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HomeMy WebLinkAboutZTA201200013 Action LetterCOUNTY 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 Drove- in K4pdo ^ 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 narking space. (Added 11 -7 -84) Establishment: A public or private institution or a place of business. Article III. District Regulations Sec. 20.3.1 By right The following uses shall be permitted subject to the requirements and limitations of this 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. GWRed arid operated by a publiG Utility. Water distrib6itiOR and sewerage GelleGtieR IiRes, PUMPORg statiE)Rs arid appuFteRaRGeS GWRed arid operated by the Albemarle GGURty SeFViGe Authority. EXGept as E)thepN'se expressly provided, GeRtral water supplies arid GeRtral sewerage systems OR GE)RfE)rmaRGe with Chapter 16 of the Gede of Albemarle arid all othe appliGable law-. Water, sewer, energy and communications distribution facilities. (Amended 5- 12-93) 7. Public uses arid b6i4ld*RgE; iricluding temporary or mobile facilities such as schools, offices, parks, playgrounds and reads funded, owned or operated by local, state or federal agencies faGilities, pUMpiRg stations and the like, owned andier operated by the RivaRRa Water arid 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. u ^m°° f &VelOpMeRta" y disable d p8rGGRG 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, purnping stations and appurtenances; unmanned telephone exchange centers; micro 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): 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. 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 !ones, purnping stations and appurtenances owned and operated by the Albemarle County Service Authority. Except as otherwise expressly provided, central Water SUPPIOGS and GeRtral SeWeFage SYSteMS iR GE)Rfermity with Chapter 16 ef the Cede of Albernarle and all other annlioahle lava 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 5.1.181. 6. Public uses and b6imi Jima inGluding temporary o mobile facilities s -Gh as SGhr)r,lo effioes arks nlaygreunds and reads f. lRded o ed o operated by lecal state o and Sewer n„fherif„ (reference 5.1.12). Tourist lodgings, where the district includes residential uses. Homes for developmentally disabled persona 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 ° „+o,_ ,.fith n ., fitted , 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. 206.2 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 storaae yards (reference 5.1.14-8). 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: . MedfcareeeierS. 2-1. Offices. 32. Temporary construction uses headquarters and temporary construction storaae 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, GiViG, fraternal patrietiG (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. rolleGtion lines PUMPORg stations and a p Urtenanr•es o ed and operated by the water supplies and GeRtral sewerage Systems 'R GE)RfE)rmaRGe with Chapter 16 of the Code of Albemarle and all other applicable la 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 lMRes' treatment n I.Aiater o Ri„ana an, t ce,., r 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 -+through windows. 8. F='eGtF*eal power substatioRs, traRE;PA*,.;,.;*A-.p lines; and related W-wers; gas or Genters; MOGFO wave and radie wave traRSMOSSOOR and relay towers, substatiORs and ^p rt n RGes 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 patriot, (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. Albemarle GGURty SeFVi a utherity Water, sewer, energy and communications distribution facilities. (Amended 5 -2 -93) 18. Public uses , OffiG86, parks, playgFeundds and rA-adE; f6lRded, owned or epeFated by local, state G 'F o4v_;;n a 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). 22 1 nno.� , �i GeRtor 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 SeGti„r, 31.24: 1. Commercial recreation establishments including but not limited to amusement centers, bowling alleys, pool halls and dance halls. (Amended 1 -1 -83) 2. Enerav 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, may be im ed n are ++n non +inn Z1 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. Drive44throuah windows ° ^^ ^1 sGGiated with permitted uses. (Added 11 -7 -84; 01 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) Electric, gas, oil and communication facil ties, excluding tower structures and including poles, lines, transformers, pipes, meters and re facilities for distribution of local service and Autherity. EXGept as ethepNise expressly provided, GeRtral water supplies and GeRtral sewerage systems OR GGRfermaRGe with Chapter 16 ef the Code of Albemarle and all othe appliGable 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 pumping stations and the like, owned and/or operated by the Rivanna Water and facilities, 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 Sewer Authority (reference 3- 1 -.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 1. Hospitals. 2. Funeral homes. 3. Electrical power substations, transrn*,.;,.;*A-.p lines and- related- W-wers; gas er A-il trapsmissi Enerav 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 r,,., ., o.,,�� , A- thep.yise permitted having .Drive -in% muh windows (Added 11 -7 -84) 6. School of special instruction. (Added 1 -1 -87) 7. Clubs, lodges, GiViG, fraternal pair,„+,,. (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- GA-.PditiGRs as may be imposed p aRt to GeGtiGR 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, GiViG, fraternal pair,„+,,. (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. , owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and o rote d by the Albemarle County Service Authority. Except as othe. --V ---- ly provided, Gentral water supplies and central sewerage systems iR conformance with Chapter 16 ef the Code of Albemarle and all othe applicable law Water. sewer, energy and communications distribution facilities. (Amended 5- 12-93) 36. Public uses and h ild'Rgo inGludinn temporary nr mobile facilities r rah as SGhnnlo nffiGeS parks, playgFG61Rds and reads f6lRded, owned or operated by IGGal, state er federal agenGies (referenGe 31.2.5); publiG water and sewer traRSMissien, maiR OF tFURk IiReS, treatment Sewer o', thorit" (reference 3- 1 -.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 ra o transmission and relay towers substations and appurtenances Eneray 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- ii4throuah windows SGGiated with permitted , . (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. , fAr Authority Water, sewer, energy and communications distribution facilities. (Amended 5 -12- 93) 3. Public uses and h ilrJ'RgS iRGIudiRg temporary er mobile facilities r rah as SGhr,r,lo GffiGeS parks, playgFE)6lRds and reads f6lRded, GWRed or operated by IGGal, state E)F federal ageRGies Sewer Autherity (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. Enerav and communications transmission facilities (reference 5.1.12). 3. Parking structures located wholly or partly above grade. (Added 11 -7 -84) 4. Drive- inthrouah winclowsserving or aSSOGNated with permitted , (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. , GWRed and operated by a publiG Utility. Water distrib6itiOR and sewerage GelleGtieR liRes, Autherat Water, sewer, energy and communications distribution facilities. (Amended 5 -12- 93) 3. Public uses parks, playgrA----Pd-,-; apd- FA-ads f6lRded, 9wRed or operated by IGGal, state A-.r fedderal ageRG486 (reference 31 .2.5); public -;;Ad- s,-Q1.AVP-.F traRIGIT1.41161164E)R, maiR OF tFURk "Res, treatmeR Sewer Authe -ty (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 Ave Nay Mr. Boyd Mr. Dumler Ms. Mallek Mr. Rooker Mr. Snow Mr. Thomas Attachment A Clerk, Board of County Supervisors 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. 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 1, 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 n, i,,,e iti .. iH ,.• Drive - through Window: An accessory facility designed to provide access to commercial products and/or services for customers remaining in their awes motor vehicle, provided that this term does not include providing services to customers remaining in their motor vehicle while it is narked in a narking space. (Added 11 -7 -84) Establishment: A public or private institution or a place of business. Draft: 11/29/12 Article III. District Regulations Sec. 20.3.1 By right The following uses shall be permitted subject to the requirements and limitations of this o chanter: 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. , eper-4ed by a publie ttfilit-y. Water- distfibtAien a-ad sewer-age ealleetion lines, pumping stations and &Epr-essly provided, eef4fal water- supplies and eentfal sewer-age systems in eonfofmanee with Chapte 16 of the Code of Albemar-le and all other- appheable law. Water, sewer, energy and communications distribution facilities. (Amended 5- 12 -93) 7. Public uses , playgrounds a-ad r-eads funded, owned of: epefa4ed by Weal, state or- fedeFa4 ageneies (fef�feaee stations and the like, owned and/or- ap Rivafma Water- and Sewer- AtAer-i (reference 345; 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 f r developme ta4ly disabled pe s Groun 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) 2 Draft: 11/29/12 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. ; , pumping stations and appurtenanees; umnanned telephone exehange eenters; i ad radio wave tr-ansmission and relay towers, s4stations and apptn4eaan 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. , lines, tFansfe eter-s and r-eWed f4eilities for- distfibt4ion of Weal sen4ee and owned eeafefmity with Chapter- 16 of the Code of Albemarle and all othef appheable 1 Water, sewer. energy and communications distribution facilities. Draft: 11/29/12 Accessory uses and buildings including storage buildings. 4. Home occupation, Class A, where the district includes residential uses. Temporary construction uses headquarters and temporary construction storage yards (reference 6. Public uses , owned and sewer tr iain or tvaik lines, treatment faeilities, pumping stations and the lik-el .,, d/o she Riya,,,., Water and Sewer Authority ity (reference 5.1.121. 7. Tourist lodgings, where the district includes residential uses. Homes for- deve epmef4all y disabled pefse s Group homes, where the district includes residential uses. 9. Tier I and Tier 11 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: Each use allowed by right or by special use permit in any other zoning district. 2. Drive - through windows . — ieeiated with p°.. nitt °a uses. 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) See. 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). 4 Draft: 11/29/12 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. E Draft: 11/29/12 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 aces headquarters and temporary construction storage yards (reference 5.1.148). 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: -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, (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. , lines, > Exeept as other-wise expf:essly pf:evided, eefAFalm wa4er- supplies and eepAr-al sewer-age systems 0 Draft: 11/29/12 „f ,..,,.,,,,.o with Chapter 16 of the r ode of Albemarle and all other- applicable i 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 ;,,hiding tempe -a+:y mobile f eilities s ,,.ti as s,.i,eels e ffiees pafk-s > > 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 aces 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. 7 Draft: 11/29/12 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- inthroueh windows. 9. Rleetfieal power- substations, transmission lines and related towers; gas or oil transmission lines, radio wave transmission and relay towers, s4st4ions a-ad Energy 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 -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. 0 Draft: 11/29/12 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/Assemblv/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, eivie, (Fate a , pat -ieti . (reference 5.1.02). 10 Draft: 11/29/12 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. , a-ad eper-a4ed by a publie utility. Water- distribution and sewer-age eelleetion fin , , I . — stations and apptH4ena-nees owned and operated by the Albemafle County Sep'40-v -411thAvity Water, sewer, energy and communications distribution facilities. (Amended 5 -2 -93) 18. Public uses , 1.2.5); publie water- and sewer- tfansmis i I tflink lines tfea4ment f4eilifies, pumping stations and the like, owned andlor- operated by the Rivanna Watef and Sewer- Authority (reference 345; 5.1.12). (Amended 11 -1 -9) 19. Temporary construction uses headquarters and temporary construction storage yards (reference 5.1.1. 20. Dwellings (reference 5.1.21). 21. TRedie, l een4ef. 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) 11 Draft: 11/29/12 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 °etio 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. , wave transmission a-ad relay towers, s4stations and apptit4enan 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, to seetio., 31,24. 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 -eia* °a with „°:mitte 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) 12 Draft: 11/29/12 15. Storage/ Warehousing /Distribution/Transnortation. (§ 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. , operated by a publie titility. Water- distfibtAiea a-ad sewer-age eelleetion lines, ptHnpiag stations a-ad e)q3r-essly provided, eepAfa4 wa4er- supplies and eentfal sewer-age systems in eenfefmanee with ChapteF 13 Draft: 11/29/12 16 of the Code ef Albemarle a-ad a4l other- appheab! Water, sewer, energy and communications distribution facilities. (Amended 5- 12 -93) 8. Public uses and buildings including temporary or mobile f4eilities sueh as seheels, effiees, parks, playgrounds and r-eads ftinded, owned or- oper-a4ed by ieeal, state or- federal ageneies (refereflee 31.2.5); p4lie water a-ad sewer- tfafisrnis i triwik lines, treatment f4eilifies, purnping stations and the like, owned and/or operated by the Riva*na Water aad Sewer AiAerity (reference 31.2.5; 5.1.12). (Amended 11 -1 -89) 9. Temporary construction aces 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 seetion 31.2.4: 1. Hospitals. 2. Funeral homes. lines, 3. -Eleetfieal power substations, transmission lines a-ad related towers; gas or- oil tfarismission wave *,.,arms.,, and relay towers , substations and a tH4enaa s Energy_ and communications transmission facilities. 4. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11 -7 -84; Amended 2 -5- 03) 5. Drive- ithrough windows (Added 11 -7 -84) 14 Draft: 11/29/12 6. School of special instruction. (Added 1 -1 -87) 7. Clubs, lodges, eivie, fraternal, patrietie (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 sue sueh conditions as y be imposed nt to seetior 21.'. ^. (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, eivie, ffatefaa , „^ *r-iet ^ (reference 5.1.02). 15 Draft: 11/29/12 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. 16 Draft: 11/29/12 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. , transformers, pipes, meters and related facilities for distribution of leeal service and owned operated by a publie tAility. Water distfibi4ioa and sewer-age eelleetion lines, pumping stations and expressly provided, central water- supplies and central sewer-age systems in confeffnanee with Chapte 16 of the Code of Albemarle and all other applieable4 v_- Water. sewer, enerQV_ and communications distribution facilities. (Amended 5- 12 -93) 36. Public uses , playgr-oti*ds and reads funded, owned or- operated by leeal, state or- federal ageneies (r-efer-enee stations and the like, evffied an&er- operated by the Rivanna Water- a-Rd Sewef A**Or-it (reference 345; 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 11 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 Bross floor area of the establishment may exceed 4.000 square feet per site by special exception approved by the board of supervisors. 48. Manufacturin rocessin 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 17 Draft: 11/29/12 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: 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. , pumping stations and apptR4ena-nees; unmanned telephone exehange eepAer-s, i ad radio wa-ve t-r-ansimission and relay towers, substations and appw4enan 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 sueh sue ^ nditi fis as y be imposed p M* to seetio„ 3114, 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 window se iwing or- asseei4ed with pei:mW °a 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) 18 Draft: 11/29/12 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. , tr-ansfefmer-s, pipes, meter-s and related f4eilities for- distr-ibution of leea4 setwice a-ad owned a eper-aed by a publie titility. Water- distribtAian and sewer-age ealleetion lines, ptimping stations and apptH4enanees owned and operated by the Albemarle County Sefviee AtAher-it-y Water, sewer. enerav and communications distribution facilities. (Amended 5- 12 -93) 3. Public uses , playgr-eunds and reads funded, owned or operated by leeal, state or- federal ageneies (referenee 31.2.5); publie wa4er- and sewer- t-r-ansmis i tflink lines, tr-Mment f4eilities, pumping stations and the like, owned and/or- operated by the Rivanna Wa4er- and Sewer- Authority (reference 345; 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(l), 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. , wa-ve *,..arms., aaa relay towers substa4ions and apptn4enan Energy and communications transmission facilities (reference 5.1.12). 3. Parking structures located wholly or partly above grade. (Added 11 -7 -84) 19 Draft: 11/29/12 4. Drive -i* through windows se n,ing or- associated with pe mitte t ° . (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. , eper-4ed by a publie titility. Watef distribtAian and sewer-age ealleetion lines, pumping stations a-ad apptn4eaa*ees owned .,,,a opefated by the Albemarle County Se fviee n &tho -ity Water, sewer. enerev_ and communications distribution facilities. (Amended 5- 12 -93) 3. Public uses playgrounds and r-eads funded, owned or- operated by Weal, state E)r- federal ageneies (r-efer-enee 31.2.5); publie water- and sewer- tfansmis i tnink lines, tfea4mefft f4eilities, punaping stations a-ad the like, evffied andler- operated by the Rivanna WateF a-ad Sewer- AuthoFit (reference 345; 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; l 1 -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 Aye — Nay Mr. Boyd Mr. Dumler Ms. Mallek Mr. Rooker Mr. Snow Mr. Thomas Clerk, Board of County Supervisors 20 Proposed Summary Table: Current vs. Proposed Ordinance in Commercial Districts Current Proposed By -Right Special Exception Special Use By -Right Special Exception Special Use ndustrialUses in Commercial Districts* Hiehway 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 Is= M C -1 Most Not Permitted X ( <4000 sq. ft.) X (above 4000 sq. ft.) I I I 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 Commercial Office Most Not Permitted X 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