HomeMy WebLinkAbout2013-3-13Tentative
BOARD OF SUPERVISORS
T E N T A T I V E
MARCH 13, 2013
6:00 P.M. - AUDITORIUM
COUNTY OFFICE BUILDING
1. Call to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. Adoption of Final Agenda.
5. Brief Announcements by Board Members.
6. Recognitions:
a. Proclamation recognizing March 20 through March 24, 2013 as the 19th Annual
Virginia Festival of the
Book.
7. From the Public: Matters Not Listed for Public Hearing on the Agenda.
8. Consent Agenda (on next sheet).
PUBLIC HEARINGS:
9. To consider granting a water line easement to the Albemarle County Service Authority
across property owned by the County located on Berkmar Drive adjacent to Agnor-Hurt Elementary
School (Parcel 04500-00-00-09400). This easement is necessary for the replacement of a water
line along Berkmar Drive that provides water service to Greenfields Trailer Park.
10. ZTA-2010-00004. Industrial Uses. Amend Secs. 3.1, Definitions, 4.14.5, Certified
engineer’s report, 5.1.10, Junk yards, 5.1.15, Sawmill, temporary or permanent, 5.1.20, Sale and/or
storage of petroleum products including kerosene, gasoline, and heating oil, 5.1.21, Dwellings in
commercial and industrial districts, 5.1.31, Body shop, 8.5.5.2, Review of site plans and subdivision
plats, 26.1, Intent, where permitted, 26.3, Permitted and accessory uses and structures, 26.6,
Height regulations, 26.10, Minimum yards requirements, 27.1, Intent, where permitted, 27.2,
Permitted uses, 27.4, Additional requirement, 28.1, Intent, where permitted, 28.2, Permitted uses,
28.4, Additional requirements, 29.1, Intent, where permitted, 29.2, Permitted uses, 29.5, Additional
requirements; by adding Secs. 26.3 (renumbering current 26.3), Independent office and general
commercial uses; additional factors when considering special use permits; 5.1.49, Dry cleaning
plants, 5.1.50, Foundries, 5.1.51, Outdoor activities, 5.1.52, Outdoor storage, 5.1.53, Rendering
facilities, 5.1.54, Slaughterhouses, 5.1.55, Tire recycling yards, 26.6, Site development and use; and
by repealing Secs. 26.2, Application, 26.4, Standard ratios, 26.5, Off-street parking and loading
requirements, 26.7, Performance standards, 26.8, Sign regulations, 26.9, Minimum landscaped
area, 26.11, Utility requirements, 26.12, Site planning – external relationships, 26.12.1, Vehicular
access, 26.13, Building separation, 27.2.1, By right, 27.2.2, By special use permit, 27.3, Minimum
area required for establishment of district, 28.2.1, By right, 28.2.2, By special use permit, 28.3,
Minimum area required for establishment of district, 29.2.1, By right – Category I, 29.2.2, By special
use permit – Category I , 29.2.3, By right – Category II, 29.2.4, By special use permit – Category II,
29.3, Minimum area required for creation of district, 29.4, Number of permitted uses; of Chapter 18,
Zoning, of the Albemarle County Code. This ordinance would amend the regulations pertaining to
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Tentative
industrial uses by adding definitions pertaining to certain industrial and common use classifications
(3.1); amend the requirements for the certified engineer’s report (4.14.5); amend and add
supplemental regulations applicable to several uses that are industrial in character (5.1.10, 5.1.15,
5.1.20, 5.1.21, 5.1.31; 5.1.49, 5.1.50, 5.1.51, 5.1.52, 5.1.53, 5.1.54, 5.1.55); amend the regulations
for the review of site plans and subdivision plats within the PD-IP zoning district (8.5.5.2); and
amend the industrial zoning district regulations by revising each district’s stated intent, the uses
allowed by right and by special use permit, the area of certain uses allowed by right and by special
exception, the accessory uses allowed and prohibited, and other uses prohibited, by renumbering
and reorganizing those district regulations, and by repealing certain regulations (26.1 through 29.4).
11. ZTA-2012-00013. Industrial Uses in Commercial Districts. Amend Secs. 3.1,
Definitions, 20.3.1, By right, 20.3.2, By special use permit, 20A.6, Permitted uses, 20B.2, Permitted
uses, 22.2.1, By right, 22.2.2, By special use permit, 23.2.1, By right, 23.2.2, By special use permit,
24.2.1, By right, 24.2.2, By special use permit, 25.2.1, By right, 25.2.2, By special use permit,
25A.2.1, By right, 25A.2.2, By special use permit; of Chapter 18, Zoning, of the Albemarle County
Code. This ordinance would amend the regulations by updating terminology for several use
classifications in all of the above-referenced sections; deleting the “medical center” use classification
in the Downtown Crozet (20B.2) and Commercial (22.2.1) districts with the use to be absorbed into
the “office” or “hospital” classifications; adding Laboratories/Research and Development/
Experimental Testing and Manufacturing/Processing/Assembly/ Fabrication and Recycling as by
right uses up to 4000 sq. ft. and requiring a special exception to exceed 4000 sq. ft. (22.2.1) and
adding Storage/Warehousing/Distribution/Transportation as a special use (22.2.2) in the
Commercial district; adding Laboratories/Research and Development/Experimental Testing as a by
right use up to 4000 sq. ft. and requiring a special exception to exceed 4000 sq. ft. (23.2.1) and
adding Manufacturing/Processing/Assembly/ Fabrication and Recycling and Storage/Warehousing/
Distribution/ Transportation as special uses (23.2.2) in the Commercial Office district; and adding
Laboratories/Research and Development/Experimental Testing, Manufacturing/Processing/
Assembly/ Fabrication and Recycling and Storage/Warehousing/Distribution/Transportation as by
right uses up to 4000 sq. ft. and requiring a special exception to exceed 4000 sq. ft. (24.2.1) in the
Highway Commercial district. These uses would also be allowed in those planned districts (20A.6,
25.2.1, 25A.2.1 and 25A.2.2) that cross-reference uses allowed in the commercial districts.
12. From the Board: Committee Reports and Matters Not Listed on the Agenda.
13. From the County Executive: Report on Matters Not Listed on the Agenda.
14. Adjourn to March 27, 2013, 6:00 p.m., Auditorium.
CONSENT AGENDA
FOR APPROVAL:
8.1 Approval of Minutes:
8.2 SDP201200071 – Special Exception for Temporary Construction Yard.
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA201000004 Phase III Industrial Uses
SUBJECT/PROPOSAL/REQUEST:
Adoption of zoning text amendment pertaining to the
Industrial Zoning districts and the uses permitted
therein
STAFF CONTACT(S):
Messrs. Davis, Kamptner, Cilimberg and Newberry; and
Messes McCulley, Stimart, Baldwin and Burbage
PRESENTER (S): Mr. Wayne Cilimberg
LEGAL REVIEW: Yes
AGENDA DATE:
March 13, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
On December 5, 2012, the Board of Supervisors held a work session on this proposed zoning text amendment
intended to modernize regulations to provide greater flexibility for today’s industrial uses while preserving the integrity
of the industrial districts and accommodating target industries. In summary, the draft zoning text amendment reviewed
at that work session provided the following:
Definitions of several of the new uses proposed in the industrial districts to facilitate their understanding and
implementation (Sec. 3.1).
Further clarification of the information required in a certified engineer’s report based on the proposed uses
(Sec. 4.14.5).
Clarification and addition of supplemental regulations pertinent to certain proposed uses to address their
potential impacts on surrounding areas (Sec. 5.1).
Authorization of the proposed uses within the planned development industrial park zoning district (Sec.
8.5.5.2).
Clarification of the statement of intent for industrial districts (Sec. 26.1).
Delineation of permitted and prohibited uses and structures, including a table of industrial and non-industrial
uses allowed by-right, by special use permit and by special exception (Sec. 26.2).
Further clarification of structure height, setback (Sec. 26.3) and minimum yard (Sec. 26.4) standards to be
consistent with the terminology used elsewhere in the Zoning Ordinance.
After staff’s presentation, the Board agreed to proceed to public hearing, but requested that staff first address the
following:
Remove multi-family dwellings as a use permitted in industrial districts. Board members who spoke at
the work session stated that such residential uses were not appropriate in areas of industrial use and could
compete with industrial uses for available land.
More tightly define what constitutes supporting commercial and supporting office uses. Board
members who spoke at the work session stated that the ordinance did not clearly describe what type of
businesses would be “supporting.”
Further address allowances for independent offices and general commercial uses. Board members
who spoke raised concerns that the retention of independent offices and the introduction of general
commercial uses (i.e., uses allowed by-right or by special use permit in the commercial districts) were not
consistent with the Economic Vitality Action Plan’s intent to pursue “strategies to stop the conversion of
properties zoned light industry (LI) to commercial, office and other uses that are not “core” industrial uses.”
There was general acceptance by the Board to maintain an allowance for independent offices in existing
buildings, but not in building expansions and new buildings, except by special use permit. There also was
Board willingness to consider allowing general commercial uses in existing buildings only (not in building
expansions and new buildings), but only by special use permit. There was an interest in establishing
AGENDA TITLE: ZTA201000004 Phase III Industrial Uses
March 13, 2013
Page 2
limitations to the location and extent of allowed space for independent offices and general commercial uses
when permitted.
STRATEGIC PLAN:
3. Encourage a diverse and vibrant local economy.
DISCUSSION:
The revised ordinance (Attachment A), which addresses input provided by Board members at the December 5, 2012
work session, includes the following:
Multi-family dwellings have been removed as a proposed permitted use in the industrial districts.
“Supporting office” has been removed as a separate new use category and has been merged with the
“supporting commercial” use category. The definition of “supporting commercial” has been further clarified to
identify use types that would be within the definition (see Section 3.1 Definitions).
The regulation of “independent office” use has been clarified to allow the use by-right within structures existing
or vested on the date of adoption of this ordinance; by special use permit within structures not established or
not vested until after the date of adoption of this ordinance; and by special use permit within the expanded
portion of structures where expansion is not established or not vested until after the adoption date of this
ordinance (see Offices in Table under Section 26.2 a. Primary uses and structures). In addition, planned
development industrial parks are explicitly grandfathered for uses (such as independent office) permitted at
the time of their rezoning (see Section 26.2 b. Planned industrial parks approved on or before March 13,
2013)
The regulation of general commercial uses would be allowed by special use permit in the industrial districts
only within structures existing or vested on the date of adoption of this ordinance. They would not be
permitted in building expansions and new buildings (see Commercial Uses in Table under Section 26.2 a.
Primary uses and structures).
Special use permits for independent offices and general commercial uses would be evaluated for consistency
with specific factors, including: (1) the use should not be located on the lowest floor having exterior access (to
reserve this floor for industrial use); (2) the gross floor area of each establishment should not exceed 3,000
square feet (to limit the size of each non-industrial establishment); (3) the aggregate floor area of uses should
not exceed 24,000 square feet and should not exceed 25% of the total floor area (to limit aggregate area of
non-industrial uses); and, (4) whether the structure is constructed to building code standards for industrial
structures (to provide availability of appropriate building space for industrial use). (See Section 26.3
Independent offices and general commercial uses; additional factors when considering special use permits).
A comparison of current ordinance provisions to those proposed in both this ZTA and ZTA201200013 Industrial Uses
in Commercial Districts, which is concurrently before the Board of Supervisors, is provided in Attachment C. Several
sample use approval scenarios comparing current requirements to provisions under the proposed ordinances are
provided in Attachment D. In summary, as Attachments C and D indicate, these ordinances provide greater
opportunities for industrial uses to locate by-right on industrially zoned land. On-site subordinate retail sales of an
industrial use’s products and on-site commercial uses that directly support the industrial uses are also more
permissive (up to 25% of gross floor area by-right; over 25% by special exception). Office uses directly affiliated with
industries remain by-right, but independent offices are more restricted unless they are located in existing or vested
structures or are within a previously approved planned development industrial park under current or prior zoning
regulations. General commercial uses will be allowed when appropriate, but only in existing or vested structures with
an approved special use permit.
Paired with ZTA201200013 Industrial Uses in Commercial Districts, the amendments in this ordinance collectively
remove certain barriers and provide industrial uses, including the County’s target industries and smaller scale “Mom
and Pop” enterprises, greater location opportunities. Of particular note, small scale enterprises and “start-ups” are
typically less capable of absorbing higher costs for market-constricted available space and/or development review
fees/carrying costs associated with permit processing. The provisions in the proposed ordinance which allow a
broader range of by-right industrial uses help small scale enterprises by opening up spaces where such uses are
currently either not allowed or required to have a special use permit. This proposed ordinance also builds on prior
AGENDA TITLE: ZTA201000004 Phase III Industrial Uses
March 13, 2013
Page 3
zoning text amendments that liberalized allowances for Home Occupations in the Rural Areas, giving those that are
“cottage industries” more location alternatives for growth and expansion.
BUDGET IMPACT:
Categorized by-right industrial uses and greater definition of uses subject to special use permit and special
exception should reduce the staff time necessary to make determinations and administer the Zoning Ordinance.
The County’s tax base can also benefit from the expanded location opportunities for business and industry the
proposed ordinance provides.
RECOMMENDATIONS:
Staff recommends approval of ZTA201000004 Phase III Industrial Uses as presented in Attachment A.
ATTACHMENTS:
A – Proposed Ordinance Amendment
B – Proposed Ordinance Amendment – Compare
C – Current Ordinance vs. Proposed Ordinance Summary Table
D – Use Approval Comparison Flowcharts
E – December 11, 2012 Planning Commission staff report and attachments
1 – PC Work Session Executive summary
2 – Resolution of Intent
3 – Proposed Summary Table
4 – Draft Ordinance
F – December 11, 2012 Planning Commission minutes
Return to agenda
Attachment A
Draft: 02/26/13
1
ORDINANCE NO. 13-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE,
OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article I, General Provisions, Article II, Basic Regulations, Article III, District Regulations, and Article IV,
Procedure, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 4.14.5 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 and/or storage of petroleum products, including kerosene, gasoline, and heating oil
Sec. 5.1.21 Dwellings in commercial and industrial districts On-site dwellings and sleeping quarters
accessory to commercial and industrial uses
Sec. 5.1.31 Body shop 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 Height regulations Structure height and setback
Sec. 26.10 Sec. 26.5 Minimum yards requirements
Sec. 27.4 Sec. 27.3 Additional requirement Structure height, yard, setback, development, use
Sec. 28.4 Sec. 28.3 Additional requirements Structure height, yard, setback, development, use
Sec. 29.5 Sec. 29.3 Additional requirements 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
Attachment A
Draft: 02/26/13
2
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
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,
Attachment A
Draft: 02/26/13
3
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 affiliated with, or in a parent-subsidiary business relationship with, a
Laboratories/Research and Development/Experimental Testing, Manufacturing/Processing/Assembly/Fabrication/
Recycling, or a Storage/Warehousing/Distribution/Transportation use that is located in Albemarle County or the
City of Charlottesville, but which need not be on the same site as the industrial use.
. . .
Laboratories/Research and Development/Experimental Testing: Scientific research, testing, investigation or
experimentation, the development of prototype products, and/or the assembly 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.
. . .
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.
Attachment A
Draft: 02/26/13
4
. . .
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 facilities 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
central sewage systems in conformance with chapter 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
4.14.5(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.
Attachment A
Draft: 02/26/13
5
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
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 document 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
Attachment A
Draft: 02/26/13
6
prospective occupant or its representative; and (iii) 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.
(§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 commission; zoning
administrator.
b. Storage yards Any storage area and the site’s access to a public roads 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 as a
buffer to adjoining abutting properties and uses, provided that during the last three months of operation
such the trees may be removed;.
b. No saw, planer, chipper, conveyor, chute or other like similar machinery shall be located closer than six
hundred (600) feet to from any dwelling on other property in the area 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 operation of other wood processing machinery shall
occur operate between 7:00 p.m. and 7:00 a.m. No loading/unloading of wood/wood products shall occur
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)
e. All such operations shall be subject to the noise limitation requirements of section 4.18. (Amended 10-3-
01)
(§ 5.1.15, 12-10-80; Ord. 01-18(6), 10-3-01)
Sec. 5.1.20 Sale and/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. No storage in excess of six hundred (600) gallons or sale of petroleum products shall be established
without Albemarle County fire official approval;
Attachment A
Draft: 02/26/13
7
b. In such review and approval the fire official may, in addition to other safety requirements, separation
between such use and adjoining uses as deemed necessary to protect the public health and safety.
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.
Sec. 5.1.21 Dwellings in commercial and industrial districts 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 in commercial and industrial districts are limited to and sleeping quarters may be occupied
only by owners or employees of the establishments, including night watchmen on-site security officers,
scientists and lab technicians;.
b. Such Any dwelling may be located individually detached from the establishment to which it pertains or
within the same structure as the main use 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.
cd. Not more than one (1) dwelling unit or sleeping quarters shall be permitted per establishment;.
de. No mobile 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 Body shop 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. There shall be no storage of All parts, materials or and equipment shall be stored except within an
enclosed building.
b. No vehicle awaiting repair shall be located on any portion of such property the site so as to be visible
from any public road street or any residential property, and shall be limited to locations designed
designated on the approved site plan.
c. Nothing herein shall be construed to limit the authority of the governing body in the review of any special
use permit, including, but not limited to, the regulation of hours of operation, location of door and/or
windows and the like. (Added 12-7-88)
c. All services shall be performed within an enclosed building.
Attachment A
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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 or by special use permit
in an industrial district shall be subject to the following:
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.
Attachment A
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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 parking
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 building 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.
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:
Attachment A
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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 official.
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 effect when the planned development was approved if the developer or subdivider
Attachment A
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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 8.5.1(e) 33.4 or section 20A.4, or a
prior version thereof 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.
Attachment A
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12
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
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 Albemarle County 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
It is intended that iIndustrial districts hereby and hereafter created shall 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, activities involving industrial and limited commercial
land uses shall be encouraged in amounts and locations designated for such purposes in the comprehensive plan.
It is further intended that the enlargement and expansion of existing uses shall be encouraged as well as
development of new uses appropriate to the character of industrial districts. 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 districts; and (ii i) 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 Application
Attachment A
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Where industrial districts have been established prior to the enactment of this ordinance, and such districts are
recognized on the zoning map, the same shall be considered to have been established under this ordinance in
compliance with minimum area required for establishment of districts (reference sections 27.3; 28.3; 29.3).
Sec. 26.32 Permitted primary and accessory uses and structures; prohibited uses and structures
Uses and structures which are customarily accessory and clearly incidental shall be permitted, provided
establishment of the same shall not be permitted until construction has commenced on the principal building or
the principal use has been established; and provided further that in no case shall a parking structure, other than a
parking lot or garage located entirely at or below grade, be deemed to be accessory to any use in any industrial
district. In no case shall a drive-in window be deemed to be accessory to any use in any commercial district.
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
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
Attachment A
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Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
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 March 13, 2013. BR BR BR BR
Independent offices; within structure not established or not vested until after March
13, 2013. SP SP SP SP
Independent offices; within expanded portion of structure where expansion not
established or not vested until after March 13, 2013. 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
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
Attachment A
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Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
Temporary events sponsored by local nonprofit organiz ations (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 March 13, 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, 2013 (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
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
Attachment A
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Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
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 approved prior to March 13, 2013. The uses permitted by right and by special
use permit in any planned development -industrial park (PD-IP) district approved prior to March 13, 2013
and 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). 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). No independent office use shall be expanded without a special use permit 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.
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.
Attachment A
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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 distillation 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 any 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 Standard ratios
26.4.1 Floor area ratio. Maximum total floor area permissible for individual lots shall not exceed 0.70 times the
land area of the lot.
26.4.2 Maximum land coverage by buildings of an individual lot shall not exceed 0.50 times the land area of the
lot.
Sec. 26.5 Off-street parking and loading requirements
All off-street parking and all off-street loading space requirements shall be in accordance with section 4.12.
(Amended 3-18-81)
Attachment A
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Sec. 26.64 Height regulations 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.; provided that a
b. Minimum setback. Any structure exceeding thirty-five (35) feet in height shall be set back from any street
right-of-way or single-family residential or agricultural district; in addition to minimum yard
requirements, 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. 26.7 Performance standards
The performance standards set forth in sections 4.14 through 4.14.5 shall apply.
(§ 26.7, 12-10-80; Ord. 11-18(8), 8-3-11)
Sec. 26.8 Sign regulations
Sign regulations shall be as prescribed in section 4.15.
Sec. 26.9 Minimum landscaped area
See section 32.7.9 for landscaping and screening requirements. (Amended 7-10-85; 9-9-92)
Sec. 26.105 Minimum yards requirements
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 erected closer than
located within fifty (50) feet to of any public street right-of-way. No portion of any off-street parking or
loading space shall be located closer than within ten (10) feet to of any public street right-of-way.
(Amended 7-10-85; 7-8-92)
b. Adjacent to residential or rural areas districts district other than commercial or industrial district. No
portion of any structure, excluding signs, shall be located closer than within fifty (50) feet to of any
residential or rural areas district other than a commercial or industrial district and no portion of any off-
street parking space shall be closer than located within thirty (30) feet to of any residential or rural areas
district other than a commercial or industrial district. In the heavy industry (HI) district, no portion of any
structure, excluding signs, shall be located closer than within one hundred (100) feet to of any residential
or rural areas district other than a commercial or industrial district and no portion of any off-street parking
shall be closer than located within thirty (30) feet to of any residential or rural areas district other than a
commercial or industrial district. (Amended 7- 10-85; 7-8-92)
c. Buffer zone adjacent to residential and rural areas districts district other than commercial or industrial
district. No construction activity, including grading or clearing of vegetation (collectively,
“disturbance”), shall occur closer than within thirty (30) feet to of any residential or rural areas 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
Attachment A
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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
physical 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 .
Screening shall be provided as required in section 32.7.9. (Amended 9-9-92)
1. Waiver by the commission The commission may waive the prohibition of construction activity,
grading or the clearing of vegetation in the buffer in a particular case wherethe developer or
subdivider demonstrates that grading or clearing 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)
2. Waiver by the agent. In accordance with the procedures stated in section 2.5 of this chapter, the agent
may waive the prohibition of construction activity, grading or the clearing of vegetation in the buffer
zone in the following circumstances: (i) adequate landscape screening does not currently exist and the
installation of screening which meets or exceeds ordinance requirements would result in disturbance
to the buffer; (ii) an arborist or landscape architect certifies that trees in the buffer are dying, diseased
or will constitute a fall hazard; (iii) the county engineer determines that disturbance of the buffer is
necessary in order to address an existing drainage problem; or (iv) disturbance of the buffer will result
in improved screening through the use of a berm, a retaining wall or similar physical modification or
improvement. In such a case, the developer or subdivider shall illustrate the result of both the
existing screening without disturbance of the buffer and the screening that would be provided as a
result of the disturbance of the buffer.
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. 26.11 Utility requirements
All utility lines shall be placed underground where practical.
Sec. 26.12 Site planning – external relationships
Site planning within the district shall provide for protection of individual sites from surrounding adverse
influences, and for protection of surrounding areas from adverse influences within the district.
Sec. 26.12.1 Vehicular access
Vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements
and minimum hazards to vehicular and pedestrian traffic. Pavement widths and strengths of both internal and
external roads shall be adequate to accommodate projected traffic generated from the district.
Attachment A
Draft: 02/26/13
20
Sec. 26.12.2 Screening (Deleted 7-10-85)
Sec. 26.13 Building separation
Whether or not located on the same parcel, main structures shall be constructed and separated in accordance with
Table 401 Fire Resistance Ratings of Structure Elements of the BOCA Basic Building Code, 1984 Edition or its
equivalent in the current edition of the BOCA Basic Building Code. (Added 1-1-83) (Amended 10-15-86)
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
LI districts are hereby created and may hereafter be established by amendment to the zoning map to permit
industries, offices and limited commercial uses which are compatible with and do not detract from surrounding
districts. Uses and land previously established in industrial limited (M-1) and research and technical
manufacturing (RTM) districts, where in conformity to the comprehensive plan, shall be encouraged to develop as
active centers of employment on both individual sites as well as within industrial parks. It is intended that LI
districts may be established in areas having all of the following characteristics:
-Areas served by water and sewer facilities or if such facilities are reasonably available;
-Areas served by major highway, rail or air service, or secondary road improved to standards approved by the
county; and
-Areas having clearly demonstrated suitability for intended uses with regard to physical characteristics and
relationship to surrounding development.
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
The uses permitted by right, by special use permit and by special exception in the light industry (LI) district are
set forth in “LI” column in the table in section 26.2.
Sec. 27.2.1 By right
Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted by right in the LI district,
subject to the applicable requirements of this chapter: (Amended 2-13-85, 5-5-10)
Attachment A
Draft: 02/26/13
21
1. Compounding of drugs, including biological products, medical and chemical as well as
pharmaceutical.
2. Fire and rescue squad stations (reference 5.1.9).
3. Manufacture, processing, fabrication, assembly, distribution of products such as but not limited to:
(Amended 12-2-81; 2- 20-91)
-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.
-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.
Attachment A
Draft: 02/26/13
22
-Wood cabinets and furniture, upholstery.
4. Publishing, printing, lithography and engraving, including but not limited to newspapers, periodicals
and books.
5. Preparation of printing plates including typesetting, etching and engraving.
6. Research and development activities including experimental testing.
7. Scientific or technical education facilities.
8. Assembly and fabrication of light aircraft from component parts manufactured off-site.
9. Storage yard. (Amended 11-12-08)
10. Engineering, engineering design, assembly and fabrication of machinery and components, including
such on-site accessory uses as machining, babbitting, welding and sheet metal work and excluding
such uses as drop hammering and foundry. (Amended 10-3-01)
11. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5-12-93)
12. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
13. Temporary construction uses (reference 5.1.18).
14. Business and professional office buildings.
15. Dwellings (reference 5.1.21). (Added 4-17-85)
16. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
17. Warehouse facilities and wholesale businesses not involving storage of gasoline, kerosene or other
volatile materials; dynamite blasting caps and other explosives; pesticides and poisons; and other such
materials which could be hazardous to life in the event of accident. (Added 12-2-87)
18. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
19. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
20. Farmers’ markets that will be conducted outdoors or within a temporary or existing permanent
structure (reference 5.1.47). (Added 5-5-10)
Attachment A
Draft: 02/26/13
23
(§ 27.2.1, 12-10-80, 12-2-81, 2-13-85, 4-17-85, 3-5-86, 12-2-87, 11-1-89, 5-12-93; § 18-27.2.1, Ord. 98-A(1), 8-
5-98; Ord. 01-18(6), 10-3-01; 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. 27.2.2 By special use permit
The following uses shall be permitted by special use permit in the LI district:
1. Laboratories, medical or pharmaceutical.
2. Airport, helistop or heliport (reference 5.1.1).
3. Assembly of modular building units.
4. Moving businesses, including storage facilities.
5. Warehouse facilities not permitted under section 27.2.1.17. (Amended 12-2-87)
6. Wholesale business not permitted under section 27.2.1.17. (Amended 12-2-87)
7. Truck terminal.
8. 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.
9. Temporary events sponsored by local nonprofit organizations (reference 5.1.27). (Added 7-7-82)
10. 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 2-13-85)
11. Body shops (reference 5.1.31). (Added 12-7-88)
12. Towing and storage of motor vehicles (reference 5.1.32). (Added 6-6-90)
13. Uses listed under section 27.2.1 with subordinate retail sales exceeding fifteen (15) percent of the
floor area of the main use. (Added 2-20-91)
14. Supporting commercial uses (reference 9.0). (Added 6-19-91)
15. Indoor athletic facilities. (Added 9-15-93)
16. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 2-5-03)
17. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
18. Heavy equipment and heavy vehicle parking and storage yards. (Added 11-12-08)
Attachment A
Draft: 02/26/13
24
19. Farmers’ markets that will be conducted in a new permanent structure (reference 5.1.47). (Added 5-5-
10)
20. Uses permitted by right in the Heavy Industry (HI) zoning district that are not otherwise permitted by
right under section 27.2.1. (Added 6-2-10)
(§ 20-27.2.2, 12-10-80; 7-7-82; 2-13-85; 12-2-87; 12-7-88; 6-6-90; 2-20-91; 6-19-91; 9-15-93; § 18-27.2.2, Ord.
98-A(1), 8-5-98; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 10-18(4), 5-5-10;
Ord. 10-18(6), 6-2-10)
Sec. 27.3 Minimum area required for establishment of district
Minimum area required for establishment of an LI district shall be five (5) acres. Unless otherwise provided in
section 26.2, there shall be no minimum area requirements for additions to an established LI district, provided
such area to be added adjoins and forms a logical addition to the existing LI district.
Sec. 27.43 Additional requirement Structure height, yard, setback, development, use
In addition to the requirements contained herein, the requirements of section 26.0, industrial districts, generally,
shall apply within all LI districts.
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
HI districts are hereby created and may hereafter be established by amendment to the zoning map to permit
industries and commercial uses which have public nuisance potential and will therefore be subject to intensive
review for locational impact on surrounding land uses and environment. Uses and lands previously established in
industrial general (M-2) and certain industrial limited (M-1) districts, where in conformity to the comprehensive
plan, shall be encouraged to develop as active centers of employment on individual sites.
It is intended that HI districts may be established in areas having all of the following characteristics:
-Areas served by a major highway, rail or air service, or secondary road improved to standards approved by the
county;
-Areas either served by public water and sewer or meeting requirements of the local office of the Virginia
Department of Health; and
-Areas having clearly demonstrated suitability for intended uses with regard to physical characteristics and
relationship to surrounding development.
The intent of the heavy industry (HI) district is to permit industrial and supporting uses having the potential, if
unregulated, to cause public nuisances and therefore requiring enhanced performance standards and review for
their impacts on surrounding lands and the environment.
Attachment A
Draft: 02/26/13
25
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. 28.2.1 By right
Except as otherwise limited by section 28.2.2.14, the following uses shall be permitted by right in the HI
district, subject to the applicable requirements of this chapter: (Amended 2-13-85, 5-5-10)
1. Automotive, farm and construction and machinery products assembly.
2. Brick manufacturing, distribution.
3. Concrete mixing plant, storage, distribution.
4. Dry-cleaning plants.
5. Fire and rescue squad stations (reference 5.1.09).
6. Machine shops, tool and die, blacksmithing, boiler shops and similar operations.
7. Manufacture of heavy household, commercial and industrial appliances.
8. Manufacture of building components.
9. Manufacture, distribution, service of individual sewage disposal systems.
10. Manufacture and recycling of tires.
11. Metal fabrication and welding operations.
12. Mobile home manufacturing, distribution.
13. Moving businesses, including storage facilities.
14. Petroleum, gasoline, natural gas and manufactured gas bulk storage (reference 5.1.20).
15. Recreational vehicle and components manufacturing, distribution.
16. Sawmills (reference 5.1.15), planing mills, wood preserving operations, woodyards.
17. Veterinary or dog/cat hospitals, indoor accessory kennels (reference 5.1.11).
18. Warehouse facilities.
19. Storage yards. (Amended 11-12-08)
Attachment A
Draft: 02/26/13
26
20. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5-12-93)
21. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
22. Temporary construction uses (reference 5.1.18).
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
24. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
25. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
26. Heavy equipment and heavy vehicle parking and storage yards. (Added 11-12-08)
27. Body shops (reference 5.1.31(a) and (b)). (Added 8-5-09)
28. Towing and temporary storage of motor vehicles (reference 5.1.32(b)). (Added 8-5-09)
29. Farmers’ markets that will be conducted outdoors or within a temporary or existing permanent
structure (reference 5.1.47). (Added 5-5-10)
(§ 20-28.2.1, 12-10-80; 2-13-85; 3-5-86; 11-1-89; 5-12-93; § 18-28.2.1, 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. 09-18(7), 8-5-09; Ord. 10-18(4), 5-5-10)
Sec. 28.2.2 By special use permit
The following uses shall be permitted by special use permit in the HI district:
1. Abattoirs.
2. Airport, helistop or heliport (reference 5.1.01).
3. Asphalt mixing plants.
4. Cement, lime gypsum manufacture or processing.
5. Chemical, plastics manufacture or processing.
6. Fertilizer manufacture or processing.
7. Food processing plants such as meat, poultry and fish processing and packing and rendering plants.
8. Junk yards, screened (reference 5.1.10).
Attachment A
Draft: 02/26/13
27
9. Kennels for boarding of domestic pets (reference 5.1.11).
10. Petroleum refining, including by-products (reference 5.1.20).
11. Pulp, paper manufacture or processing.
12. 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 (reference 5.1.12).
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 2-13-85)
14. Motorcycle and off-road recreation vehicles sale and service. (Added 10-15-86)
15. Supporting commercial uses (reference 9.0). (Added 6-19-91)
16. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 2-5-03)
17. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
18. Farmers’ markets that will be conducted in a new permanent structure (reference 5.1.47). (Added 5-
5-10)
(§ 20-28.2.2, 12-10-80; 2-13-85; 10-15-86; 6-19-91; § 18-28.2.2, Ord. 98-A(1), 8-5-98; Ord. 03-18(1), 2-5-03;
Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 10-18(4), 5-5-10)
Sec. 28.3 Minimum area required for establishment of district
Minimum area required for establishment of an HI District shall be five (5) acres. There shall be no minimum
area requirements for additions to established HI districts, provided the area to be added adjoins and forms a
logical addition to the existing HI district.
Sec. 28.43 Additional requirements Structure height, setback, yard, development, use
In addition to requirements contained herein, the requirements of section 26.0, industrial districts, generally, shall
apply in all HI districts.
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
PD-IP districts are hereby created and may hereafter be established by amendment to the zoning map to permit a
variety of industrial uses, together with certain uses ancillary thereto, which are compatible with and do not
Attachment A
Draft: 02/26/13
28
detract either from each other or from surrounding districts. It is intended that PD-IP districts may be established
in areas in conformity with the comprehensive plan and having all of the following char acteristics:
-Areas served by water and sewer facilities, or if such facilities are reasonably available;
-Areas served by major highway, rail or air service, or secondary road improved to standards approved by the
county; and
-Areas having clearly demonstrated suitability for intended uses with regard to physical characteristics and
relationship to surrounding development.
In the establishment of any PD-IP district, the board of supervisors shall designate the category of uses which
shall be permitted in each parcel, or part thereof, which is the subject of the application for such amendment.
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. 29.2.1 By right – Category I
The following uses shall be permitted in any area designated as Category I on the approved application
plan:
1. Uses permitted by right shall include uses permitted by right in the LI light industry district.
Sec. 29.2.2 By special use permit – Category I
The following uses shall be permitted only by special use permit provided that no separate application
shall be required for any use included on the approved application plan: (Amended 6-28-95)
1. Uses permitted by special use permit in the LI light industry district;
2. Hotels, motels, inns (reference 9.4.2). (Added 6-28-95)
Sec. 29.2.3 By right – Category II
The following uses shall be permitted in any area designated as Category II on the approved application
plan:
Attachment A
Draft: 02/26/13
29
1. Uses permitted by right shall include uses permitted by right in the LI light industry district and the
HI heavy industry district.
Sec. 29.2.4 By special use permit – Category II
Uses by special use permit shall include uses permitted by special use permit in the LI light industry district
and the HI heavy industry district; provided that no separate application shall be required for any use
included on the approved application plan.
Sec. 29.3 Minimum area required for creation of district
Minimum area required for creation of a PD-IP district shall be fifty (50) acres; provided, however that when an
initial PD-IP district has been created, incremental additions to such district shall be permitted if such incremental
addition adjoins and forms a logical addition to the existing district.
Sec. 29.4 Number of permitted uses
The number of permitted uses shall not exceed the total number of acres within the district divided by ten (10).
Sec. 29.53 Additional requirements Structure height, setback, yard, development, use
In addition to requirements contained herein, the requirements of sections 8.0 and 26.0 shall apply to all PD-IP
districts, except as hereinafter expressly provided. Any requirements of sections 26.0 and 29.0 shall be subject to
modification, variation or waiver as provided in section 8.0, planned development districts, generally. For such
areas as may be located on the perimeter of a PD-IP district, the commission shall be particularly mindful of the
intent to protect the character of adjoining development. In addition to materials required by section 8.5.1, a
transportation analysis plan shall be submitted with the application for PD-IP district designation. Such plan shall
show: projected automobile and truck traffic generation; percent of truck traffic by type; internal and access point
turning movement; general alignments of internal roads; rights-of-way widths and roadway typical sections
including base strength designs; proposed improvements to the existing transportation network; percentage
estimate of traffic distribution to and from the site on external roads; bus and car pool programs, if any. The
phasing of improvements enumerated in this section shall be indicated on the plan.
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)
Return to exec summary
Attachment B
Draft: 1102/26/1213
1
Formatted: Space After: 0 pt
ORDINANCE NO. 13-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE,
OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article I, General Provisions, Article II, Basic Regulations, Article III, District Regulations, and Article IV,
Procedure, are hereby amended and reordained as fol lows:
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 and/or storage of petroleum products, including kerosene, gasoline, and heating oil
Sec. 5.1.21 Dwellings in commercial and industrial districts On-site dwellings and sleeping quarters
accessory to commercial and industrial uses
Sec. 5.1.31 Body shop 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. 26.34 Height regulations Structure height and setback
Sec. 26.10 Sec. 26.45 Minimum yards requirements
Sec. 27.4 Sec. 27.3 Additional requirement Structure height, yard, setback, development, use
Sec. 28.4 Sec. 28.3 Additional requirements Structure height, yard, setback, development, use
Sec. 29.5 Sec. 29.3 Additional requirements 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
Attachment B
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Formatted: Space After: 0 pt
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
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 cr edit 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,
Attachment B
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3
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micro-wave and radio-wave transmission and relay towers, substations and appurtenances ; but excluding personal
wireless service facilities.
. . .
Independent office: An office that is neither an “offices: In the industrial office” nor a “supporting officedistricts,
offices that are not “industrial offices.”
. . .
Industrial office: An officeoffices: Offices affiliated with, or in a parent-subsidiary business relationship with, a
Laboratories/Research and Development/Experimental Testing, Manufacturing/Processing/Assembly/Fabrication/
Recycling, or a Storage/Warehousing/Distribution/Transportation use that is located in Albemarle County or the
City of Charlottesville, but which need not be on the same site as the industrial use .
. . .
Laboratories/Research and Development/Experimental Testing: Scientific research, testing, investigation or
experimentation, the development of prototype products, and/or the assembly 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.
. . .
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 differen t
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 and, 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.
. . .
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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 facilities 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/Assembly/Fabrication/ Recycling, or Storage/Warehousing/Distribution/Transportation use s or their
employees including, but not limited to, restaurants, beauty salons or bank branches 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 .
Supporting office: An office within an industrial district that is subordinate to and primarily serves ,
Laboratories/Research and Development/Experimental Testing, Manufacturing/Processing/Assembly/Fabrication/
Recycling, or a Storage/Warehousing/Distribution/Transportation uses within the district.
. . .
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 seweragesewer collection lines, pumping stations
and appurtenances owned and operated by the Albemarle County Service Authority; or (iii) central water supplies
and central seweragesewage systems in conformance with chapter 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
4.14.5(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:
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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
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.
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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 document 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 acceptabl e to the county engineer, signed by the
prospective occupant or its representative; and (iii) 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.
(§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 commission; zoning
administrator.
b. Storage yards Any storage area and the site’s access to a public roads 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 timbe r 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 as a
buffer to adjoining abutting properties and uses, provided that during the last three months of o peration
such the trees may be removed;.
b. No saw, planer, chipper, conveyor, chute or other like similar machinery shall be located closer than six
hundred (600) feet to from any dwelling on other property in the area 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 operation of other wood processing machinery shall
occur operate between 7:00 p.m. and 7:00 a.m. No loading/unloading of wood/wood products shall occur
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)
e. All such operations shall be subject to the noise limitation requirements of section 4.18. (Amended 10 -3-
01)
(§ 5.1.15, 12-10-80; Ord. 01-18(6), 10-3-01)
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Sec. 5.1.20 Sale and/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. No storage in excess of six hundred (600) gallons or sale of petroleum products shall be established
without Albemarle County fire official approval;
b. In such review and approval the fire official may, in addition t o other safety requirements, separation
between such use and adjoining uses as deemed necessary to protect the public health and safety.
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.
Sec. 5.1.21 Dwellings in commercial and industrial districts 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 in commercial and industrial districts are limited to and sleeping quarters may be occupied
only by owners or employees of the establishments, including night watchmen on-site security officers,
scientists and lab technicians;.
b. Such Any dwelling may be located individually detached from the establishment to which it pertains or
within the same structure as the main use 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.
cd. Not more than one (1) dwelling unit or sleeping quarters shall be permitted per establishment;.
de. No mobile 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 Body shop 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. There shall be no storage of All parts, materials or and equipment shall be stored except within an
enclosed building.
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b. No vehicle awaiting repair shall be located on any portion of such property the site so as to be visible
from any public road street or any residential property, and shall be limited to locations designed
designated on the approved site plan.
c. Nothing herein shall be construed to limit the authority of the governing body in the review of any special
use permit, including, but not limited to, the regulation of hours of operation, location of door and/o r
windows and the like. (Added 12-7-88)
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 or by special use permit
in an industrial district shall be subject to the following:
a. All manufacturing, compounding, assembling, processing, packaging, or other industrial or business
activity shall be conducted within a completely enclosed building .
b. No activity expressly permitted shall be conducted outdoors between 7:00 p.m. and 7:00 a.m.
c. No outdoor activity and no , including the location of internal access roadroads, 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.
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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 closer thanwithin fifty (50) feet fromof 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 closer thanwithin three
hundred (300) feet fromof any residential or agricultural district. In the heavy industry (HI) district, no
building or parking area shall be located closer thanwithin two hundred fifty (250) feet fromof any
residential or agricultural district.
c. No building shall be located closer thanwithin one thousand (1,000) feet fromof 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
demonstratingsatisfying the requirements of that waste shall be disposed of only in strict compliance with
state and federal regulationssection.
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 closer thanwithin two
hundred (200) feet fromof any residential or agricultural district. In the heavy industry (HI) district, no
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building or parking area shall be located closer thanwithin one hundred fifty (150) feet fromof any
residential or agricultural district.
d. No building shall be located closer thanwithin one thousand (1,000) feet fromof any school at the time the
slaughterhouse is established.
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
demonstrating satisfying the requirements of that waste shall be disposed of only in strict compliance with
state and federal regulationssection.
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 closer thanwithin fifty (50) feet fromof a residential or
agricultural district.
d. The certified engineer’s report required by section 4.15 shall include a mosquito control plan
demonstrating how mosquitoes will be controlled atsatisfying the siterequirements 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 official.
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
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system may be approved whereby 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 subdivide r, each
preliminary and final site plan and subdivision plat may be reviewed for compliance with the applicable
regulations in 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 , and further provided that any site within the
planned development industrial park (PD-IP) district may be used for those uses currently authoriz ed by
right or by special use permit.
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 f ollowing:
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 lig hting (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 subsectionsection 8.5.1(e) 33.4 or section
20A.4, or a prior version thereof 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 list ed in subsection 8.5.5.2(b)(1) in effect
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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.
3. Uses within the planned development industrial park district. Notwithstanding subsections (b)(1) and
(b)(2), any site within the planned development industrial park (PD-IP) district may be used for those uses
currently authorized by right or by special use permit.
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 permitt ed
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 per mitted 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
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 Albemarle County Code in
effect when the site plan or subdivision plat is under coun ty 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)
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Section 26
Industrial Districts -- Generally
Sec. 26.1 Intent, where permitted
It is intended that iIndustrial districts hereby and hereafter created shall 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, activities involving industrial and limited commercial
land uses shall be encouraged in amounts and locations designated for such purposes in the comprehensive plan.
It is further intended that the enlargement and expansion of existing uses shall be encouraged as well as
development of new uses appropriate to the character of industrial districts. 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 districts; 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 Application
Where industrial districts have been established prior to the enactment of this ordinance, and such districts are
recognized on the zoning map, the same shall be considered to have been established under this ordinance in
compliance with minimum area required for establishment of districts (reference sections 27.3; 28.3; 29.3).
Sec. 26.32 Permitted primary and accessory uses and structures; prohibited uses and structures
Uses and structures which are customarily accessory and clearly incidental shall be permitted, provided
establishment of the same shall not be permitted until construction has commenced on the principal building or
the principal use has been established; and provided further that in no case shall a parking structure, other than a
parking lot or garage located entirely at or below grade, be deemed to be accessory to any use in any industrial
district. In no case shall a drive-in window be deemed to be accessory to any use in any commercial district.
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
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Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
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
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; gross floor area of the use does not exceed 3,000 square feet
per sitewithin structure existing or vested on March 13, 2013. BR BR BR BR
Independent offices; within structure not established or not vested on or before
January __,until after March 13, 2013, regardless of the gross floor area of the use
BRS
P
BRS
P BRSP BRSP
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Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
per site..
Independent offices; gross floor area of the use exceeds 3,000 square feet per site. SE SE SE SE
Independent offices; within expanded portion of structure where expansion not
established or not vested on or before January __,until after March 13, 2013 where,
regardless of the gross floor of the building on that date, an expansion of the
building would result in a gross floor area exceeding 3,000 square feet.
SES
P
SES
P SESP SESP
Industrial offices. BR BR BR BR
Supporting offices; use does not exceed 25% of the gross floor area of a freestanding
building or of multiple buildings on an industrial site. BR BR BR BR
Supporting offices; use exceeds 25% of the gross floor area of a freestanding
building or of multiple buildings on an industrial site. SE SE SE SE
Residential Uses**
Dwellings and sleeping quarters, on-site (reference 5.1.21). BR BR BR BR
Dwellings, Multiple-family. SP N SP SP
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
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
SP SP SP SP
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Use LI HI
PD-IP
Cat. 1
PD-IP
Cat. 2
authorized by this section either by right or by special use permit; within structure
existing or vested on March 13, 2013.
Farmers’ markets conducted in a new permanent structure established after May 5,
2010 (reference 5.1.47). SP SP SP SP
Farmers’ markets conducted outdoors or within a temporary or existinga permanent
structure existing on May 5, 2013 (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 the ECa street within the entrance corridor overlay district to which it is
contiguous or from any other EC 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 of 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 of 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
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) andor 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) andor 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 belowin
unshaded text below that use classification.
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**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.
bb. Planned industrial parks approved prior to March 13, 2013 . The uses permitted by right and by special
use permit in any planned development -industrial park (PD-IP) district approved prior to March 13, 2013
and 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). 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). No independent office use shall be expanded without a special use permit 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.
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, other thanstand alone parking lots
and parking garages located entirely at or below grade, and and drive-inthrough windows are
prohibited permitted only as provided in subsection (a) and not otherwise as accessory uses and
structures in all industrial districts.. 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.
cd. Prohibited uses and structures. The following 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 distillation 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.
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d. Sec. 26.3 Independent office and general commercial uses; additional factors when considering
special exceptions. use permits
In evaluating a request for a special exceptionuse permit for an independent office to exceed three thousand
(3,000) square feet gross floor areaor general commercial use as that use is described in section 26.2, the board
shall consider whether the independent officethe 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 areshould be consistent with the intent of the applicable industrial
district.
c. The use proposed should not be located on the lowest floor of any 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 Standard ratios
26.4.1 Floor area ratio. Maximum total floor area permissible for individual lots shall not exceed 0.70 times the
land area of the lot.
26.4.2 Maximum land coverage by buildings of an individual lot shall not exceed 0.50 times th e land area of the
lot.
Sec. 26.5 Off-street parking and loading requirements
All off-street parking and all off-street loading space requirements shall be in accordance with section 4.12.
(Amended 3-18-81)
Sec. 26.6364 Height regulations 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.; provided that a
b. Minimum setback. Any structure exceeding thirty-five (35) feet in height shall be set back from any street
right-of-way or single-family residential or agricultural district; in addition to minimum yard
requirements, 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)
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Sec. 26.7 Performance standards
The performance standards set forth in sections 4.14 through 4.14.5 shall apply.
(§ 26.7, 12-10-80; Ord. 11-18(8), 8-3-11)
Sec. 26.8 Sign regulations
Sign regulations shall be as prescribed in section 4.15.
Sec. 26.9 Minimum landscaped area
See section 32.7.9 for landscaping and screening requirements. (Amended 7-10-85; 9-9-92)
Sec. 26.104105 Minimum yards requirements
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 erected closer than
located within fifty (50) feet to fromof any public street right-of-way. No portion of any off-street
parking or loading space shall be located closer than within ten (10) feet to fromof any public street right-
of-way. (Amended 7-10-85; 7-8-92)
b. Adjacent to residential or rural areas districts district other than commercial or industrial district . No
portion of any structure, excluding signs, shall be located closer than within fifty (50) feet to fromof any
residential or rural areas district other than a commercial or industrial district and no portion of any off-
street parking space shall be closer than located within thirty (30) feet to of any residential or rural areas
district other than a commercial or industrial district. In the heavy industry (HI) district, no portion of any
structure, excluding signs, shall be located closer than within one hundred (100) feet to fromof any
residential or rural areas district other than a commercial or industrial district and no portion of any off-
street parking shall be closer than located within thirty (30) feet to fromof any residential or rural areas
district other than a commercial or industrial district. (Amended 7- 10-85; 7-8-92)
c. Buffer zone adjacent to residential and rural areas districts district other than commercial or industrial
district. No construction activity, including grading or clearing of vegetation (collectively,
“disturbance”), shall occur closer than within thirty (30) feet to fromof any residential or rural areas
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 addres s an existing drainage problem; or (iv)
disturbance will result in improved screening through the use of a berm, a retaining wall or similar
physical 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.
Screening shall be provided as required in section 32.7.9. (Amended 9-9-92)
1. Waiver by the commission The commission may waive the prohibition of construction activity,
grading or the clearing of vegetation in the buffer in a particular case wherethe developer or
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subdivider demonstrates that grading or clearing is necessary or would result in an improved site
design, provided that: (i) minimum screening requirements are met; and (ii) existing landscap ing in
excess of minimum requirements is substantially restored. (Added 7 -10-85)
2. Waiver by the agent. In accordance with the procedures stated in section 2.5 of this chapter, the agent
may waive the prohibition of construction activity, grading or th e clearing of vegetation in the buffer
zone in the following circumstances: (i) adequate landscape screening does not currently exist and the
installation of screening which meets or exceeds ordinance requirements would result in disturbance
to the buffer; (ii) an arborist or landscape architect certifies that trees in the buffer are dying, diseased
or will constitute a fall hazard; (iii) the county engineer determines that disturbance of the buffer is
necessary in order to address an existing drainage problem; or (iv) disturbance of the buffer will result
in improved screening through the use of a berm, a retaining wall or similar physical modification or
improvement. In such a case, the developer or subdivider shall illustrate the result of both the
existing screening without disturbance of the buffer and the screening that would be provided as a
result of the disturbance of the buffer.
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 screen ing 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. 26.11 Utility requirements
All utility lines shall be placed underground where practical.
Sec. 26.12 Site planning – external relationships
Site planning within the district shall provide for protection of individual sites from surrounding adverse
influences, and for protection of surrounding areas from adverse influences within the district.
Sec. 26.12.1 Vehicular access
Vehicular access points shall be designed to encourage smooth traffic flow wi th controlled turning movements
and minimum hazards to vehicular and pedestrian traffic. Pavement widths and strengths of both internal and
external roads shall be adequate to accommodate projected traffic generated from the district.
Sec. 26.12.2 Screening (Deleted 7-10-85)
Sec. 26.13 Building separation
Whether or not located on the same parcel, main structures shall be constructed and separated in accordance with
Table 401 Fire Resistance Ratings of Structure Elements of the BOCA Basic Building Code, 1984 Edition or its
equivalent in the current edition of the BOCA Basic Building Code. (Added 1-1-83) (Amended 10-15-86)
Sec. 26.56 Site development and use
Subject to sections 26.34 and 26.45, each site within an industrial district shall comply with the applicable site
development and use requirements in sections 4, 5 and 32.
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Section 27
Light Industry – LI
Sec. 27.1 Intent, where permitted
LI districts are hereby created and may hereafter be established by amendment to the zoning map to permit
industries, offices and limited commercial uses which are compatible with and do not detract from surrounding
districts. Uses and land previously established in industrial limited (M-1) and research and technical
manufacturing (RTM) districts, where in conformity to the comprehensive plan, shall be encouraged to deve lop as
active centers of employment on both individual sites as well as within industrial parks. It is intended that LI
districts may be established in areas having all of the following characteristics:
-Areas served by water and sewer facilities or if such facilities are reasonably available;
-Areas served by major highway, rail or air service, or secondary road improved to standards approved by the
county; and
-Areas having clearly demonstrated suitability for intended uses with regard to physical cha racteristics and
relationship to surrounding development.
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
The uses permitted by right, by special use permit and by special exception in the light industry (LI) district are
set forth in “LI” column in the table in section 26.2.
Sec. 27.2.1 By right
Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted by right in the LI district,
subject to the applicable requirements of this chapter: (Amended 2-13-85, 5-5-10)
1. Compounding of drugs, including biological products, medical and chemical as well as
pharmaceutical.
2. Fire and rescue squad stations (reference 5.1.9).
3. Manufacture, processing, fabrication, assembly, distribution of products such as but not limited to:
(Amended 12-2-81; 2- 20-91)
-Artists' supplies and equipment.
-Business, office machines and equipment.
-Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap.
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-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.
-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.
4. Publishing, printing, lithography and engraving, including but not limited to newspapers, periodicals
and books.
5. Preparation of printing plates including typesetting, etching and engraving.
6. Research and development activities including experimental testing.
7. Scientific or technical education facilities.
8. Assembly and fabrication of light aircraft from component parts manufactured off-site.
9. Storage yard. (Amended 11-12-08)
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10. Engineering, engineering design, assembly and fabrication of machinery and components, including
such on-site accessory uses as machining, babbitting, welding and sheet metal work and excluding
such uses as drop hammering and foundry. (Amended 10-3-01)
11. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. (Amended 5 -12-93)
12. Public uses and buildings including temporary or mobile facilities such as sc hools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
13. Temporary construction uses (reference 5.1.18).
14. Business and professional office buildings.
15. Dwellings (reference 5.1.21). (Added 4-17-85)
16. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
17. Warehouse facilities and wholesale businesses not involving storage of gasoline, kerosene or other
volatile materials; dynamite blasting caps and other explosives; pesticides and poisons ; and other such
materials which could be hazardous to life in the event of accident. (Added 12 -2-87)
18. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
19. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
20. Farmers’ markets that will be conducted outdoors or within a temporary or existing permanent
structure (reference 5.1.47). (Added 5-5-10)
(§ 27.2.1, 12-10-80, 12-2-81, 2-13-85, 4-17-85, 3-5-86, 12-2-87, 11-1-89, 5-12-93; § 18-27.2.1, Ord. 98-A(1), 8-
5-98; Ord. 01-18(6), 10-3-01; 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. 27.2.2 By special use permit
The following uses shall be permitted by special use permit in the LI district:
1. Laboratories, medical or pharmaceutical.
2. Airport, helistop or heliport (reference 5.1.1).
3. Assembly of modular building units.
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4. Moving businesses, including storage facilities.
5. Warehouse facilities not permitted under section 27.2.1.17. (Amended 12-2-87)
6. Wholesale business not permitted under section 27.2.1.17. (Amended 12-2-87)
7. Truck terminal.
8. Electrical power substations, transmission lines and related towers; gas or oil transm ission lines,
pumping stations and appurtenances; unmanned telephone exchange centers; micro - wave and radio-
wave transmission and relay towers, substations and appurtenances.
9. Temporary events sponsored by local nonprofit organizations (reference 5.1.27). (Added 7-7-82)
10. 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 2-13-85)
11. Body shops (reference 5.1.31). (Added 12-7-88)
12. Towing and storage of motor vehicles (reference 5.1.32). (Added 6 -6-90)
13. Uses listed under section 27.2.1 with subordinate retail sales ex ceeding fifteen (15) percent of the
floor area of the main use. (Added 2-20-91)
14. Supporting commercial uses (reference 9.0). (Added 6-19-91)
15. Indoor athletic facilities. (Added 9-15-93)
16. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 2-5-03)
17. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
18. Heavy equipment and heavy vehicle parking and storage yards. (Added 11 -12-08)
19. Farmers’ markets that will be conducted in a new permanent structure (reference 5.1.47). (Added 5-5-
10)
20. Uses permitted by right in the Heavy Industry (HI) zoning district that are not otherwise permitted by
right under section 27.2.1. (Added 6-2-10)
(§ 20-27.2.2, 12-10-80; 7-7-82; 2-13-85; 12-2-87; 12-7-88; 6-6-90; 2-20-91; 6-19-91; 9-15-93; § 18-27.2.2, Ord.
98-A(1), 8-5-98; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 10-18(4), 5-5-10;
Ord. 10-18(6), 6-2-10)
Sec. 27.3 Minimum area required for establishment of district
Minimum area required for establishment of an LI district shall be five (5) acres. Unless otherwise provided in
section 26.2, there shall be no minimum area requirements for additions to an established LI district, provided
such area to be added adjoins and forms a logical addition to the existing LI district.
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Sec. 27.43 Additional requirement Structure height, yard, setback, development, use
In addition to the requirements contained herein, the requirements of section 26.0, industrial districts, generally,
shall apply within all LI districts.
The structure height, yard, setback, development and use standards in sections 26.34, 26.45 and 26.56, 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
HI districts are hereby created and may hereafter be established by amendment to the zoning map to permit
industries and commercial uses which have public nuisance potential and will therefore be subject to intensive
review for locational impact on surrounding land uses and environment. Uses and lands previously established in
industrial general (M-2) and certain industrial limited (M-1) districts, where in conformity to the comprehensive
plan, shall be encouraged to develop as active centers of employment on individual sites.
It is intended that HI districts may be established in areas having all of the following characteristics:
-Areas served by a major highway, rail or air service, or secondary road improved to standards approved by the
county;
-Areas either served by public water and sewer or meeting requirements of the local office of the Virginia
Department of Health; and
-Areas having clearly demonstrated suitability for intende d uses with regard to physical characteristics and
relationship to surrounding development.
The intent of the heavy industry (HI) district is to permit industrial and supporting uses having the potential , 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. 28.2.1 By right
Except as otherwise limited by section 28.2.2.14, the following uses shall be permitted by right in the HI
district, subject to the applicable requirements of this chapter: (Amended 2 -13-85, 5-5-10)
1. Automotive, farm and construction and machinery products assembly.
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0.75" + 1" + 1.25" + 1.5" + 1.75" + 2" +
2.25" + 2.5" + 2.75" + 3" + 3.25" + 3.5" +
3.75" + 4" + 4.25" + 4.5" + 4.75" + 5"
Formatted: Double underline
Attachment B
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26
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2. Brick manufacturing, distribution.
3. Concrete mixing plant, storage, distribution.
4. Dry-cleaning plants.
5. Fire and rescue squad stations (reference 5.1.09).
6. Machine shops, tool and die, blacksmithing, boiler shops and similar operations.
7. Manufacture of heavy household, commercial and industrial appliances.
8. Manufacture of building components.
9. Manufacture, distribution, service of individual sewage disposal systems.
10. Manufacture and recycling of tires.
11. Metal fabrication and welding operations.
12. Mobile home manufacturing, distribution.
13. Moving businesses, including storage facilities.
14. Petroleum, gasoline, natural gas and manufactured gas bulk storage (reference 5.1.20).
15. Recreational vehicle and components manufacturing, distribution.
16. Sawmills (reference 5.1.15), planing mills, wood preserving operations, woodyards.
17. Veterinary or dog/cat hospitals, indoor accessory kennels (reference 5.1.11).
18. Warehouse facilities.
19. Storage yards. (Amended 11-12-08)
20. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. (Amended 5 -12-93)
21. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
22. Temporary construction uses (reference 5.1.18).
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
Attachment B
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27
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24. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
25. Tier I and Tier II personal wireless service facilities (reference 5.1.40). (Added 10 -13-04)
26. Heavy equipment and heavy vehicle parking and storage yards. (Added 11-12-08)
27. Body shops (reference 5.1.31(a) and (b)). (Added 8-5-09)
28. Towing and temporary storage of motor vehicles (reference 5.1.32(b)). (Added 8 -5-09)
29. Farmers’ markets that will be conducted outdoors or within a temporary or e xisting permanent
structure (reference 5.1.47). (Added 5-5-10)
(§ 20-28.2.1, 12-10-80; 2-13-85; 3-5-86; 11-1-89; 5-12-93; § 18-28.2.1, 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. 09-18(7), 8-5-09; Ord. 10-18(4), 5-5-10)
Sec. 28.2.2 By special use permit
The following uses shall be permitted by special use permit in the HI district:
1. Abattoirs.
2. Airport, helistop or heliport (reference 5.1.01).
3. Asphalt mixing plants.
4. Cement, lime gypsum manufacture or processing.
5. Chemical, plastics manufacture or processing.
6. Fertilizer manufacture or processing.
7. Food processing plants such as meat, poultry and fish processing and packing and rendering plants.
8. Junk yards, screened (reference 5.1.10).
9. Kennels for boarding of domestic pets (reference 5.1.11).
10. Petroleum refining, including by-products (reference 5.1.20).
11. Pulp, paper manufacture or processing.
12. 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 (reference 5.1.12).
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 2 -13-85)
Attachment B
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28
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14. Motorcycle and off-road recreation vehicles sale and service. (Added 10-15-86)
15. Supporting commercial uses (reference 9.0). (Added 6-19-91)
16. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 2 -5-03)
17. Tier III personal wireless service facilities (reference 5.1.40). (Added 10 -13-04)
18. Farmers’ markets that will be conducted in a new permanent structure (reference 5.1.47). (Added 5 -
5-10)
(§ 20-28.2.2, 12-10-80; 2-13-85; 10-15-86; 6-19-91; § 18-28.2.2, Ord. 98-A(1), 8-5-98; Ord. 03-18(1), 2-5-03;
Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 10-18(4), 5-5-10)
Sec. 28.3 Minimum area required for establishment of district
Minimum area required for establishment of an HI District shall be five (5) acres. There shall be no minimum
area requirements for additions to established HI districts, provided the area to be added adjoins and forms a
logical addition to the existing HI district.
Sec. 28.43 Additional requirements Structure height, setback, yard, development, use
In addition to requirements contained herein, the requirements of section 26.0, industrial districts, generally, shall
apply in all HI districts.
The structure height, yard, setback, development, and use standards in sections 26.34, 26.45 and 26.56, 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
PD-IP districts are hereby created and may hereafter be established by amendment to the zoning map to permit a
variety of industrial uses, together with certain uses ancillary thereto, which are compatible with and do not
detract either from each other or from surrounding districts. It is intended that PD -IP districts may be established
in areas in conformity with the comprehensive plan and having all of the following characteristics:
-Areas served by water and sewer facilities, or if such facilities are reasonably available;
-Areas served by major highway, rail or air service, or secondary road improved to standards approved by the
county; and
-Areas having clearly demonstrated suitability for intended uses with regard to physical characteristics and
relationship to surrounding development.
In the establishment of any PD-IP district, the board of supervisors shall designate the category of uses which
shall be permitted in each parcel, or part thereof, which is the subject of the application for such amendment .
Formatted: Font: Bold, No underline
Formatted: Tab stops: Not at 0.25" + 0.5" +
0.75" + 1" + 1.25" + 1.5" + 1.75" + 2" +
2.25" + 2.5" + 2.75" + 3" + 3.25" + 3.5" +
3.75" + 4" + 4.25" + 4.5" + 4.75" + 5"
Attachment B
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29
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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 d istricts. In establishing a PD-IPplanned
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. 29.2.1 By right – Category I
The following uses shall be permitted in any area designated as Category I on the approved application
plan:
1. Uses permitted by right shall include uses permitted by right in the LI light industry district.
Sec. 29.2.2 By special use permit – Category I
The following uses shall be permitted only by special use permit provided that no separate application
shall be required for any use included on the approved application plan: (Amended 6 -28-95)
1. Uses permitted by special use permit in the LI light industry district;
2. Hotels, motels, inns (reference 9.4.2). (Added 6-28-95)
Sec. 29.2.3 By right – Category II
The following uses shall be permitted in any area designated as Category II on the approved application
plan:
1. Uses permitted by right shall include uses permitted by right in the LI light i ndustry district and the
HI heavy industry district.
Sec. 29.2.4 By special use permit – Category II
Uses by special use permit shall include uses permitted by special use permit in the LI light industry district
and the HI heavy industry district; provided that no separate application shall be required for any use
included on the approved application plan.
Sec. 29.3 Minimum area required for creation of district
Minimum area required for creation of a PD-IP district shall be fifty (50) acres; provi ded, however that when an
Formatted: Double underline
Formatted: Tab stops: 0.75", Left
Formatted: Indent: Left: 0.5", Hanging:
0.25", Tab stops: 0.75", Left
Attachment B
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30
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initial PD-IP district has been created, incremental additions to such district shall be permitted if such incremental
addition adjoins and forms a logical addition to the existing district.
Sec. 29.4 Number of permitted uses
The number of permitted uses shall not exceed the total number of acres within the district divided by ten (10).
Sec. 29.53 Additional requirements Structure height, setback, yard, development, use
In addition to requirements contained herein, the requi rements of sections 8.0 and 26.0 shall apply to all PD-IP
districts, except as hereinafter expressly provided. Any requirements of sections 26.0 and 29.0 shall be subject to
modification, variation or waiver as provided in section 8.0, planned development districts, generally. For such
areas as may be located on the perimeter of a PD-IP district, the commission shall be particularly mindful of the
intent to protect the character of adjoining development. In addition to materials required by section 8.5.1 , a
transportation analysis plan shall be submitted with the application for PD-IP district designation. Such plan shall
show: projected automobile and truck traffic generation; percent of truck traffic by type; internal and access point
turning movement; general alignments of internal roads; rights -of-way widths and roadway typical sections
including base strength designs; proposed improvements to the existing transportation network; percentage
estimate of traffic distribution to and from the site on external roads; bus and car pool programs, if any. The
phasing of improvements enumerated in this section shall be indicated on the plan.
The structure height, yard, setback, development, and use standards in sections 26.34, 26.45 and 26.56, 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)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted
by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded below, at a
regular meeting held on _________________________.
__________________________________
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd ____ ____
Mr. Dumler ____ ____
Ms. Mallek ____ ____
Mr. Rooker ____ ____
Mr. Snow ____ ____
Mr. Thomas ____ ____
Attachment C
Updated 2/14/13
By-Right Special Exception Special Use By-Right Special Exception Special Use
Office Uses in Industrial Districts
Intent sections to include statement that buildings in the
districts should be designed/built to meet industrial building
code standards
Industrial Office X X
Independent Office:
Existing and Vested Structures X X
New Buildings/ Building Expansions X X (subject to 26.2 e.)
Commercial Uses in Industrial Districts
Intent sections to include statement that buildings in the
districts should be designed/built to meet industrial building
code standards
Subordinate Retail Sales X (≤ 15%)X (≤ 25% of GFA)X (above 25% of GFA)
Supporting Commercial X (≤ 5%)X (≤ 25% of GFA)X (above 25% of GFA)
By-Right or SP Uses from CO, C-1 and HC ("General
Commercial"):
Existing and Vested Structures Most Not Permitted X (subject to 26.2 e.)
New Buildings/ Building Expansions Most Not Permitted Most Not Permitted
Residential Uses in Industrial Districts
1 dwelling unit; owners
or employees,
including night
watchmen
1 dwelling unit or
sleeping quarters;
owners or employees,
including security
officers, scientists &
lab technicians
Industrial Uses in Commercial Districts
Highway Commercial
Lab/Research &Dev/Experiment Testing Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Man/Processing/Assembly/Fab & Recycling Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Storage/Warehousing/Distribution/Transport Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
C-1
Lab/Research &Dev/Experiment Testing Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Man/Processing/Assembly/Fab & Recycling Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Storage/Warehousing/Distribution/Transport Most Not Permitted X
Commercial Office
Lab/Research &Dev/Experiment Testing Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Man/Processing/Assembly/Fab & Recycling Most Not Permitted X
Storage/Warehousing/Distribution/Transport Most Not Permitted X
GFA = gross floor area of freestanding building or multiple buildings on an industrial site.
Showing Current Ordinance vs. Proposed Ordinance for Office, Commercial and Residential Uses
Summary Table
Current Proposed
Doctor’s Office
By right
Proposed Current
Doctor’s Office
By right
Independent Office Uses in Industrial Districts
* Subject to factors outlined in Section 26.3
Special use
permit*
1)Existing building,
2)Grandfathered
property (PD-IP),
3)Properties vested
on/ before date of
adoption
New building, or
building expansion
ATTACHMENT D
Research lab
By right
Industrial Uses in Industrial Districts
Proposed Current
Research lab
Special
use
permit
ATTACHMENT D
Towing business
By right
Proposed Current
Towing business
Special
use
permit
Industrial Uses in Industrial Districts
ATTACHMENT D
Commercial
kennel
* Subject to factors outlined in Section 26.3
Commercial Uses in Industrial Districts
Proposed Current
Commercial
kennel
Special
use
permit*
Not
permitted
Not
permitted
Existing building New building
ATTACHMENT D
Biotech lab
Industrial Uses in Commercial Districts
Proposed Current
Biotech lab
Not
permitted
By right
≤ 4,000 sf > 4,000 sf
Special
exception
ATTACHMENT D
Commercial
cannery
Industrial Uses in Commercial Districts
Proposed Current
Commercial
cannery
Not
permitted
By right
≤ 4,000 sf
(HC & C-1)
> 4,000 sf
(HC & C-1)
Special
exception
(CO)
Special
use
permit
ATTACHMENT D
Package delivery
company
Industrial Uses in Commercial Districts
Proposed Current
Package delivery
company
Not
permitted
By right
≤ 4,000 sf
(HC)
> 4,000 sf
(HC)
Special
exception
(C-1 & CO)
Special
use
permit
ATTACHMENT D
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
MEMORANDUM
TO: File
FROM: Wayne Cilimberg, Director of Planning
DATE: December 21, 2012
RE: ZTA-2012-00013 Industrial Uses in the Commercial Districts
The Albemarle County Planning Commission, at its meeting on December 11, 2012, held a work session
to discuss the issues related to the proposed changes to the site plan review process.
ORDINANCE NO. 13-18( )
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-in window Drive-through Window: An accessory facility designed to provide access to commercial
products and/or services for customers remaining in their automobiles 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.
. . .
Medical center: Establishment wherein medical care is provided on an outpatient basis as distinguished
from a hospital or a professional office.
Article III. District Regulations
Sec. 20.3.1 By right
The following uses shall be permitted subject to the requirements and limitations of this ordinance
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.
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 rooms, libraries and the like.
6. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Servi ce
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law. Water, sewer, energy and communications distribution facilities. (Amended 5-
12-93)
7. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
8. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
9. Accessory uses and structures including home occupation, Class A (reference 5.2) and
storage buildings.
10. Homes for developmentally disabled persons 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. 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 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 expressly identified as a by
right use in the code of development or if the use is permitted in a determination by the zoning
administrator pursuant to subsection 8.5.5.2(c)(1):
1. Each use allowed by right or by special use permit in any other zoning district, 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. Electric, gas, oil and communication facilities, excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority. Except as otherwise expressly provided, central
water supplies and central sewerage systems in conformity with Chapter 16 of the Code
of Albemarle and all other applicable law 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 uses headquarters and temporary construction storage yards
(reference 5.1.18).
6. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies, public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water
and Sewer Authority (reference 5.1.12).
7. Tourist lodgings, where the district includes residential uses.
8. Homes for developmentally disabled persons 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 serving or associated with permitted uses.
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.
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 uses headquarters and temporary construction storage yards
(reference 5.1.118).
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. Medical centers.
21. Offices.
32. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.11 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, civic, fraternal, patriotic (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. Electric, gas, oil and communication facilities, excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority. Except as otherwise expressly provided, central
water supplies and central sewerage systems in conformanc e with Chapter 16 of the
Code of Albemarle and all other applicable law 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 and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated b y local, state or
federal agencies (reference 31.2.5); public water and sewer transmission main or trunk
lines, treatment facilities, pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference 31.2.5, 5.1.12).
13. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.11 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.
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 seventy (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-inthrough windows.
8. 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 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.
-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 be
similar to uses permitted by right in general character and more specifically, similar in terms of locational
requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning
administrator's decision shall be as generally provided in section 34.
a. The following retail sales and service establishments:
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.
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 by 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, civic, fraternal, patriotic (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).
17. Electric, gas, oil and communication facilities excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority Water, sewer, energy and communications
distribution facilities. (Amended 5-2-93)
18. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 1.2.5); public water and sewer transmission, main or trunk
lines treatment facilities, pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-9)
19. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
20. Dwellings (reference 5.1.21).
21. Medical center.
22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92)
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
24. Indoor athletic facilities. (Added 9-15-93)
25. (Repealed 5-5-10)
26. Stormwater management facilities shown on an approved final site plan or subdivision
plat.
(Added 10-9-02)
27. 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
pursuant to section 31.2.4:
1. Commercial recreation establishments including but not limited to amusement centers,
bowling alleys, pool halls and dance halls. (Amended 1-1-83)
2. 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 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 section 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
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-inthrough windows serving or associated with permitted uses. (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).
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 that twenty (20) percent of the floor
area 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 estabishments 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. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all oth er
applicable law Water, sewer, energy and communications distribution facilities. (Amended 5-
12-93)
8. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
9. Temporary construction uses 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)
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 supervisors.
(§ 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
pursuant to section 31.2.4:
1. Hospitals.
2. Funeral homes.
3. 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 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. Commercial uses otherwise permitted having dDrive-inthrough windows (Added 11-7-84)
6. School of special instruction. (Added 1-1-87)
7. Clubs, lodges, civic, fraternal, patriotic (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 section 18.0,
residential R-15. in compliance with regulations set forth therein and such conditions as may
be imposed pursuant to section 31.2.4. (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 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, civic, fraternal, patriotic (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.
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. Electric, gas, oil and communication facilities excluding tower structures an d including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law Water, sewer, energy and communications distribution facilities. (Amended 5-
12-93)
36. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
37. Temporary construction uses 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
establishment 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:
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. 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 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, and such conditions as
may be imposed pursuant to section 31.2.4.
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-inthrough windows serving or associated with permitted uses. (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. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority Water, sewer, energy and communications distribution facilities. (Amended 5-12-
93)
3. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
4. Temporary construction uses 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:
1. Commercial recreational establishment included but not limited to amusement centers,
bowling alleys, pool halls and dance halls. (Amended 1-1-83)
2. 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 Energy
and communications transmission facilities (reference 5.1.12).
3. Parking structures located wholly or partly above grade. (Added 11-7-84)
4. Drive-inthrough windows serving or associated with permitted uses. (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. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority Water, sewer, energy and communications distribution facilities. (Amended 5-12-
93)
3. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
4. Temporary construction uses 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)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as
recorded below, at a regular meeting held on _________________________.
__________________________________
Clerk, Board of County Supervisors
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as
recorded below, at a regular meeting held on _________________________.
__________________________________
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd ____ ____
Mr. Dumler ____ ____
Ms. Mallek ____ ____
Mr. Rooker ____ ____
Mr. Snow ____ ____
Mr. Thomas ____ ____
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA2012-013 Industrial Uses in Commercial Districts and
Minor Miscellaneous Revisions
SUBJECT/PROPOSAL/REQUEST:
To allow for Industrial Uses in the Commercial
District as well as other housekeeping and technical
changes.
STAFF CONTACT(S):
Cilimberg, McCulley, Kamptner, Baldwin, Stimart,
Newberry
LEGAL REVIEW: NO
AGENDA DATE:
December 11, 2012
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND
On October 23, 2012, the Planning Commission held a public hearing on ZTA2010-004 to update and amend the Light
and Heavy Industrial Uses. During approval of this ZTA, Staff noted that an additional ZTA will be brought forward at a
future Commission meeting to provide limited industrial uses within the commercial districts by-right. Those Commercial
Districts include the following: Commercial-1, Commercial Office, Highway Commercial, Planned Development Shopping
Center, Planned Development Mixed Commercial and commercial areas within Planned Unit Development.
This ZTA provides opportunities for the three new broad Industrial Use categories within the Commercial Districts. This
amendment also updates several use classifications that are no longer consistent with other sections of the Ordinance,
which were amended within the industrial districts with ZTA2010-004. Changes to further clarify and update the drive-
through window and medical center uses are also included. The original resolution of intent dated October 23, 2012 is
expected to be expanded and adopted on December 4, 2012.
DISCUSSION
As proposed with this ZTA, the broad industrial categories of Laboratories/Research and Development/Experimental
Testing, Manufacturing/Processing/Assembly/Fabrication and Recycling and Storage/Warehousing/Distribution may be
allowed by-right up to 4000 square feet depending on the commercial district. Establishments exceeding 4000 square feet
will be considered by special exception (see Attachment B).
There are several use classifications that are proposed to be updated within the industrial districts, such as Water, sewer,
energy and communication distribution facilities and group homes. This ZTA will update such use classifications within
the Commercial District. An additional ZTA is forthcoming that will update all use classifications in remaining districts.
A secondary purpose of this ZTA is to address the problematic use categories of Medical center and Drive-in window
because there are pending applications relying on this change. The Medical Center use category will be eliminated
because it is an outdated term and will fit under Medical office or Hospital. The Drive-in window use category will be
updated to Drive–through and further clarify that service from the car in a parking space is not a Drive-through window
use, which would otherwise require a special permit.
STRATEGIC PLAN
To encourage a diverse and vibrant local economy by implementing the County’s Economic Development Policy and
Economic Vitality Action Plan.
BUDGET IMPACTS
It is not anticipated that there will be any impact to the budget.
ATTACHMENTS
A. Resolution of Intent
B. Summary Table: Current vs. Proposed Ordinance in Commercial Districts
C. Ordinance Amendments
Return to exec summary
RESOLUTION OF INTENT
WHEREAS, one of the short-term priorities of the County’s Economic Development Policy is
to initiate zoning text amendments that further enable business and industrial uses in appropriate
zoning districts; and
WHEREAS, in implementing the County’s Economic Development Policy and the Economic
Vitality Action Plan, the Board has already adopted two zoning text amendments pertaining to
industrial uses (ZTA-2010-001 and ZTA-2010-002) and will soon be considering a third (ZTA-2012-
004); and
WHEREAS, it is now desired to consider amending the regulations in the Zoning Ordinance
pertaining to industrial uses in order to reflect current industrial technologies and their reduced
impacts, and to allow certain industrial uses to be allowed by right or by special use permit within the
commercial zoning districts, subject to suitable conditions, while at the same time preserving those
districts’ integrity; and
WHEREAS, in order to facilitate the administration of the Zoning Ordinance, it also is desired
to consider amending, adding and repealing certain definitions and amending and updating certain use
classifications in the commercial zoning districts so that they are consistent with the use as defined or
otherwise identified either in the Zoning Ordinance or in State law.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare and good zoning practices, the Albemarle County Planning Commission
hereby adopts a resolution of intent to amend the Zoning Ordinance, including sections 3.1, 20, 20A,
20B, 22, 23, 24, 25, 25A, and any other sections deemed appropriate, as described herein; and
BE IT FURTHER RESOLVED THAT this resolution of intent supersedes the resolution of
intent adopted by the Planning Commission on October 23, 2012; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing
on this resolution of intent, and return its recommendations to the Board of Supervisors at the earliest
possible date.
* * * * *
Return to exec summary
Proposed Summary Table:
Current vs. Proposed Ordinance in Commercial Districts
Current Proposed
By-Right Special Exception Special Use By-Right Special Exception Special Use
Industrial Uses in Commercial Districts*
Highway Commercial
Lab/Research &Dev/Experiment Testing Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Man/Processing/Assembly/Fab & Recycling Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Storage/Warehousing/Distribution/Transport Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
C-1
Lab/Research &Dev/Experiment Testing Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Man/Processing/Assembly/Fab & Recycling Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Storage/Warehousing/Distribution/Transport Most Not Permitted X
Commercial Office
Lab/Research &Dev/Experiment Testing Most Not Permitted X (≤4000 sq. ft.)X (above 4000 sq. ft.)
Man/Processing/Assembly/Fab & Recycling Most Not Permitted X
Storage/Warehousing/Distribution/Transport Most Not Permitted X
Draft: 11/29/12
1
ORDINANCE NO. 13-18( )
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-in window Drive-through Window: An accessory facility designed to provide access to commercial
products and/or services for customers remaining in their automobiles 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.
. . .
Medical center: Establishment wherein medical care is provided on an outpatient basis as distinguished from a
hospital or a professional office.
Draft: 11/29/12
2
Article III. District Regulations
Sec. 20.3.1 By right
The following uses shall be permitted subject to the requirements and limitations of this ordinance 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.
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 rooms, libraries and the like.
6. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law. Water, sewer, energy and communications
distribution facilities. (Amended 5-12-93)
7. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
8. Temporary construction uses headquarters and temporary construction storage yards (reference
5.1.18).
9. Accessory uses and structures including home occupation, Class A (reference 5.2) and storage
buildings.
10. Homes for developmentally disabled persons 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)
Draft: 11/29/12
3
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. 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 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 expressly identified as a by right use
in the code of development or if the use is permitted in a determination by the zoning administrator
pursuant to subsection 8.5.5.2(c)(1):
1. Each use allowed by right or by special use permit in any other zoning district, 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. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and owned
and operated by a public utility. Water distribution and sewerage collection lines, pumping
stations and appurtenances owned and operated by the Albemarle County Service Authority.
Except as otherwise expressly provided, central water supplies and central sewerage systems in
conformity with Chapter 16 of the Code of Albemarle and all other applicable law Water, sewer,
energy and communications distribution facilities.
Draft: 11/29/12
4
3. Accessory uses and buildings including storage buildings.
4. Home occupation, Class A, where the district includes residential uses.
5. Temporary construction uses headquarters and temporary construction storage yards (reference
5.1.18).
6. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies, public water
and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like,
owned and/or operated by the Rivanna Water and Sewer Authority (reference 5.1.12).
7. Tourist lodgings, where the district includes residential uses.
8. Homes for developmentally disabled persons 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 serving or associated with permitted uses.
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).
Draft: 11/29/12
5
7. Convenience stores.
8. Department stores.
9. Drug stores, pharmacies.
10. Factory outlet stores, clothing and fabric.
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.
Draft: 11/29/12
6
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 uses headquarters and temporary construction storage yards (reference
5.1.118).
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. Medical centers.
21. Offices.
32. Temporary construction uses headquarters and temporary construction storage yards (reference
5.1.11 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, civic, fraternal, patriotic (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. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and owned
and operated by a public utility. Water distribution and sewerage collection lines, pumping
stations and appurtenances owned and operated by the Albemarle County Service Authority.
Except as otherwise expressly provided, central water supplies and central sewerage systems in
Draft: 11/29/12
7
conformance with Chapter 16 of the Code of Albemarle and all other applicable law 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 and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority
(reference 31.2.5, 5.1.12).
13. Temporary construction uses headquarters and temporary construction storage yards (reference
5.1.11 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.
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 seventy (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.
Draft: 11/29/12
8
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-inthrough windows.
8. 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 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.
Draft: 11/29/12
9
-Paper products such as die-cut paperboard and cardboard, sanitary paper products, bags and
containers.
-Photographic equipment and supplies including processing and developing plant.
-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 be similar to uses permitted
by right in general character and more specifically, similar in terms of locational requirements, operational
characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as
generally provided in section 34.
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
Draft: 11/29/12
10
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.
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 by 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, civic, fraternal, patriotic (reference 5.1.02).
Draft: 11/29/12
11
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).
17. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and owned
and operated by a public utility. Water distribution and sewerage collection lines, pumping
stations and appurtenances owned and operated by the Albemarle County Service Authority
Water, sewer, energy and communications distribution facilities. (Amended 5-2-93)
18. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
1.2.5); public water and sewer transmission, main or trunk lines treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority
(reference 31.2.5; 5.1.12). (Amended 11-1-9)
19. Temporary construction uses headquarters and temporary construction storage yards (reference
5.1.18).
20. Dwellings (reference 5.1.21).
21. Medical center.
22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92)
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
24. Indoor athletic facilities. (Added 9-15-93)
25. (Repealed 5-5-10)
Draft: 11/29/12
12
26. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
27. 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 pursuant to
section 31.2.4:
1. Commercial recreation establishments including but not limited to amusement centers, bowling
alleys, pool halls and dance halls. (Amended 1-1-83)
2. 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 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 section 18.0, residential - R-
15, in compliance with regulations set forth therein, and such conditions as may be imposed pursuant
to section 31.2.4.
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-inthrough windows serving or associated with permitted uses. (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).
14. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
Draft: 11/29/12
13
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 requirement s 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 that twenty (20) percent of the floor area 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 estabishments 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. Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
Draft: 11/29/12
14
16 of the Code of Albemarle and all other applicable law Water, sewer, energy and communications
distribution facilities. (Amended 5-12-93)
8. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
9. Temporary construction uses 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)
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 supervisors.
(§ 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 pursuant to
section 31.2.4:
1. Hospitals.
2. Funeral homes.
3. 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 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. Commercial uses otherwise permitted having dDrive-inthrough windows (Added 11-7-84)
Draft: 11/29/12
15
6. School of special instruction. (Added 1-1-87)
7. Clubs, lodges, civic, fraternal, patriotic (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 section 18.0, residential R-
15. in compliance with regulations set forth therein and such conditions as may be imposed pursuant
to section 31.2.4. (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 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, civic, fraternal, patriotic (reference 5.1.02).
Draft: 11/29/12
16
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.
28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30. Eating establishment; fast food restaurants.
Draft: 11/29/12
17
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. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise
expressly provided, central water supplies and central sewerage systems in conformance with Chapter
16 of the Code of Albemarle and all other applicable law Water, sewer, energy and communications
distribution facilities. (Amended 5-12-93)
36. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
37. Temporary construction uses 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
Draft: 11/29/12
18
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 establishment 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:
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. 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 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, and such conditions as may be imposed pursuant
to section 31.2.4.
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-inthrough windows serving or associated with permitted uses. (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)
Draft: 11/29/12
19
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. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority Water, sewer, energy
and communications distribution facilities. (Amended 5-12-93)
3. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
4. Temporary construction uses 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:
1. Commercial recreational establishment included but not limited to amusement centers, bowling
alleys, pool halls and dance halls. (Amended 1-1-83)
2. 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 Energy and communications
transmission facilities (reference 5.1.12).
3. Parking structures located wholly or partly above grade. (Added 11-7-84)
Draft: 11/29/12
20
4. Drive-inthrough windows serving or associated with permitted uses. (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. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines,
transformers, pipes, meters and related facilities for distribution of local service and owned and
operated by a public utility. Water distribution and sewerage collection lines, pumping stations and
appurtenances owned and operated by the Albemarle County Service Authority Water, sewer, energy
and communications distribution facilities. (Amended 5-12-93)
3. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping
stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11-1-89)
4. Temporary construction uses 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)
Return to exec summary
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
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1
Albemarle County Planning Commission
December 11, 2012
The Albemarle County Planning Commission held a public hearing on Tuesday, December 11, 2012, at
6:00 p.m., at the County Office Building, Auditorium, Second Floor, 401 McIntire Road, Charlottesville,
Virginia.
Members attending were Ed Smith, Bruce Dotson, Don Franco, Thomas Loach, Richard Randolph,
Russell (Mac) Lafferty, Vice Chairman, and Calvin Morris, Chairman. Julia Monteith, AICP, Senior Land
Use Planner for the University of Virginia was absent.
Other officials present were Sarah Baldwin, Senior Planner; Brent Nelson, Planner; Amelia McCulley,
Director of Zoning/Zoning Administrator; Ron Higgins, Chief of Zoning; Wayne Cilimberg, Director of
Planning; Sharon Taylor, Clerk to Planning Commission; and Greg Kamptner, Deputy County Attorney.
Call to Order and Establish Quorum:
Mr. Morris, Chair, called the regular meeting to order at 6:00 p.m. and established a quorum.
ZTA-2012-00013 Industrial Uses in the Commercial Districts
Amend Secs. 3.1, Definitions, 20.3.1, By right, 20.3.2, By special use permit, 20A.6, Permitted uses,
20B.2, Permitted uses, 22.2.1, By right, 22.2.2, By special use permit, 23.2.1, By right, 23.2.2, By special
use permit, 24.2.1, By right, 24.2.2, By special use permit, 25.2.1, By right, 25.2.2, By special use permit,
25A.2.1, By right, 25A.2.2, By special use permit; of Chapter 18, Zoning, of the Albemarle County Code.
This ordinance would amend the regulations by updating terminology for several use classificatio ns in all
of the above-referenced sections; deleting the “medical center” use classification in the Downtown Crozet
(20B.2) and Commercial (22.2.1) districts with the use to be absorbed into the “office” or “hospital”
classifications; adding Laboratories/Research and Development/Experimental Testing and
Manufacturing/Processing/Assembly/ Fabrication and Recycling as by right uses up to 4000 sq. ft. and
requiring a special exception to exceed 4000 sq. ft. (22.2.1) and adding
Storage/Warehousing/Distribution/Transportation as a special use (22.2.2) in the Commercial district;
adding Laboratories/Research and Development/Experimental Testing as a by right use up to 4000 sq. ft.
and requiring a special exception to exceed 4000 sq. ft. (23.2.1) and adding
Manufacturing/Processing/Assembly/ Fabrication and Recycling and Storage/Warehousing/Distribution/
Transportation as special uses (23.2.2) in the Commercial Office district; and adding
Laboratories/Research and Development/Experimental Testing, Manufacturing/Proc essing/Assembly/
Fabrication and Recycling and Storage/Warehousing/Distribution/Transportation as by right uses up to
4000 sq. ft. and requiring a special exception to exceed 4000 sq. ft. (24.2.1) in the Highway Commercial
district. These uses would also be allowed in those planned districts (20A.6, 25.2.1, 25A.2.1 and 25A.2.2)
that cross-reference uses allowed in the commercial districts. A copy of the full text of the ordinance is on
file in the office of the Clerk of the Board of Supervisors and in the D epartment of Community
Development, County Office Building, 401 McIntire Road, Charlottesville, Virginia. (Sarah Baldwin)
Sarah Baldwin presented a PowerPoint presentation and summarized the staff report.
The primary purpose of this ZTA is to provide lim ited industrial uses in the commercial districts. Staff is
also proposing minor technical changes, which will be discussed later. The Planning Commission
recently recommended approval of the broad industrial category of laboratories, research and
development and experimental testing, manufacturing, processing, assembling, fabrication, recycling,
storage, warehousing, distribution, and transportation. Staff is now proposing that these categories be
allowed by right in commercial districts up to 4,000 squa re feet and above 4,000 square feet by special
exceptions and in some circumstances by special permit. Storage and warehousing above 4,000 square
feet in C-1 and CO will be allowed by special use permit. Manufacturing in CO above 4,000 square feet
would also be by special use permit. The table depicts the current and proposed changes that staff is
suggesting.
There are also use classifications that were previously updated and changed in other sections of the
ALBEMARLE COUNTY PLANNING COMMISSION – DECEMBER 11, 2012
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ordinance. For consistency staff is suggesting that they get updated in the commercial districts as well.
Staff is also proposing to update and clarify the definition for drive in window to drive through window.
This would be to clarify that parking in a space is not considered a drive through w indow and does not
require a special use permit. They are also suggesting that medical center be deleted because it has
proven to be problematic. They have other definitions such as office or hospital that are clearer in what
that definition is.
Staff recommends approval of the resolution of intent and zoning text amendment. It was inadvertently
left out of the executive summary. So the wording is as shown in the presentation.
Mr. Morris invited questions for staff.
Mr. Lafferty asked if a bicycle could ride up to a drive through window and be serviced.
Ms. Baldwin replied that she did know that they have contemplated that. But, they certainly can.
Mr. Cilimberg pointed out that he had seen people walk up to a drive through window. Therefore, he was
sure that someone could drive up on a bicycle.
Mr. Lafferty suggested removing motor from the motor vehicles because the bicycle is considered a
vehicle.
Mr. Smith noted most drive through windows have signs saying no walk up traffic. So if you are riding a
bicycle you would be good to go. He suggested it say drive by window instead of drive through.
Mr. Morris opened the public hearing and invited public comment. There being none, the public hearing
was closed and the matter before the Planning Commission.
Mr. Cilimberg noted that Ms. Baldwin had one clarification for the record.
Ms. Baldwin pointed out that storage warehousing distribution in C-1 is actually by special use permit.
There is no by right square footage.
Mr. Cilimberg said under commercial office there are two other uses that would only be by special use
permit. It is based on their nature in those particular districts.
Mr. Kamptner pointed out the reason the definition of drive through window uses the term motor vehicle is
they are trying to standardize a lot of the terminology in the zoning ordinance. If you go through the
zoning ordinance over the years the word automobile, auto, car, vehicle, and motor vehicle all been used.
Motor vehicle is the term they have went with. The definition really just requires that it be designed for
motor vehicles. There is certainly nothing there that prohibits anyone from walking through or riding a
bicycle through in order to use the drive through. It is only the design element that i s being defined in the
definition.
Mr. Lafferty explained the reason he was sensitive to that is because in the State law it states following
too close to another motor vehicle. That means that one could follow too close to a bicycle. If it said
motor vehicle one could run right up on a bicycle and be inches away and still be complying with the State
law. That is the reason he brought it up.
Ms. Baldwin asked for a recommendation from the Planning Commission.
Motion: Mr. Dotson moved and Mr. Franco seconded to recommend approval of the Resolution of Intent
(Attachment A) and approval of ZTA-2012-00013 Industrial Uses in the Commercial Districts (Attachment
C).
The motion passed unanimously by a vote of 7:0.
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Mr. Morris noted that a recommendation for approval of ZTA-2012-00013 Industrial Uses in the
Commercial Districts would be forwarded to the Board of Supervisors for the February 13 meeting.
Mr. Dotson commented that he found it a little hard to follow the district regulations because in some it did
not say what the district was. He suggested on page 4 where they list all the by right and special use
permit uses that they could put in parenthesis what the district is by that section. That would make it
easier to read.
(Recorded and transcribed by Sharon C. Taylor, Clerk to Planning Commission & Planning Boards)
ZTA-2012-00013
Attachment C - Draft: 11/29/12
ORDINANCE NO. 13-18( )
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-in window Drive-through Window: An accessory facility designed to provide access to commercial
products and/or services for customers remaining in their automobiles 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.
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. . .
Medical center: Establishment wherein medical care is provided on an outpatient basis as distinguished
from a hospital or a professional office.
Article III. District Regulations
Sec. 20.3.1 By right
The following uses shall be permitted subject to the requirements and limitations of this ordinance
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.
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 rooms, libraries and the like.
6. Electric, gas, oil and communication facilities, excluding tower structures and including po les,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law. Water, sewer, energy and communications distribution facilities. (Amended 5-
12-93)
7. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
8. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
9. Accessory uses and structures including home occupation, Class A (reference 5.2) and
storage buildings.
10. Homes for developmentally disabled persons Group homes (reference 5.1.07).
11. Stormwater management facilities shown on an approved final site plan or subdivision
plat.(Added 10-9-02)
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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. 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 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 expressly identified as a by
right use in the code of development or if the use is permitted in a determination by the zoning
administrator pursuant to subsection 8.5.5.2(c)(1):
1. Each use allowed by right or by special use permit in any other zoning district, 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. Electric, gas, oil and communication facilities, excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority. Except as otherwise expressly provided, central
water supplies and central sewerage systems in conf ormity with Chapter 16 of the Code
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of Albemarle and all other applicable law 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 uses headquarters and temporary construction storage yards
(reference 5.1.18).
6. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies, public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water
and Sewer Authority (reference 5.1.12).
7. Tourist lodgings, where the district includes residential uses.
8. Homes for developmentally disabled persons 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 developmen t:
1. Each use allowed by right or by special use permit in any other zoning district.
2. Drive-through windows serving or associated with permitted uses.
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.
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8. Department stores.
9. Drug stores, pharmacies.
10. Factory outlet stores, clothing and fabric.
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.
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35. Retail nurseries and greenhouses.
36. Service stations.
37. Sporting goods sales.
38. Tailors and seamstresses.
39. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.118).
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. Medical centers.
21. Offices.
32. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.11 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, civic, fraternal, patriotic (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. Electric, gas, oil and communication facilities, excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority. Except as otherwise expressly provided, central
water supplies and central sewerage systems in conformance with Chapter 16 of the
Code of Albemarle and all other applicable law 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.
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12. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 31.2.5); public water and sewer transmission main or trunk
lines, treatment facilities, pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference 31.2.5, 5.1.12).
13. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.11 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.
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 seventy (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-inthrough windows.
8. 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 Energy and communications transmission facilities (reference 5.1.12).
9. Hospitals.
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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.
-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.
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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 be
similar to uses permitted by right in general character and more specifically, similar in terms of locational
requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning
administrator's decision shall be as generally provided in section 34.
a. The following retail sales and service establishments:
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.
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.
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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 m ay exceed 4,000 square feet per site by special exception
approved by 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, civic, fraternal, patriotic (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).
17. Electric, gas, oil and communication facilities excluding tower structures and including
poles, lines, transformers, pipes, meters and related facilities for distribution of local
service and owned and operated by a public utility. Water distribution and sewerage
collection lines, pumping stations and appurtenances owned and operated by the
Albemarle County Service Authority Water, sewer, energy and communications
distribution facilities. (Amended 5-2-93)
18. Public uses and buildings including temporary or mobile facilities such as schools,
offices, parks, playgrounds and roads funded, owned or operated by local, state or
federal agencies (reference 1.2.5); public water and sewer transmission, main or trunk
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lines treatment facilities, pumping stations and the like, owned and/or operated by the
Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-9)
19. Temporary construction uses headquarters and temporary construction storage yards
(reference 5.1.18).
20. Dwellings (reference 5.1.21).
21. Medical center.
22. Automobile, truck repair shop excluding body shop. (Added 6-3-81; Amended 9-9-92)
23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
24. Indoor athletic facilities. (Added 9-15-93)
25. (Repealed 5-5-10)
26. Stormwater management facilities shown on an approved final site plan or subdivision
plat.
(Added 10-9-02)
27. 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 pursuant to
section 31.2.4:
1. Commercial recreation establishments including but not limited to amusement centers,
bowling alleys, pool halls and dance halls. (Amended 1-1-83)
2. 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 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 section 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
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)
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10. Drive-inthrough windows serving or associated with permitted uses. (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).
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 that twenty (20) percent of the floor
area 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 estabishments 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)
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-Barber shops; (Added 8-5-09)
-Beauty shops. (Added 8-5-09)
7. Electric, gas, oil and communication facilities, excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Al bemarle and all other
applicable law Water, sewer, energy and communications distribution facilities. (Amended 5-
12-93)
8. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
9. Temporary construction uses 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)
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 supervisors.
(§ 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
pursuant to section 31.2.4:
1. Hospitals.
2. Funeral homes.
3. 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 Energy
and communications transmission facilities.
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4. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11 -7-84;
Amended 2-5-03)
5. Commercial uses otherwise permitted having dDrive-inthrough windows (Added 11-7-84)
6. School of special instruction. (Added 1-1-87)
7. Clubs, lodges, civic, fraternal, patriotic (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 section 18.0,
residential R-15. in compliance with regulations set forth therein and such conditions as may
be imposed pursuant to section 31.2.4. (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 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 l ocational
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, civic, fraternal, patriotic (reference 5.1.02).
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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.
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).
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34. Wholesale distribution.
35. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law Water, sewer, energy and communications distribution facilities. (Amended 5-
12-93)
36. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agenc ies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
37. Temporary construction uses 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 exc eption 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
establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
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(§ 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:
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. 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 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 s ection 18.0,
residential - R-15, in compliance with regulations set forth therein, and such conditions as
may be imposed pursuant to section 31.2.4.
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-inthrough windows serving or associated with permitted uses. (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)
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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. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority Water, sewer, energy and communications distribution facilities. (Amended 5-12-
93)
3. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
4. Temporary construction uses 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:
1. Commercial recreational establishment included but not limited to amusement centers,
bowling alleys, pool halls and dance halls. (Amended 1-1-83)
2. 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 Energy
and communications transmission facilities (reference 5.1.12).
3. Parking structures located wholly or partly above grade. (Added 11-7-84)
4. Drive-inthrough windows serving or associated with permitted uses. (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:
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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. Electric, gas, oil and communication facilities excluding tower structures and including poles,
lines, transformers, pipes, meters and related facilities for distribution of local service and
owned and operated by a public utility. Water distribution and sewerage collection lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority Water, sewer, energy and communications distribution facilities. (Amended 5-12-
93)
3. Public uses and buildings including temporary or mobile facilities such as schools, offices,
parks, playgrounds and roads funded, owned or operated by local, state or federal agencies
(reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment
facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)
4. Temporary construction uses 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)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as
recorded below, at a regular meeting held on _________________________.
__________________________________
Clerk, Board of County Supervisors
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as
recorded below, at a regular meeting held on _________________________.
__________________________________
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd ____ ____
Mr. Dumler ____ ____
Ms. Mallek ____ ____
Mr. Rooker ____ ____
Mr. Snow ____ ____
Mr. Thomas ____ ____
Attachment A
RESOLUTION OF INTENT
WHEREAS, one of the short-term priorities of the County’s Economic Development Policy is to
initiate zoning text amendments that further enable business and industrial uses in appropriate zoning
districts; and
WHEREAS, in implementing the County’s Economic Development Policy and the Economic
Vitality Action Plan, the Board has already adopted two zoning text amendments pertaining to industrial
uses (ZTA-2010-001 and ZTA-2010-002) and will soon be considering a third (ZTA-2012-004); and
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WHEREAS, it is now desired to consider amending the regulations in the Zoning Ordinance
pertaining to industrial uses in order to reflect current industrial technologies and their reduced impacts,
and to allow certain industrial uses to be allowed by right or by special use permit within the commercial
zoning districts, subject to suitable conditions, while at the same time preserving those districts’ integrity;
and
WHEREAS, in order to facilitate the administration of the Zoning Ordinance, it also is desired to
consider amending, adding and repealing certain definitions and amending and updating certain use
classifications in the commercial zoning districts so that they are consistent with the use as defined or
otherwise identified either in the Zoning Ordinance or in State law.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a
resolution of intent to amend the Zoning Ordinance, includi ng sections 3.1, 20, 20A, 20B, 22, 23, 24, 25,
25A, and any other sections deemed appropriate, as described herein; and
BE IT FURTHER RESOLVED THAT this resolution of intent supersedes the resolution of intent
adopted by the Planning Commission on October 23, 2012; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on this
resolution of intent, and return its recommendations to the Board of Supervisors at the earliest possible
date.
* * * * *
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