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Home My WebLink AboutZTA200600001 Legacy Document 2007-07-16 (2)ZONING TEXT AMENDMENT: ZTA 2006 -01 Country Stores June 26, 2007 Section 3, Definitions: Country Store: An establishment whose total building(s) area is four thousand (4,000) square feet or less which offers for sale a wide variety of retail goods and services; may include residential use within a structure used as a country store if the residential component occupies 50% or less of the structure in square feet. The total square feet of the residential use is limited to 2,000 square feet or 50% of the total area devoted to Country store use, which ever is less. Interior seating for restaurants shall be limited to 10% of the total square footage of the country store use; an additional 10% shall be allowed as exterior seating. Accessory food sales may include but are not limited to luncheonettes, snack bars, or refreshment stands. Country Store, Class A: Existing country store building, unchanged exterior and site configuration (except as permitted by Section 30, Overlay Districts) re- established in its original use as a country store. Country Store, Class B: Existing country store building, unchanged exterior and site configuration (except as permitted by Section 30, Overlay Districts) re- established as a use other than country store. Country Store, Class C: Expanded country store building and / or site for re- establishment of a country store or a new use. Country Store, Class D: New country stores and country store land use or re- establishment of a country store use in an existing historic (50 years or older) country store footprint; store building must have been lost on or before the date of the adoption of this ordinance. Section 10.4, Area and Bulk Regulations: Amend 10.4 to exclude Country Stores Class C, and D (re- established in historic footprint only) in the RA. The location and extent of the footprint of an historic (50 years or older) country store and accessory buildings shall be confirmed the Director of Planning or designate. Country store setbacks for additions to store buildings under Country Store Class C and Country Store Class D in an existing historic (50 years or older) footprint only shall be determined by minimum site distance. Country stores Class D with new use and building only shall not be exempt from 10.4. Chapter 16, Wastewater and Water Systems; Chapter 18, Section 4.1.3: Alternatives to well water as the primary source of potable water in the RA: "...and other approved water sources; for rainwater harvesting systems refer to the Environmental Protection Agency for standards" to be added appropriately. Chapter 18, Section 30, Overlay Districts: Country Stores Overlay District Intent: The Comprehensive Plan's Rural Areas Plan identifying the protection of historic, archeological and cultural resources as a guiding principle for the Rural Areas. In addition, the Historic Preservation Committee presented "Position Statement on Albemarle County's Historic Country Stores" (May 6, 2003) further prompting the Board of Supervisors to direct staff to propose ways to improve and preserve Albemarle's country stores not only as an historic and cultural resource, but as an integral part of Albemarle's rural crossroads communities. The Rural Areas Plan states that a strong rural economy is one of the elements of the County's vision for the Rural Areas; the Rural Area Guiding Principles encourage the support of localized rural economies and rural land uses providing rural landowners with economic viability. Currently a large number of country stores throughout the County are threatened or have been lost. The country stores overlay district is intended to ensure the remaining country stores continue to play an essential role in the culture, economy, and historic legacy of Albemarle County. Application: The country stores overlay district shall be comprised of all parcels located outside the designated development areas of the County. Permitted uses: By -right - The following uses shall be permitted by right in the country stores overlay district: o All uses authorized by -right in the underlying districts o Country Store Class A; provided one detached single family residence shall be allowed on the same parcel as a country store (reference miscellaneous regulations) By special use permit - The following uses may be authorized within the country stores overlay district by special use permit: o All uses authorized by special use permit in the underlying districts o Country Store Class B (reference miscellaneous regulations) o Country Store Class C (reference miscellaneous regulations) o Country Store Class D (reference miscellaneous regulations) Exemptions: Country Store Class A shall not be subject to 32.7.2.7, 32.7.2.8, 32.7.9.8 and EC Overlay District provisions. Country Store Class B shall not be subject to 32.7.2.8, 32.7.9.8 and EC Overlay District provisions. Country Store Class C shall not be subject to 10.4, 32.7.2.8 and EC Overlay District provisions. Country Store Class D shall not be subject to 32.7.2.8. Country Store D re- established in existing historic (50 years or older) country store footprint only, shall not be subject to 10.4. Country Store Class A, B, C, and D re- established in existing historic (50 years or older) country store footprint only shall not be subject to 4.1.2 and 4.1.3. Building and Site Character: Rehabilitation or alteration of country store Class A, Class B, Class C, and the re- establishment of country store Class D within existing historic (50 years or older) country store footprint(s) shall be according to the Secretary of the Interior Standards for Rehabilitation and guided by the Director of Planning or designate. The review of all signs associated with country store Class A, Class B, Class C, and the re- establishment of country store Class D within historic (50 years or older) country store footprint (s) shall be according to the National Park Service's Preservation Brief #25, The Preservation of Historic Signs and guided by the Director of Planning or designate. Existing lighting regulations shall apply to country store Class A, B, C, and D. In reviewing existing entrances the director of planning shall, after consultation with the County engineer, give particular attention to prioritizing provisions for safe and convenient access from and to the public road in order to allow for the retention of existing site character; sight distance shall be the primary focus when reviewing existing entrances. No use of existing entrances shall be approved until the Virginia Department of Transportation approves the access to the site. In reviewing existing paving and parking conditions the director of planning shall, after consultation with the county engineer, give particular attention to reducing the number of required parking spaces, minimizing strictly designated parking spaces, and retaining existing parking surfaces and / or allowing for alternative parking surfaces appropriate in rural contexts. Miscellaneous Regulations: During the review of a special use permit the Board of Supervisors may authorize the sale of gasoline if the sale of gasoline is limited to two nozzles or less. Sale of other fuels is not limited. When conventional septic systems are not possible due to well / septic conflicts or restricted sites, septic systems with NSF 40 certification approved by the Virginia Department of Health are accepted for use on country store sites. Any pretreatment systems shall require Health Department approval of maintenance procedures and schedules.