-01)
38
14. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10 -13-04)
15. Farmers’ markets (reference 5.1.47). (Added 5-5-10)
16. Laboratories/Research and Development/Experimental Testing; gross floor area of the establishment
does not exceed 4,000 square feet per site; provided that the gross floor area of the establishment
may exceed 4,000 square feet per site by special exception approved by the board of superviso rs.
(§ 20-23.2.1, 12-10-80; 3-17-82; 3-5-86; 12-3-86; 11-1-89; 9-9-92; 5-12-93; Ord. 01-18(6), 10-9-01 ; Ord. 04-18(2),
10-13-04; Ord. 09-18(6), 8-5-09; Ord. 10-18(4), 5-5-10)
Sec. 23.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors:
1. Hospitals.
2. Funeral homes.
3. Energy and communications transmission facilities.
4. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84; Amended 2-5-
03)
5. Drive-through windows (Added 11-7-84)
6. School of special instruction. (Added 1-1-87)
7. Clubs, lodges (reference 5.1.2). (Added 1-1-87)
8. Uses permitted by right, not served by public water, involving water consumption exceeding four
hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer,
involving anticipated discharge of sewage other than domestic wastes. (Added 6 -14-89)
9. Unless such uses are otherwise provided in this section, uses permitted in sect ion 18.0, residential R-
15. in compliance with regulations set forth therein. (Added 6-19-91)
10. Hotels, motels and inns (reference 9.0). (Added 6-19-91)
11. Supporting commercial uses (reference 9.0). (Added 6-19-91)
12. Research and development activities including experimental testing. (Added 6-19-91)
13. Laboratories, medical or pharmaceutical. (Added 6-10-92)
14. Indoor athletic facilities. (Added 9-15-93)
15. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
16. Storage/Warehousing/Distribution/Transportation.
17. Manufacturing/Processing/Assembly/Fabrication and Recycling.
(§ 20-23.2.2, 12-10-80; 11-7-84; 1-1-87; 6-14-89; 6-19-91; 6-10-92; 9-15-93; Ord. 03-18(1), 2-5-03; Ord. 04-18(2),
10-13-04)
Sec. 24.2.1 By right
The following uses shall be permitted in any 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
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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.
1. Automobile laundries.
2. Automobile, truck repair shops.
3. Automobile service stations (reference 5.1.20).
4. Building materials sales.
5. Churches, cemeteries.
6. Clubs, lodges (reference 5.1.02).
7. Convenience stores.
8. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
10. Feed and seed stores (reference 5.1.22).
11. Financial institutions.
12. Fire extinguisher and security products, sales and service.
13. Fire and rescue squad stations (reference 5.1.09).
14. Funeral homes.
15. Furniture stores.
16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine
and cheese shops.
17. Home and business services such as grounds care, cleaning, exterminators, landscaping and other
repair and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Mobile home and trailer sales and service.
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
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28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30. Eating establishment; fast food restaurants.
31. Retail nurseries and greenhouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).
34. Wholesale distribution.
35. Water, sewer, energy and communications distribution facilities. (Amended 5-12-93)
36. Public uses (reference 5.1.12). (Amended 11-1-89)
37. Temporary construction headquarters and temporary construction storage yards (reference 5.1.18).
38. Indoor theaters.
39. Heating oil sales and distribution (reference 5.1.20).
40. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-1. (Added 6-19-
91; Amended 9-9-92)
42. Indoor athletic facilities. (Added 9-15-93)
43. Farmers' market (reference 5.1.47). (Added 10-11-95; Amended 5-5-10)
44. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
45. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10 -13-04)
46. Storage yards. (Added 11-12-08)
47. Laboratories/Research and Development/Experimental Testing; gross floor area of the establishment
does not exceed 4,000 square feet per site; provided that the gross floor area of the establishment
may exceed 4,000 square feet per site by special exception approved by the board of supervisors.
48. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the establishment
does not exceed 4,000 square feet per site; provided that the gross floor area of the establishment
may exceed 4,000 square feet per site by special exception approved by the board of supervisors.
49. Storage/Warehousing/Distribution/Transportation; gross floor area of the establishment does not
exceed 4,000 square feet per site; provided that the gross floor area of the esta blishment may exceed
4,000 square feet per site by special exception approved by the board of supervisors.
(§ 20-24.2.1, 12-10-80; 6-3-81; 3-5-86; 11-1-89; 6-19-91; 9-9-92; 5-12-93; 9-15-93; 10-11-95; § 18-24.2.1, Ord. 98-
A(1), 8-5-98; Ord.02-18(6), 10-9-02; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 10-18(4), 5-5-10)
Sec. 24.2.2 By special use permit
The following uses shall be permitted by special use permit in the HC district:
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1. Commercial recreation establishment including but not limited to amusement centers, bowling alleys,
pool halls and dance halls. (Amended 1-1-83)
2. Septic tank sales and related service.
3. Livestock sales.
4. Veterinary office and hospital (reference 5.1.11).
5. Drive-in theaters (reference 5.1.08).
6. Energy and communications transmission facilities (reference 5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).
8. Auction houses.
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential -
R-15, in compliance with regulations set forth therein.
10. Commercial kennels - indoor only (reference 5.1.11). (Added 1- 1-83)
11. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84; Amended 2-5-
03)
12. Drive-through windows. (Added 11-7-84; Amended 9-9-92)
13. Uses permitted by right, not served by public water, involving water consumption exceeding four
hundred (400) gallons per site acre per day. Uses permitted by right, not served by public sewer,
involving anticipated discharge of sewage other than domestic wastes. (Added 6-14-89)
14. Warehouse facilities not permitted under section 24.2.1 (reference 9.0). (Added 6-19-91)
15. Animal shelter (reference 5.1.11). (Added 6-16-99)
16. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
17. Body shops. (Added 1-12-11)
(§ 20-24.2.2, 12-10-80; 1-1-83; 11-7-84; 6-14-89; 6-19-91; 9-9-92; § 18-24.2.2, Ord. 98-A(1), 8-5-98; Ord. 99-
18(4), 6-16-99; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 11-18(2), 1-12-11)
Sec. 25.2.1 By right
The following uses shall be permitted by right in the PD-SC district:
1. Uses permitted by right in the C-1, CO and HC districts, except for storage yards. Outdoor storage,
sales or display shall be permitted only when enclosed by appropriate visual screening. (Amended 11 -
12-08)
2. Water, sewer, energy and communications distribution facilities. (Amended 5-12-93)
3. Public uses (reference 5.1.12). (Amended 11-1-89)
4. Temporary construction headquarters and temporary construction storage yards (reference 5.1.18).
§ 20-25.2.1, 12-10-80; 11-1-89; 5-12-93; § 18-25.2.1, Ord. 98-A(1), 8-5-98; § 18-25.2.1, Ord. 98-A(1), 8-5-98; Ord.
08-18(6), 11-12-08)
Sec. 25.2.2 By special use permit
The following uses shall be permitted by special use permit in the PD -SC district:
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1. Commercial recreational establishment included but not limited to amusement centers, bowling alleys,
pool halls and dance halls. (Amended 1-1-83)
2. Energy and communications transmission facilities (reference 5.1.12).
3. Parking structures located wholly or partly above grade. (Added 11-7-84)
4. Drive-through windows. (Added 11-7-84; Amended 9-9-92)
5. Veterinary office and hospital (reference 5.1.11). (Added 11- 15-89)
6. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
7. Storage yards. (Added 11-12-08)
(§ 20-25.2.2, 12-10-80; 1-1-83; 11-7-84; 11-15-89; 9-9-92; § 18-25.2.2, Ord. 98-A(1), 8-5-98; Ord. 04-18(2), 10-13-
04; Ord. 08-18(6), 11-12-08)
Sec. 25A.2.1 By right
The following uses shall be permitted by right in the PD-MC district:
1. Uses permitted by right in the C-1, CO and HC districts, except for storage yards. Outdoor storage,
sales or display shall be permitted only when enclosed by appropriate visual screening. (Amended 11 -
12-08)
2. Water, sewer, energy and communications distribution facilities. (Amended 5-12-93)
3. Public uses (reference 5.1.12). (Amended 11-1-89)
4. Temporary construction headquarters and temporary construction storage yards (reference 5.1.18).
(§ 20-25A.2.1, 12-10-80; 11-1-89; 5-12-93; § 18-25A.2.1, Ord. 98-A(1), 8-5-98; Ord. 08-18(6), 11-12-08)