The URL can be used to link to this page

Home My WebLink AboutCLE202200033 Other 2022-03-25Albemarle County, VA Code of Ordinances Sec. 26.2 -Permitted primary and accessory uses and structures; prohibited uses and structures. about:blank (Formerly Application, Repealed 4-3-13) Uses and structures within the industrial districts are permitted as follows: a. Primary uses and structures.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 1 4 ). 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 1 of 8 2/25/2022, 738 AM Albemarle County, VA Code of Ordinances about:blank 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 SP BR SP BR (reference 5.1.15). Storage/Warehousing/Distribution/Transportation* BR BR BR BR Airports. SP SP SP SP Heavy equipment and heavy vehicle parking and storage SP BR SP BR ya rd s. 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 SP BR SP BR 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. Wholesale businesses where there may be the storage of SP BR SP BR 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. 2 of 8 2/25/2022, 738 AM Albemarle County, VA Code of Ordinances about:blank Laboratories/Research and Development/Experimental Testing BR BR BR BR Offices** Independent offices; within structure existing or vested on or before April 3, 2014. BR BR BR BR Independent offices; within structure not established or not vested until after April 3, 2014. SP SP SP SIP Independent offices; within expanded portion of structure where expansion not established or not vested until after April 3, 2014. SP SIP SP SIP 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 SIP Fire, ambulance and rescue squad stations (reference 5.1.09). BR BR BR BR Personal wireless service facilities, Tier I (reference). BR BR BR BR Personal wireless service facilities, Tier 11 (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 3 of 8 2/25/2022, 738 AM Albemarle County, VA Code of Ordinances about:blank Water, sewer, energy, communications distribution facilities BR BR BR BR (reference 5.1.12). 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 SP SP SP SP (references 1,27). Temporary industrialized buildings (reference 5.8). BR BR BR BR Commercial Uses** Uses permitted by right or by special use permit in the SP SP SP SP Commercial (C-1), Commercial Office (CO) and Highway Commercial (HC) districts (collectively, "general commercial uses" as used in section 26.3) not otherwise expressly authorized by this section either by right or by special use permit; within structure existing or vested on April 3, 2013. Farmers' markets conducted in a permanent structure SP SP SP SP established after May 5, 2010 (reference5.1.47). Farmers' markets conducted outdoors or within a temporary BR BR BR BR or a permanent structure existing on May 5, 2010 (reference 5.1 47). Hotels, motels, inns. SP SP SP SP 4 of 8 2/25/2022, 738 AM Albemarle County, VA Code of Ordinances about:blank Outdoor storage, display and/or sales serving or associated SP SP SP SP 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 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. Subordinate retail sales for any use permitted by right; use BR BR BR BR does not exceed 25% of the gross floor area of the primary industrial use. Subordinate retail sales for any use permitted by right; use SE SE SE SE exceeds 25% of the gross floor area of the primary industrial use. Supporting commercial; use does not exceed 25% of the gross BR BR BR BR floor area of the freestanding building or multiple buildings on an industrial site. Supporting commercial; use exceeds 25% of the gross floor SE SE SE SE area of the freestanding building or multiple buildings on an industrial site. Parking** Parking structures, as part of an occupied structure (reference BR BR BR BR 4.12, 5.1.41). 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 5 of 8 2/25/2022, 7:38 AM Albemarle County, VA Code of Ordinances about:blank Uses Not Served By Public Water or Public Sewer** Uses permitted by right in the Light Industry (LI) or Heavy SP SP SP SP Industry (HI) districts, not served by public sewer, involving anticipated discharge of sewage other than domestic wastes. Uses permitted by right in the Light Industry (LI) or Heavy SP SP SP SP Industry (HI) districts, not served by public water, involving water consumption exceeding 400 gallons per site acre per day. Miscellaneous Dwellings and sleeping quarters, on -site (reference 5.1 21). BR BR BR BR Fill areas (reference5.1, 28) BR BR BR BR Waste areas (referenced 1.28) BR BR BR BR *Applies to all uses within this use classification, as defined, except for those uses expressly identified in unshaded text below that use classification. **Heading is for organizational purposes only and is not a use classification. BR: The use is permitted by right. SP: The use is permitted by special use permit. SE: The use is permitted by special exception. N: The use is not permitted. b. Planned industrial parks and proffered industrial districts approved prior to April3, 2013. Within the following planned industrial parks and proffered industrial districts, the uses permitted by right, by special use permit, and by special exception shall be as follows: 1. Uses in planned industrial parks. The uses permitted by right and by special use permit in any planned development -industrial park (PD-IP) district approved prior to April 3, 2013, any industrial park approved as a planned development prior to December 10, 1980 are 6 of 8 2/25/2022, 7:38 AM Albemarle County, VA Code of Ordinances those uses permitted by right and by special use permit in effect when the zoning map about:blank amendment was approved and those uses delineated in subsection (a), regardless of any election made for a planned development district under subsections 8.55.5 2(a) and (b). 2. Uses in proffered industrial districts. The uses permitted by right and by special use permit on any site within an industrial district for which proffers either specifying or prohibiting particular uses were accepted prior to April 3, 2013, are those uses permitted by right and by special use permit in effect when the zoning map amendment was approved and those uses delineated in subsection (a), provided that any use not allowed by right or by special use permit by a proffer shall be prohibited. 3. Certain non -industrial uses in planned industrial parks and proffered industrial districts. In the planned industrial parks and proffered industrial districts delineated in subsections (b)(1) and (2), no supporting retail sales or subordinate commercial use that would exceed the by right thresholds in subsection (a) shall be expanded without a special exception as required by subsection (a). c. Accessory uses and structures. Accessory uses and structures are permitted within each industrial district, subject to the following: 1. When accessory use is permitted. No accessory use is permitted until the primary use to which it is accessory has been established. 2. When accessory structure is permitted. No accessory structure is permitted until either construction of the primary structure or the primary use to which it is accessory has commenced. 3. Prohibited accessory uses and structures. Parking structures, stand alone parking and drive -through windows are permitted only as provided in subsection (a) and not otherwise as accessory uses. The storage of sludge or toxic wastes, or both, is prohibited as an accessory use; provided that the temporary storage of sludge or toxic wastes awaiting proper disposal is a permitted accessory use. d. Prohibited primary uses and structures. The following uses and structures are prohibited as primary uses within each industrial district: 1. Incinerators. The establishment or use of an incinerator. 2. Manufacture of certain products. The manufacture of acetylene gas, acid, ammonia, bleaching powder, chlorine, detergent and cleaning preparations made from animal fats, explosives, fireworks, fish meal, nitrogenous tankage, paints, varnish, shellac that requires distillation or heating ingredients, vinegar that is not derived from an agricultural product, phosphates, and turpentine. Sludge. The storage of sludge. 7 of 8 2/25/2022, 7:38 AM Albemarle County, VA Code of Ordinances 4. Toxic wastes. The disposal or storage of toxic wastes regulated under the federal Toxic about:blank Substances Control Act (15 U.S.C. § 2601 etseq.), provided that placing toxic wastes for their lawful collection and disposal by a third party is not prohibited. (§ 26.2, Ord. 13-18(1a, 4-3-13; § 26.3, 12-10-80; 11-7-84; Ord. 18-18-(1), 1-10-18) 8 of 8 2/25/2022, 7:38 AM