HomeMy WebLinkAboutZTA200900018 Legacy Document 2010-04-27STAFF: Wayne Cilimberg, Arnelia McCulley and Johnathan Newberry
PLANNING COMMISSION: April 6, 2010
BOARD OF SUPERVISORS: May 5, 2010
ZTA_:. ZTA 2009 -018 Farm Stands, Farm Sales, Farmers Markets
ORIGIN: Board of Supervisors' Resolution of Intent adopted October 7, 2009
(Attachment A).
PROPOSAL- Amend the Albemarle County Zoning Ordinance to provide additional
markets for the sale of local agricultural products and merchandise, while meeting basic
technical requirements to assure public health and safety_ This will better meet the
intent of the County's Rural Area Plan and the Rural Areas Zoning District.
PUBLIC PURPOSE TO BE SERVED: Two of the guiding elements of the County's
vision for rural Albemarle Counter, as expressed in the Comprehensive Plan's Rural
Areas Plan, are. "A strong agricultural and forestal economy, with large unfragmented
parcels of land on which to produce their goods, opportunities to gain value from
processing their awn produce, and access to local markets" and "Plans, policies and
decision making that consider and protect rural economies and ecological processes_
One of the guiding principles of the Comprehensive Plan's Rural Areas Plan is to
"Provide support to local and agricultural and forestal economies and connect local
producers and consumers of local rural products." This ordinance amendment will
expand the opportunities for the sale of local farm products_
BACK ROUND: This issue arose initially as a result of a zoning complaint about the
unapproved off -site sale of farm products at a County location. This case highlighted
the fact that while farmers can sell products at their farm, it may not be a good location
from which to sell to their customers. This case further revealed the fact that the
permitted off -site or off -farm locations for a farmer to sell products are relatively limited
in our Zoning Ordinance, Therefore, the current Ordinance provisions are not
adequately meeting our Comprehensive Plan goals for the sale of local produce.
On December 1 Cth, we held a public roundtable to solicit input on this ordinance
amendment. The roundtable was attended by a group with diverse agricultural
endeavors ranging from those growing and selling raw fruits and vegetables to those
who produce value -added products and those who raise and produce beef, poultry and
the like_ With their valuable input, we made significant revisions to the draft proposal,
(See Roundtable Input and Revisions Resulting from Roundtable Input attachments to
the January 19'h Commission work session report found in Attachment B.)
On January 19'h, we held a work session with the Commission to both introduce the
issue and to resolve five {} issues (see Attachment C for the action from this meeting).
The Commission's direction on these and several other issues is incorporated into the
recommended Ordinance language (Attachment D).
Both in response to a Commissioner's question and in order to establish the necessary
zoning review I approval process, we met with the Health Department and discussed
related issues on several occaslons. They have clarified their role versus that of the
Virginia Department of Agriculture. Generally, the Health Department is involved in
approving the handling and /or preparation of prepared foods. The Department of
Agriculture is involved in the sale of certain types of foods and/or products. Neither is
very concerned with the sale of whole, uncut fresh fruits and vegetables or commercially
packaged products_ We are streamlining our zoning approval process so as to involve
these agencies as necessary for our approval only when certain activities (such as food
preparation) will occur or when certain food products will be sold at the farm sales site-
We have forwarded the Ordinance information to the farm stand participants in addition
to a copy of the zoning clearance application. We encourage interested parties to begin
working with us towards an approval that can occur as soon as practical, once the
Ordinance is adapted_ This Ordinance is now scheduled for a May 51h public hearing
with the Board of Supervisors _
STAFF COMMENT:
In summary, the three uses proposed for the sale of agricultural products and
merchandise are:
1 _ Farm Stand: Off -site or off-fa rrn sale of Local agricultural products and
merchandise (grown in abutting Localities, no accessory merchandise sales) for
an owner / leasee of farmland in Albemarle County_ This will permit off -site sales
as a by -right use. This (off -site sales) use is not ou rre n tly permitted in these
districts, except for example within a country store;
Farm Sales: On-site sale of agricultural {products and merchandise, with
subordinate sales of accessory merchandise;
. Farmer's Market: Exterior sales (and/or interior sales) by one or more farmers
for off -site sales of agricultural products and merchandise, with subordinate sales
of accessory merchandise_
Our approach with this Ordinance was to discuss, address and resolve the various
uses, processes and requirements in concept prior to reviewing draft ordinance
language_ This was to assist us in the process of assessing and discussing alternatives
without focusing on ordinance language_ Therefore, the ordinance language I details
are worked out after the work session and prior to public hearing. With each step in this
ordinance amendment process, we list revisions from the last public meeting_ The
recommended Ordinance reflects the following clarifications and/or revisions from the
Commission work session;
1 _ Review /Approval Process- in accordance with the Commission's direction, the
Ordinance establishes a process for notice to neighbors prior to action on a by-
right application_ (See Section 5.1.47 a ),
2. Subordinate Items for Sale; based on the Commission's guidance, we did not list
a specific floor area, sales percentage or other restriction for these subordinate
sale items, We all acknowledged that trying to codify this with Ordinance
!1
language can be problematic and we will move forward with the current
language, We changed the term from "subordinate sales" to "accessory
merchandise." Within those allowed items, we added "handmade crafts" and
"hand tools for gardening_" The handmade crafts are to specifically permit items
such as jewelry, as was discussed in the work session_ Hand tools for gardening
will for example, allow the sale of tool's that area needed for certain types of
mushroom gardening.
3. Technical Requirements —Access Road and Parking Spaces: there are no
specific design requirements such as paved travel ways, parking, etc. Instead,
there are no rninimum requirements except for those unusual cases which
warrant some improvement for "safe ingress and egress to and from the site,
safe vehicular and pedestrian circulation on the site and the control of dust."
(Section 5,1.47 d 3)
4. Off -site ignage: For all those districts in which agriculture is a by -right use, off -
site signs will be allowed by -right rather than by special use permit. As a means
of processing them, these off -site signs will be subject to a sign permit,
5, Fanners' Market: We added this as a use permitted in the Heavy Industry
district. A farmers' market will be allowed by -right in the Light Industry and
Heavy Industry districts either within an existing building or in a parking area. If a
new building is proposed for the use, a special use permit will be required. This
(special use permit) requirement is in light of our efforts to preserve the Industrial
districts for industrial uses_ It will allow further review prior to the construction of
new permanent structures-
6. Provision for Setback Reduction. As recommended by staff in work session, this
allows a side or rear setback to be reduced with the written consent of the
adjacent property owner. (Section 5.1.47 c 1)
7. Display of County Approval at Site: The draft zoning clearance application asks
that applicants keep the approved clearance onsite for customers or others to
identify that they have obtained the neoessary County approval,
In addition to those issues discussed in work session with the Commission, staff has
proposed the following revisions;
1. Fee Reduction — Of the three uses proposed to accommodate the sale of
agricultural products, only farmers markets in certain cases will require a special
use permit. Those cases requiring a special use permit are a farmers market in
the Rural Afeas, the Monticello Historic District, Tillage Residential or Residential
Districts, and the Light Industry and Heavy Industry Districts when new
permanent buildings will be constructed. Without specific Ordinance
amendment, this special use permit would require a $980 fee_ Recognizing that
this use serves our Comprehensive Plan goals, staff recommends that we
provide a subsidized fee such as is provided for small day care centers and
home business special use permits. The recommended ordinance sets the fee
at $490 or half of the regular cornmercial special use permit foe_ The
Commission and Board may chose to further subsidize this fee to be equal to
4
that of the minor amendment to a special use permit ($110). That would
consider the reduced review involved because in many cases in which farmers
markets will be located where there is existing infrastructure (entrance, parking,
etc_) to serve the use.
. Setbacks: We proposed reducing the required setback to that required for
construction of a new structure, where the proposed farm sales setback would
otherwise have been greater_
This Ordinance will be reviewed by the three () criteria previously established by the
Board for amendments:
Adminis tration I Review Process: This Ordinance will reduce administration and
review process in several respects. While we hope and expect there to be more
applications due to the increased opportunities provided, the approval process will be
reduced J streamlined in several respects. The Farm sales use in the Rural Areas is
changing from a special permit use to a by -right use. In addition, the submittal
requirements have been reduced in almost all cases, from a site plan requirement to
that of a sketch plan that can be completed by an applicant and does not require an
engineer or other professional. The technical approval criteria are also significantly
reduced from that of a typical commercial site plan with paved travel ways and parking,
drainage structures, landscaping and the Dice — to a confirmation that the Virginia
Department of Transportation has approved the entrance and that any earth
disturbance complies with the later Protection Ordinance. The approval process for all
the by -right uses (which includes the vast majority of these provisions) is an
administrative process with notice to neighbors prior to approval (See Section 5.1 .47 a
).
Housing Affordability: Staff cannot identify any impacts on housing affordability,
Implications to Staffing I Staffing Costs: Staff does not anticipate that this Ordinance
will result in measurable impacts to staffing.
STAFF RECOMMENDATION: Staff recommends adoption of the draft ordinance found
in Attachment D.
Attachment A;
Resolution of intent
Attachment B;
January 19, 2010 Planning Commission Work Session Report with
Attachments
Attachment :
Planning Commission Action of January 19th
Attachment D:
Recommended Ordinance Language
Attachment E:
Matrix Comparing Current to Proposed Ordinance Provisions and
Showing Changes
Attachment F;
Matrix Showing Proposed Ordinance
RESOLUTION OF INTENT
WHEREAS, two of the guiding elements of the County's vision for rural Albernarle County, as
expressed in the Comprehensive Plan's Rural Areas Plan, ore_ "A strong agricultural and forestal
economy, with large unfrag mented parcels of land on which to produce their goods, opportunities to
gain value from processing their own produce, and access to local markets' and "Plans, policies and
decision making that consider and protect rural economies and ecological processes", and
WHEREA , one of the guiding principles of the Comprehensive Plan's Rural Areas Plan is
to "Provide support to IocaI acrd agricultural and forestal economies and connect local producers and
consumers of local rural products "; and
WHEREAS, it is desired to amend the Albemarle County Zoning Ordinance to expand the
opportunities for the sale of local farm products.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare and goad zoning practices, the Board of Supervisors hereby adopts a
resolution, of intent to amend Zoning Ordinance §§ 4. 5 and 10 and any other sections of the Zoning
Ordinance determined to be appropriate to achieve the purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing
on the zoning text amendment proposed by this resolution of intent, and make its recommendation
to the Board of Supervisors, at the earliest possible date.
* *4. *.
I, EIIa W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of a Resolution
duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of six to zero, as
recorded below, at a regular meeting held on October 7, 2009,
Clerk, Board of County Supervisors
ATTACHMENT
5
Ave May
Mr_ Boyd
Mr_ Dorrier
Y
Nis, Mallek
Y
Mr. Rooker
`i` _
Mr. Slutzky
Y
Ms. Thomas
Clerk, Board of County Supervisors
ATTACHMENT
5
7
' KIN
BOUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: ZTA 2009 -018 Farm Stands_
Farm Sales, Farmers Markets
SUBJEUTf PROPOSAUREQUEST;
Work Session- Review and Discussion of New
Provisions for the Sale of Locally Grown Agri Cultural
Produce and Merchandise
STAFF: McCulley, Newberry, Cilimberg. McDowell
and Kamptner
PLANNING COMMISSION DATE; January 19,
2010
BACKGROUND: The limitations of the current Zoning Ordinance provisions for the sale of locally grown agricultural
produce were brought to the Board's attention as a result of a recent zoning complaint regarding the off -Site sale of farm
products at the intersection of Garth Road and Free Union Road. As a result. the Board adopted a resolution of intent at
their meeting on October 7, 2009 (Attachment A).
The intent of this amendment is to provide additional markets for the sale of local agricultural products and merchandise,
while meeting basic technical requirements to assure public health and safety. The current regulations pertaining to the
sale of farm products in the Rural Areas pre -date the adoption of the Rural Areas Plan in 2005_ Two of the guiding
elements of the County's vision far rural Albemarle County, as expressed in the Rural Areas Plan are: "A strong
agricultural and forestall economy, with large unf rag mented parcels of land on which to produce their goods, opportunities
to gain value from processing their own produce and access to local markets" and "Plans, policies and decision - making
that consider and protect the rural economies and ecological processes." One of the guiding principles of the Rural Areas
Plan is to "Provide support to loyal and agricultural and forestall economies and connect local producers and consumers
of local rural products."
On December 1 Q`h, staff held a public roundtable to solicit input after providing a draft proposal and focus questions for
discussion. Attachment B provides a brief summary of comments received from various interests at the roundtable.
Since that time, staff has incorporated several fairly significant revisions to the proposal which are responsive to the
comrnents received at the roundtable Revisions made by staff since the roundtable are listed in Attachment O-
DISQQSSION: (Please refer to Attachment D: Chart Showing Overall Changes — Current to Proposed
The proposed amendments establish three (3) distinct uses to permit the sale of local agricultural products and
merchandise. The term "agricultural product" is intentionally very broad and includes meat. eggs and other products. The
term "agricultural merchandise' includes value -added products which are made from raw agricultural products, such as
jelly, salsa, hummus and the like_ In summary, the three uses for the sale of agricultural product and merchandise are:
1 Farm Stand: {By -right in Rural Areas (RA), Monticello Historic District (M HD) and Village Residential (VR)) Off -
site sale of local agricultural products and merchandise (grown in abutting localities with no subordinate sales) for
an owner f lessee of farmland in Albemarle County. This expansion of the - wayside stand" will permit off -site
sales as a by -right use, sonnething that is not currently permitted in these districts, except within a country store
It also expands the use frank the safe of produce grown exclusively in AlbernaHe to now include produce grown in
abutting localities, This farm stand provision increases the maximum size allowances of a wayside stand Ifrom
600 to 1500 square feet for new permanent structures while eliminating any size limitations on a) temporary
structures such as tents or b) area within existing buildings;
2. Farm Sales: {By -right in RA, MHD and VR) On -site sale of agricultural products and merchandise, with
subordinate sales of non- agNcuIturat merchandise. This changes the use from one by special use permit to a use
by -right and expands it into the VR district. This farm sales provision also increases the maximum size of new LP
Attachment J5
attachment
R SOLUTION OF INTENT
Page 1 of 1
- - - --- WHEREAS, two. of-the guiding elements cif the County'' -s uision. for rural A1bcrnarlt County,_as expressed -.
in the Comprehensive Plan's Rural Areas Plan, are, "A strong agricultural and forestal economy, with large
an Fragmented parcels of lead on which to produce their goods, opportunities to gain value from processing their
own produce, and aocess to local markets" and "plans, policies and decision making that consider and protect
rural economies and ecological processes ", and
- WHEREAS, one of the guiding principles of the Comprehensive Plan's ]fora] Areas Plan is to "Provide
support to local and agrioultural and forestal economies and connect local producers and consumers of local rural
products "; and
%VMREAS, it is desired to arn"d tht Albemarle County Zdning Ordinance is expand the opportunities
.or the sale of local farm products-
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenienct,
gtneral we] fare and good toning practices, the Board of Supervisors hereby adopts a resolution of intent to amend
Zan iFig Ordinance §§ A. 5 and 10 and any other seotions of the Zoning Ordinance determined to be appropriate to
achieve tht purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission sWI hold a public hearing on the
zoning text amendment proposed by this resolution of intent. and make its recommendation to the Board of
Supervisors, at the tnrkest possible date.
RetuI I 10 MeC SurnrnaTv
ATTACHME=NT A
fi1e;11C.Tocurnents and ettingsljnewberrylDesktoplattachrnent .htm 111 112010
I
permanent structures from 1500 to 4()00 square feet while eliminating any size limitations on a) temporary
structures Such as tents or b) area within existing buildings;
Farmer's Market. (Sy -right to Planned Unit Development Commercial (PUD -U), Planned Development Shopping
Center (PD C). Planned Development Mixed Commercial (PDM ) _ Highway Cornmercial (HC). Commercial (C 1),
Downtown Crozet District (DCO). Neighborhood Model District (NMD), lommercial Office (CO), Light Industry (LI)
and By S P in FAA, MHD, VIA and Residential Districts} Exterior sales (andlor interior sales within existing building)
by one or more farmers for off -site sales of agricultural products and merchandise, with subordinate sales of non-
agricultural merchandise. This adds the use by -right in the NMD, C0 and L districts and by S P in MHD_ VR and
Residential districts.
In an effort to meet Corn p rehen s i ve Plan goals of providing for and promoting these users, the typical Ordinance
requirements for a commercial use are being rninimized to include only those that are necessary to meet State
requirements and to serve public health and safety. The technical requirements to be met for all of these uses
include.
• VDOT approval of the entrance — a State requirement;
+ Health Department approval (when applicable) — a State requirement;
Provision of parking spaces -- reduced standards in numbers of spaces to be provided from the current
requirements. The current proposal does not include construction standards for the spaces or the travel
ways leading to them from the public road. Therefore, for example, these uses could be served by a
gravel road and parking area;
Setbacks for parking and any sales area - proposed from adjoining properties and public roads
Tha submittal requirements and review process are proposed to be reduced from the current process. Where a
site plan is currently required for a wayside stand (on -site agricultural sales), only a sketch plan will be necessary.
Where a full site plan is required for a farmers market, a site plan waiver is now proposed With the exception of
tine farmers market by special use permit_ the approval process is proposed to tie administrative w ithout adjacent
owner notice.
Focus Questions for the Commission:
1 ReviewfApprovaI Process: Staff proposes that the by -right uses be an entirely administrative process.
We further recommend that these reviews not involve adjacent owner notice. If the Commission has
concerns about this proposal_ we could follow the current process for farm worker housing, allowing
adjacent owner notice and their right to request Commission review.
Subordinate Items for Sale: This provision is perhaps the most difficult area to enforce and will be
critical in limiting the uses as proposed. We do not want this determination to relate to the percentage of
sales or floor area because it becomes problematic for staff and intrusive to business owners. We
propose using an explicit and restrictive definition that will allow staff the ability to use discretion in the
field. If the Corn mission has any input on this issue, we welcome it.
3. Technical requirements — Access Road and Parking Spaces:. Staff's proposal does not include
requirements for a specific surface (pavement, gravel, etc.) Gravel or pavement would only be required
when the County Engineer recommends that it is necessary to control dust, prevent drainage or erosion
problems, and keep mud tracking to a minirnum. Because this lack of a minimum standard is generally
unprecedented in the current Ordinance requirements for businesses, we would like to know tf the
Commission has any concerns about this proposal.
4. Off -site sig nag e: Consumers wilt need to be able to easily find these locations in the Rural Areas. The
Ordinance currently provides for two agricultural product signs (up to 32 sq. ft. total) to be placed on -site
without a permit. With few exceptions. off -site signs are permuted only by a special use permit. In this
case, staff proposes that agricultural product signs now be allowed off-site and by right for Farm Stands
and Farm Sales. This signage would be subject to a 1 other sign ordinance requirements.
RECOMMENDATION.
Once it is drafted, set thm ordinance for public hearing with the Commission and Board as soon as practical.
ATTACHMENTS:
A= Resolution of Intent
9; Roundtable Input
C; Summary of Revisions Resulting from Roundtable Input
D: Chart Showing Overall Changes — Current to Proposed Ordinance
Attachment B
Roundlable Input
12 -10 -09
Structure sire:
* Limit it at all? Existing structures should be excluded from this regulation
* Larger For farm Stands - - 1.000 sq. 11. won't work for smaller -scale farmers
* 4.000 sq, f1. for ]farm S aIes, just as it is in VOF easement language
* Setbacks apply to permanent and temporary structures and begin from the edge of the dedicated right -
of -Way
• Limiting structure sire does help keep the items related to agricultural (a bigger building needs more
sales)
Seasonal
* Sale need to be year- round? Greenhouse producers arc working all year
e Ruvcrs arc detached from scasonality cif I(Ws
Local.
* Sellers at I-armcr's Markets currently sign their names to a document stating that all of their products
are local
* Do we limit it at all?
* Produce and regulate labels for ag. products that come from Albemarle County.
* 100 mile radius
* Statewide
e Albemarle County and adjoining localities
• Regional planning districts
* Prool of count y residency required
* Local and Iresh foods ensure that the food is "nutritionally complete"
Additional approvals:
• VDOT. Commercial entrances, driveway standards, increase in trips/traffic for successful sales
* VDACS: Sanitation. restrooms for value -added products
* A brochure or designatcd staff person assigned to explain all the necessary approvals
ubordinatc; sales:
• Possible additional definitions. ancillary sales. value -added products. agricultural products.
subordinate sale
* 0 ff- season sale of subordinate products are critical to year -long economic viability
* Allow subordinate sales at Farm Stands
* Provide Ior other farmers coining to sell at a Farin Sa1cs use
FA overall:
* Add context within the new regulations to help guide enforcement
q
Attachment D
Farm Stand, Sales and Farmers Market
Revisions Resulting from Roundtable Input
A. General. The three different uses as proposed did not have clear differences and that
presented confusion. We revised the uses in several ways to create the distinctions. For
example, in the commercial districts and LI, this use is only called farmers market whether it
involves one or several farmers' products. We changed the use distinctions for the RA, MHD
and VIR districts such that farm stand is only+ off -site or off -farm sales whereas farm safes is
on-farm sales. We also exempted the use of existing structures from the maximum structure
size for farm stands and farm sales.
B. Farm Stand
1. Deleted the requirement that this be limited to seasonal sales;
. Expanded the definition of local produce to include produce from abutting Iocaiities to
Albemarle and added the requirement that the farm stand applicant be an owner or
leasee of farmland in Albemarle County:
- Increased the maximum size for new permanent structures from 1000 to 1500 square
feet. The use of existing structures is exempt from the structure size limitations,
4- Decreased the setbacks from 35 feet to 25 feet in those cases currently allowed under
the ordinance to be 25 feet (a private road or an internal public road)-
C. Farm Sales
1. Increased the maximum size for new permanent structures from 2500 to 4000 square
feet. This size is more consistent with the conservation easement provisions. The use
of existing structures is exempt from the structure size limitations-,
. Changed the limitation on the sale of subordinate items from 1f3 of the items" to a
broader definition that anticipates fluctuations in sales during certain seasons. During
these times, th6 amount of subordinate items will need to increase, but shall still remain
less than those items grown or produced onsite;
3. Decreased the setbacks from 35 feet to 25 feet in those cases currently allowed under
the ordinance to be 25 feet (a private road or an internal public road).
D Farmers Market
1. Expanded the use to also include interior sales within existing buildings with no size
limitation;
, Added this use by special use permit in the residential districts.
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Bill Let#eri, Director of Facilities
Development, presented a Bower -Point
presentation to explain the Oversight's
Committee recommendations for this year's
CAP. No formal action taken.
1FarmANayside Stands staff
Review of New Provisions for the Sale of Staff will proceed to a public hearing once the
Loyally Grown Agricultural Produce and ordinance language is drafted incorporating
Merchandise. (Amelia McCulley) their direction as noted in Attachment 1.
The Planning Commission held a work
session_ The Commission took public
comment, asked questions and provided
direction on the listed items as noted in
Attachment 1, The Commission directed
staff that once the amendment is drafted to
schedule a public hearing incorporating their
recommendations.
The Planning Commission took a five
minute break at 7:35 p.m.
The meeting reconvened at 7;42 p.m.
7_ Monticello Historic District Staff:
Proposed amendments to the Section 11 Action Letter — Staff to work with applicant to address
Monticello Historic District of the Albemarle concerns and questions (Attachment 2 — Planning
ianing Ordinance (Joan McDowell) Commission Comments)
work session was held to discuss the
issues related to the proposed amendments
to the Wnticello Historic District, The
Commission received a presentation from
staff and the applicant, took public
comment, asked questions and provided
direction on the questions posed by staff as
noted in Attachment 2.
No formal action was taker -
Liaht Industrial Land Assessment
(informational)
Survey research of the County's current and
future inventory of industrial land inventory
(Susan Stirnart)
The Commission held a work session to
receive a presentation from staff on the
Light Industrial Land Assessment_ The
Commission asked questions, took public
comment and made comments. No formal
action was taken.
Staff;
• Staff to make presentation to Board of
Supervisors on February I
!Attachment 16
IT
ATTACHMENT 1
Farms' a side Stands
Work Session - Review of New Provisions for the Sale of Locally Grown Agricultural Produce and
Merchandise.
A work session was held to review the new provision for the sale of locally grown agricultural produce and
merchandise The Planning Commission responded to staffs focus questions regarding FarmJWayside
Stands, as follows:
• Review/Approval Process: In terms of the review and approval process, the consensus was to
provide for notice to neighbors to let them be informed about the application; and once the
determination of approval is made, to let the neighbors chose to appeal it to the Board of Zoning
Appeals.
• Subordinate Items for Sale: In terms of subordinate items for sale, to go beyond and allow
jewelry sales and things like that they would have to do that separately with amending the
resolution of intent, which is strictly worded to support agricultural products. Staff would like to
move forward with the current recommendation to see how that goes. It could possibly be
broadened in the future. Mr_ Franco's suggestion was that if the definition is clear enough in
terms of what items are allowed and it is subordinate, they` they should go with that and not worry
about floor area and things like that,
* Technical requirements — Access Road and Parking Spaces: It was the consensus of the
Commission that the setback reduction is allowed with adjacent owner consent_ The
performance -based requirements are to be recommended as staff proposed. If there is an issue,
then it will be addressed later,
+ Off -Site signage: The Commission agreed with staffs recommendation that agricultural product
signs be allowed off -site and by right for Farm Stands and Farm Sales. The Commission raised
the question about temporary signs, which was not addressed and should be incorporated in
staff's future work on signs.
Farmer's Market- Add Heavy Industry as a district.
• Utilize recommendation from speaker that a Certificate of County approval signlstickeNor the like
be displayed to indicate that the farm/wayside stand has been approved by the County,
In response to a question on the farmer's market limitation on new structures, the Planning
Commission agreed with Mr_ Karnptner's suggestion that new structures be only limited in the
rural areas and not in the development areas such as the Neighborhood Model Distrk:t or
romrnercial districts.
Confirm with the Health Department their ability to monitor prepared food items for sale at the
farm /wayside stands.
Staff will draft the ordinance language and proceed to a public hearing possibly on April 7 with a Zoning
Ordinance Amendment incorporating their direction_
I-
Draft: 03126110
ORDINANCE NO. 10 -18( )
AN ORDINANCE TO AMEND CHAPTER 18. ZONING, ARTICLE; 1, GENERAL PROVISIONS, ARTICLE
11, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE,
OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BB IT ORDAIN ED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, ironing,
Article 1, Gen era I Provisions, Article 11, Basic Regulations. Article III, District Regulations, and Article IV,
Procedure, are hereby amended and rwrdained as Follows-
By Amending:
Sec, 3.1
Definitions
Sec. 4.15.5
Signs authorized by special use permit
Sec. 4.15,6
Signs exempt from the sign permit requirement
Sec_ 102.1
By right
Sec. 10.12
By special use permit
See, 113,1
By right uses
Sec. 113,2
By special use permit
Sec. 12.2.1
By right
Sec. 1222
By special use permit
Sec. 13 1,2
By special use pennit
Sec. 14.2,2
By special use permit
Sec. 15.2.2
By special use pennit
Sec, 16.2.2
By special use permit
Sec. 17.2.2
By special use pennit
Sec. 181.2
By special use permit
Sec. 19.3.2
By special tise pennit
Sec. 203,2
By special use pennit
Sec. 20A_6
By right
Sec. 2013.2
By right
Sec. 22.2,1
By right
Sec. 23.2.1
By right
Sec. 24.2.1
By right
Sec. 27.2,1
By right
Sec. 27.2.2
By special use po rmit
Sec. 25.2,1
By right
Sec. 28.2,2
By special use perinit
Sec. 35
Fees
By Repealing:
Sec, 5.1,19 Wayside stands
Sec. 5.135 Fans sales
Sec. 5- 1,36 Farmer's market
By Adding:
Sec. 5.1.47 Farm stands, farm sales and farmers' markets
ATTACHMENT D
Chapter 18. Zoning
Article 1. General Provisions
Sec. 3.1 Definitions
Draft: 03/26110
&&cgs ory gwYvlane1ge, Non- agricultural mercharndIsc (lint is subordinate and ctistomarily� i11CidcntaI to the
agricultural products sold a a farm sales use or a 141rincrs' inarket such as pottcry, baskets, call i1ingjars,
pumpkin.carv_in� kilo:, ti�rcath making supplies, 11oraI arranging supLgs,.garden accessories, hand tools for
rdeniogand handmade crafis. For. th _purposes ofthis dcf.nit.ion, farm macbiniry and egiiipmcnLe rcpt
hand_t� ).._bolding p t ;rials,.furrij=. and other siinIlar items are not subordinate merchandise,
4grlcufrure: Hort iculture. viticulture, silviculture or other gardening which may involve the tilling of soil for
the raising of crops: the keeping of livestock and/or poultry; and/or agricultural industries or businesses, such as,
but not limited to, orchards, fruit packing plants. dairies, nurseries, e s faun -ales, farin stands
a ° markets. (Amended 12- 2-S7)
Farm Sales. }
x t a
x The
, x
sale_aii gracultural pr �dticis, value-added products and accessory. mercharid ise on a farin, either outdoors or
Within a temporary sir permanent sirumire, where the vendor sellingflw products and mcreliandise is engaged in
production agriculture Oil t11e farin c }n Which tlyc farin sales rise is located_ (Added 10- 11 -95)
of` local agricultural products and value - added iilicr owdoors car "k-ielIi11 a
Win or permanent gructtire, �� here the wndor.selling 14.0 products i5 e�a�cd in produce Ioil agriculture- n
Albemarlc C'otinty, but not on t 11 lot on which elie farm stand. is located.
Farmers' Uorkef-
fe
s The sale._of agrictilttiraI products, vaI tiL: added prcAacts, and acccssory merch and isc either Qutdoors or
wi t h"cmporary or permanent struc#ure.-by two (2) or nwm vc rid ors in the -EuraI areal (BAI.Mning d istrict yr
by onf or more vendors in any ether z<Ming diwtrice w11cre the use is aIIowP, ,_where each vendor .5e11 ing t11C
products and merchandise is en ged in production agriculture in Albemarle. punty� rcoardless- dwhcther it is
oil or not on ehr lot oil which -be, farmers' ma=rket is loca«d. (Added 10 - 11-95)
L(wal agriculfurailyro4hicls: Agricultural products -n or produced in Albemarle County or its abuttiII
localities.
ATTACHMENT D
D raft. 03/2611U
.cr qe_u d Mp- roducr. , Ra%% agricultural producls. tliat have_ been :.aItmd to enhance their_v ltl .�lrryt� It baking,
bottIing, canning, cafv_ing, churning, cicaai ing, drying, fr.=zuj &_K ing, or other similar processes.
Article 11. Baste Regulations
See. 4.15.5 Signs authorized by special use permit
Except as provided in subsection (9d), electric message signs, off-site signs, and signs in public rights -of -way
tnay he authorized only by special use permit, as provided herein;
Circumstances under which ,signs may be authorized. The signs may be authorized only under the
following circumstances;
. Off-site signs. Off- -site signs may be authorized by special use permit within any zoning district_
2. E1earic message signs. Electric message signs may be authorized by special use permit within
any commercial or industrial zoning district, or any commercial ly designated areas or a planned
unit development.
Signs in public rights -of -way. Signs in public rights -of -way; provided= (1) the subdivision or
planned development to which the sign pertains abuts the pAl is right -af =way; (2) the sign is
either a subdivision sign or a sign identifying, a planned development authorized by sections
194, 20-$. 25 -9, 251, and 29 -0; (3) the freestanding sign. regulations, ocher than setback
regulations, applicabie to the lot ;wit1) the use to vwhich the sign pertains sha11 apply; and (a) if
the sign is located within as entrance corridor overlay district, a certificate or appropriateness is
issued by the architectural review board,
b_ Authority_ The authority to issue a special use permit for off site signs and electric message signs is
hereby granted to the board of zon i a g apps *aIs_
c. Procedure and administralioxt_ The application procedure, the findings and conditions to be applied by
the board of zoning appeals when considering an application for a special use permit, and the authority
to revoke such a permit, sha11 be as provided in section 3+44 31 of titis chapter. In addition to the
foregoing-
F- or an off -site sign, the hoard of zoning appeals shall also find that the issuance of a special use
permit is necessary because.* an on -site sign would he ineffective to communicate its message
off -site because of topography or vegetation.
2. For an electric message sign, the board of zoning appeals shaII also find that the sign coMpiies
with all app Iicabie state laws for such sign_
3_ A permit number for each special use permit issued for an off -site sign ShalI he affixed to the
sign in a conspicuous place,
ATTACHMENT D
I
Draft: 03126110
d. Exeeption; certain o,, sile signs. A special ruse permit shall not be rcguired for off -site directional,
political, subdivision or temporary signs, anti off-site agricultural prc3duct signs, except for thole
advertising a farmers' market in nny zoning district other Than the Rural Area, Wnticello I listonc
1)istric1, and the V IIIgge R $J(Ic tit ial zoning dLntel,�l.s. provided t 1111 thCir T1ttt11bCr does not exceed tx +:o (2)
and th; y do nol exceed an aggregate 0 1 tlr ir1} -two ()�) squaw feet In sign ;;rca, and further- krovided that
alt} agrlc4LItttraI product sjgn advertising a lin'nicr�i' market in the Rural Arms, MontiseJJ0_HisAoric
WsUi0, or the Yjage Residential z(. ning distriL;ts is posted ,vithin that particular zoning district_
(12- 10 -80; 7-8-92, § 4.15.05; Ord_ 01- 18(3), 5 -9 -01)
Sim to law rdcrrncc — Va- Code ff 15.2-22K I S.2 -22 -
Sec. 4.15.6 Signs exempt from the sign permit requirement
The following signs are exempt from the sign permit regtiirement set fortis in section 4 15.4 provided that they
comply with the regulations set forth below and all other applicable regulations of this section 4.15:
{ I } Agricultural produce si L.Li "-de. One or two Ott -site agricultural product signs that do not exceed an
aggregate of thirty -two (32) square feet in sign area. (Added 3- 16 -05)
(2) .4rfction sign. An auction sign that does not exceed four (4) square feet in sign area, and which is posted
for a total of thirty (3 0) days or less in a calendar year. Such an suction sign shall be removed within
seven (7) days after date of the auction.
(3) (:onrInemoralivelrlaque. A commemorative plaque that does not to exceed four (4) square feet in sign
area_
(4) Construction sign. A construction sign that does not exceed thirty -two (3 2) square feet in sign area.
Such a construction sign shat l be removed within seven (7) days after issuance of a cert ificate of
occupancy.
(5) Ewoie sign. An estate sign that does not exceed four (4) square Feet in sign area-
(6) Faren sign. A farm sign that does not i Pic ltide carnmercia] identification and does not exceed four (4)
square feet in sign area.
(7) Hinne occupation clay_% B .sign. A home occupation class B sign that does not exceed four (4) square
feet in sign area.
(8) Inchlental sign. An incidental sign that does not exceed four (4) square feet in sign area.
(9) Political sign. One or more political signs that do not exceed the maximum sign area allowed for the
physical type of the sign (e.g.. freestanding, wa11) within the applicable zoning district.
(10) Private drive sign. A private drive sign that does not exceed four (4) square feet in sign area, limited to
one such sign per entrance.
(11) l'r blicsign. A public sign.
(12) Residence .sign. A residence sign that does not exceed four (4) square feet in sign area.
ATTACHMENT D
I
Draft: 03126110
(13) Residential sign. One or more residential signs that are not illuminated signs and do not exceed thirty -
two (32) square feet in enmulative sign area.
(14) Special decoralrve dispkrv_ A special decorative display used for holidays or public events, and whiclti
is displayed for a total of sixty (60) days or less in a calendar year. Such a display shall be removed
within seven 7) days of said event_
(15) Teinlrnrary direcliorral welt. A temporary directional sign that is erected no closer than five (5) feet
from a front lot Iipie and does not exceed Four (4) square fM is sign area_
(16) Real estate sign. A real estate sign that does not exceed thirty -two (3 2) square feet in sign area. Such a
real estate sign shall he removed from the site within seven (7) days of sale, lease or rental_
(17) Warning sign. A warning sign that is erccwd by a private landowner and does not exceed Four (4)
square feet in sign area.
(18) Window sign. A permanent window sign, provided that it does not exceed twenty -fi ve percent (25 %) of
the total area of the window or door on which it is located, and the aggregate area oral I window signs
on each window or doer does not exceed twenty -five percent (25 %) of the total area of the window and
door; and Further provided that i F a permanent wiMow sign wi11 be on a structure within the entrance
corridor overlay district and the window sign is visible from eii entrance corridor overlay street, that the
aggregate area of all window signs shall. not exceed nine (9) square feet per business and that a
certificate of appropriateness for the window sign is obtained as provided in section 4,15.15_ (Amended
3- 16 -05)
(19) Coonmercialflag. A commercial Flag, subject to the following; (i) not mare than one (1) flag may be
flown on a lot, provided that if the lot is four (4) acres or larger, then one (1) additional flag may be
flown; (ii) the flag shall not exceed twenty-four (24) square feet in size; and {iii) the flag shall be flown
on a flag pole and, i r two (2) flags may be flown, they may either be on the same or on separate flag
poles, (Added 3- 16 -05)
(20) Noncommercial flag. A noncommercial flag, subject to the following: (i) the flag shall not exceed
twenty -four (24) square feet in size; (ii) on commercial, institutional and ind>astrial lots, the flag shall be
displayed only on privately owned light pasts and sltaII be installed in a manner so that it re mains taut
and flapping and movement is miniini zed ; aCld (iii) on residential and agricultural lots, the flag shall be
displayed from a mount on a dwel ling unit or other permitted primary or accessary slructure, a flag pole,
a mast, or suspended From a fixed structure, rope, w1re, string or cable. (Added 3- 16 -05)
(21) Adverlising vehicie. An advertising vehicle in which none of the prohibited conditions delineated in
section 4.15.7(cX2Xii) or (iii) exist that is; (i) used as transportation for the business; and (ii) parked in
an approved parking space or parking area that serves the advertised business, or temporarily parked at
another business to actively receive or provide goods or services. such as io load or unload goods,
provide on -site services, receive vehicle maintenance and repair, or obtain food for the driver and
passengers, (Added 3- 16 -05)
(12- 10 -80; 7 -8 -92, § 4.15.04; Ord. 01- 18(3), 5 -9 -01; Ord. 05- 18 (4), 3- 16 -05)
Sialc law reference — Va Codc 4 15.2 -22 90.
ATTACHMENT D
, , 10 3
See. 5. 1.35 F.. M.. 9 ks
Pk
RU-Mat e plall ;I
a
}
., f w 1 '0.: :
a
V ,
}
Fic OU _e, (Added 194 95
Draft: 03126/10
ATTACHMENT D
Draft. 03/26110
Each farm stand, titian sales and farmers' market shall be subject to ft following, as applicablz
a. crnin c/c'uranC'C', t +tx+ iRliwtaltiding any other rovisi()n o1` this clTapler, cash f: rm nand, fa[xa, S1Ics use,
and farmers' market sIT ; +I I obtain appro �l of a zoning clearance issued by the zoning dni �slr;Ttc7r as
provided by seciion 31.5 before the - umis established As. provided l,erc.ilr,
/fp1, /icYOcr11 . Faclt app Ii cat io11 Rir a zoning c leara nee s}iall include a letter or other evidcl,cc
from the Virginia l)cpartlnent of- 1- ranspollation establishingthat it has approved the entrance
from t1je_public street to the farm-stand location a11d;
(a) Em-n? sly n(A and farm s[tfc's loj }s.. For farm stands and farm sales uses, a sketch plank
whic11 shall be a schematic dn, %vi11g 0f'tlie �;itc �vith nom; in a firm acid of.a scale
tlpproved by the ron1ng ad n, inistrator depicting: {i) all structures That vvotiId be tried for
the.0 c; (ii) 110 % .recess, on- site park ing« - uloor lighting, signage and- mirtinaTtnl yards
will bc_provided in compliance willi the #ion and this chapter; AntLlui) lrkw po #I
adv.erse.impacsx w .'adjoining property Wi11_be mitigated.
(b) Forwer.s' nrrrrrkeis. For fanners' nizrkcis, as approved site plan Waiver as pmvidcd in
2, , oiict . Tlw zoning administrator shall provide written not icc that an app IicationSbr -a zoning
c learance_for a farm stand, faun sales use, or bright farmers` lttarket has k+ccl ubirritted_ to the
V irgiNJi�LpcPartmcTtt (If F k;A1111 and to «lie. cwvner of cak:h sabkltt ink; lot rnkcicf LIifferent o ership
thati the tot on which the proposed use � +-oLi1d be. located- 'I he not icc wlialI identify t 1 proposed
k1w and tts. side and Ideation and invite the recipient to subT11 it any comments before tl,e zonipig
eleararnc eted upon. The notice shall b- mailed at least five (5) days - prier to the wicln on
the zoning clearancc as provided in sect ion - 3.2.4.?.5. Thr rev ictiwr by the V irgin is uepartlment_of
HcaIth shall 1bc indcpcTrdctrt 01111C zoning administrator's Tv% -jtCw oI'tlie application for a r�uning
clearance altd the approval of the tort ing clearance shall Tiol be de pen dcnt on any approval by
the V irgin is Dcpariment of He ce.re
alth. The notiquiretnents 011111 not apple to a zoning
clearance required for a- farnners` 1„arket Lhal—bas been approved by special ti Se perin it..
b, Strikcautv.siII trtMcwres..used in conjwtclion with afarm- Bland, farm sales use, and fanners' inarlket
shall comply % ith the following'.
I. Farm s.i.awls, Any permanent structure cstablished on.and ;afier Mal 6.20.1 Q. {hereitiafter, I ncW
per m structure Los .for a farm s a nd shall not execcd one thousand ri ve h tin dreci (15 00)
square feet gross floor area. Aa3_pertnanent structure, regardicsapf J ts sixr, estahI is110 prior I
ATTACHMENT D
Draft: 03126!10
May 6, 2010 (11crcinafter, "existing ptnnancuus strtacttire "), may be tiwcd for a farm stand
pro that If ilie slrucature does not=t.wml one thousand five hundred (1 500)- square Feet
gross J1oor arca, its area may be euilarged or expanded so that its ma al-ca Blocs not exceed one
thousand filve Iikindred (1500) 5quart: 116:1 gross tloor area, and furl hcr provided that if the
existing grUCItlrc exceeds olkc thot*and five - hundred (1 500) gLLare feel gross 11oor area, it may
not be enlarged or expanded %% h ile it is used as a- fKarin 5uanci,
2. Farr? sales. An y tics }' p�:rmancnt.5lrldqure used for farm wIes shall not exceed-fiur thousand
(4000) Nuarc lcct gross flour area. Any cxistiiig permanent 5truct4u— , regardless of its wire,
!nay be !used liar harm sales prop idcd that. if ili structure does not exceed fc�ur thvusal1d (4000)
square Feet gross 11oor ;arca, its area may. cn 1argcd or expanded so Ihat_its -total area -does rest
exceed lour thoTsand (4009) sq%4W feet gross floor area, Land further proyided tha(.if I
existing structure excqq& four thousand (4000 _L�gtlarc feet gross floor area, it may not be
cltlargcd or expanftd-Wh i lc it..is..tpsed as a -rann stand.
3. El e .''.warkc}n. Any neiv k,r cxistirig perrnanot .structure.ivax.b�.us,;d for a farmers mark -et
- -- without iimitation to its size,
Yard.!'. Alot�vit llstanding ally oth *rproviFionO.Cthis C ttaptcr. the follo i13;aninin3lnnfr rt�side and .rear
r requirements shal]_apply to a Farm standFarlij sales u,5qijnd.f4rnwrs' market;
1..... O per•rncrr ljj 5 trrrrf jentporary.sp'r acres. The min Iinum front,-sidc and urar yards
required for any nc %+ permanent Nit rlCture -or temprar} structure shall be as— provjded i n the bull;
and area regtllatiorxs establishes) for the applicable zoning districl.,,.provided that the minimuttt
front yarn o an existing public read in tlic ruro[ areas (RA).4gnirig district shall be II11rty-five
(35) feet. Toe zoning ATI i in ist rato r ma} rcducc the ill inIinurn required yard upoii IIndirig that:
(i) there is iw delriiiictit to !lac abuIiing [w; (ii) thcrc is no Barrel to the p4abl1c heaIth, harcly or
cli '.Ire; alId (iii) %vi.iItC11 C(IIIsent has been provided b y (11c:ovn.cr of the abutting lot corisc lit ing
to the rtiric lir«n-
,rrsr�rr F c•�� +rcr�tcfrfif structures, if an existing permanent structure does not satisfy any minimum
yard rcgtii rem ent- under subsertivn S.1.47(c)(I), the ialini Ill tlrtT Y• lyd required shall be the
distance bctvv the existing permanent structure sand the street, road, - access eascnwilI. or LOS
inc oat May 6, 2'110 tine! that distaiicc shalt not bg ncwrcafier reduced. fin enlargement oz
expansion oft he slraL;ttlre shall be no closer t street, road, access casement or lot Ii.ULihan ft
existing structure,
d- Parking.. N .ot- vi(hstanding any provision of section 4. L2 following to inimuin parking req uirclncnts
s[iakl apply to a farm stand, fiUrn1 sales ti se, iInd fanners'_ market;
k ,
Number of secret's. V'ach tusc xllaII provide or tc ( I ) parking sl)ticc I)er t ',x c) 11U11dr*d {200) square
feet dretail area.
2. Loctrfron. NQ parking space shall bIo located c lo} icr than ten (10) lcct to any pub I ice street right -
of -v ay.
3,.. = Design crruf fs.._ In conjunction with each app
licatiWor a zol,in lcarance, the
zoning adm irtistrator shall.identify the applicable parking dujgn and improvements rcgtuircd
that arc at least the minimtrtn necessary to protect the public hoIth, safcty and y +,cI ksarc b} -
providing safe iltgress and egress to and froTll tlac site, safe vehicular and pedestrian circulatiol3
on tlrc site and the control of dust as deemed appropriwet iti the con mm.of thrr usc, The zoo ill
ATIl in istrator shall consult with t1w rolnat ) ' t ngmccr, who shall advise the eon ITIg adnulnsll-'attrr
ATTACHMENT D
0
Draft; 03126110
as. to the minimum cicsigrt and i n 1 proy-e ments. T11I)IMrrcc With the identified par inL deli &n
and im rQvemenls shall be a cprkditLou f apgrovaI cat 1110 zo1r i irg Ckaralxx: ,
Article [H. District Regulations
Sec. 10.2.1 By right
The following uses shall be permitted by right in the RA district, subject to the applicable requirements of this
chapter:
26, farm sales {rcicrcncc 5.1,47J.
27. - -Eann stands (reference
-
Sec. 10.2.2 fay special use permit
The following uses shall be pernnitted y by special use permit
WI-6ft6en 31 in the RA.d istrict,.subject to the applicable rrgi3 irem+;nts of this chapter,
53, Farrncrs' ma&tL_(re f4crice 5.1.4 7)
Sec. 11.3.1 By right uses
The following uses shall be permi tied by right in the M1 ID;
3, Display and sale of gifts, souvenirs, crafts, food, and horticultural and agricultural products, including
outdoor storage and display of horticultural and agricultural products, ineittdifig . °"`4° `' iRdS f :, d:,r• "r,,,
25- Farm _aJks reference S.1,4
26. Fawn stands (rcfereWZ).
See, 11.3.2 By special use permit
The fol loving uses shall be permitted by special use, permit in the M I I D
1, FaFffi sale Farmers'- markets (reference 5.14W).
Sec. 12.2.1 By right
ATTACHMENT D
22
Draft: 03126/10
The following uses shall be permitted •nee in t }7c VR
d i m ULtubject to #he.applicablge_rgquiremcros of this chapicr;
17. Farm sale.(rc.ferenC_$.- �,47j,
18 --Farm stands (reference 5
Sec. 12.2.2 By special use permit
The following uses shall be permitted i * by special use perm it arpFeved by
in. the VR district, subject to the app Iicable requircrngus_of_.Ihis chapter:
S. Farmers' markets (refcrcnc 5,1.47),
See, 13.2.2 By special use permit
The fol lowing uses shal I be permitted en+y by special use permit
le -° tie•• 31 '." in the R -I district, subkzUct Clie applicable requirements Qrthis chapter:
14. Fanners' markets (reference S..1. ,
Set. 14.2.2 By special use permit
The following uses shall be permitted tm* by special use permit by
to we t ioll * 14L4 in the >R -2 di�Iri��_subject to the,appiicable rsquircments of this chapter:
16. Farmers' markets LrCfercnce 5.1,47),
See. 15.2.2 By special use permil
The following uses shall be permitted shall be permitwd e*ty by special use permit Oppro% 0.
. in.the R4- district, subject to thc. app Iicable requirements of this chanter:
�. Farmcrs' markets ( relerence 5.1.47).
Set. 16.2.2 By special use permil
The Following uses shall be permitted etvly by special use permit
uaw t t: .::.,�." in the R -6 district, subject to the applicable reauit nl nts t" sl�is c}ral ter:
ATTACHMENT D
23
Draft: 03126/10
18. Far=rs' markeU (reference 5.1.47).
See. 17.2.2 By special use permit
The foIIowing uses shall be jwrmitted Em* by special use pemiit
to °°..:on ".'.4 in -I district, subject.tolke applicable requi rei=n t5 of-I bis chapter:
20. Farmers' markets (reference 5.1.47).
Sec. 18.2.2 By special use permit
The following uses shall be permitted afgy by special use permit
'43 : °~.: ~~ 1 in-th" -15 district, 51Lbjga to the applicable rcxquiretne Pit s of this chapter;
20,
Farmers.'-markets [reference 5.14],
Sec. 19.3.2 By special use permit
The fol lowing uses shal l be permitted end by special use permit in the PR 1) district, sub,�ec( to the applicable
requirements L) r this chapter a;.id provided that no separate application shaI l be require *d for any such rise sh
as all
be included in the original PRD ri zoning petition:
12. Partners' 111:1rkcts (rcl-oerice. $ j-4-7).
Sec. 20.3.2 By special use permit
The rollo %ving uses shall be permitted a by special use permit iv'the PUD dist.n�t,.5ubjeic l to the applicable
rcgtaircment or this cl�apter and. provided that no separate application shall be required for any such use
included in the original RUD rezoning petition:
9. Farmers' markets (r6mnce 5.1.9 -7).
Sec. 20A.6 Permitlecl uses
The following uses shall he permitted in the N M D district, subject to tkxr regu [at ion s in this section artd scction
S, the approved application plan and code of development, aPid the accepted proffers:
a. By right uses. 7'lie following uses arc perp rifted by right if the use is expressly identified as a by right
use in the code car development or if the use is permitted in a determination by tine zoning administrator
pursuant to subsection
10.. Ewers' markets imWince 5. L.
ATTACHMENT D
Drnft. 03126110
Sec, ZOB.2 Permitted uses
The following uses shall be permitted in the DD, subject to the regulations in this section;
A. By right uses; retail and service- The following rclaiI and service uses are permitted by right;
11, Farmers' markets (reference 5.1.W -7. ).
Sec. 22.2.1 By right
The fol lowing uses shal I be permitted in the -I district, subject to the applicable requirements afW ""``'°"ions
444e,,- regulati— Qf]h ,s ch apw r- The zoning administrator, after consultation with the director of planning
and other appropriate officials, in ay permit as a use by right, a use not specifically permitted; provided that suclti
use shall be similar to uses ptnnilted 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 shat I be as generally provided in section 34.0.
a. The following retail sales and service establishments-
28_FarmerF,' marke34-(re feremxe 5.
b. The following services and public establishincius:
See. 23.2,1 By right
The following uses shal I be permitted in a the CO district, subject to the applicable requirements d
Of this Chapter:
15— market - - - -�e ce S..1i4 1.
Scc. 24.2.1 By right
The follow ing uses shall be permitted In the H C district. subject to the applicable requirements awdions
Of this chapter. The +coning administrator, after consultation with the director of planning
and other appropriate officials, may permit, as a use by eight, a use not specifically permi(ted: provided that such
use shaII be similar to uses permitted by right in general character, and more specilcally, similar in terms of
Incational requirements, operational characteristics, visual impact and traffic generation. Appals from the
zoning administrator's decision steal I be as generally provided in section 34.
47. F11rmers' trt►rkets. x�cc 5.1.,47).
ATTACHMENT D
2�
Draft: 03126110
Sec. 27.2.1 By right
Except as otherwise limited by section 27 - ?.2 -10, the following uses shaII be permitted by right in the Ll district.
subject to. the applicable requirements.of A hip chapter:
20. Fan -am;' niarkcts that will be cond4GCted outdoors or within a temporary. cxistiliig permanen lEg =
(reference 5.1.47). —
See. 27.2.2 By special use permit
The following uses shatI be perirritted by special use permit in the L district:
19. Farmers' markctx .hat wil I be conducted in a nc%v I)Qrmanent structure - (reference 5.1.47).
See. 28.2.1 By right
Except as otherwise limited by section 28,2.2,14, the following uses shall be permitted by right in the H1 district,
subject tolhe. app Iicable requ irqmqag,flh is chapter;
2 Formers° Pinarkets.that --viI I be conducted outdoors or within a tcmporary. ar_.u.jsting permanent structure
(refcrcP)ce
See. 28.2.2 By special use permit
The fallowing uses shaII be permitted by special use permit in the 1.11 district,
U— Farriers' markcts that %N - ill be.canducted io a nexv permanent strUCIUN {re�erenc��.
Arlielc IV. Procedure
Sec. 3&D Fees
red by ill 0,;.r5eq )Cash app IiCWi t slialI pay thc- applicable -.Fees established below,
provided that ncither the count y nor the county schooI mooed shall be required to pa }' an Y fee if it is thcc
ppplicank.
a- For a special use permit;
1. Rural area division for the purpose of "family division" where all original 1980 development rights have
been exhausted tinder "family division" as defined kinder section 18 -56 of'tile subdivision ordinance -
$220.00. (Amended effective I -1 -94)
ATTACHMENT D
Draft: 03126110
2. Rural area divisions - $1,24U_00_
3. Commercial use - $980.00.
4. Industrial use - $1,020.00.
5. Private cIublrecreational facility - S 1,02 0.00,
. Mobile hoine park or subdivision - $980,00_
7_ Public utilities - $1,020.00.
8. tirade /fi11 in the flood plain - $870.00.
9. Minor amendment to valid special use permit or a special use permit to allow minor expansion of
nonconforming rise - ] 10, 00. (Amended effective ] -1 -94)
10. Extending special use permits - $70.00.
1. 1. Home Occupation -Class A - $13.00:
Home Occupation -Class B - $440.00.
12. For day care centers - six (6) to nine (9) children - $490.00. (Added 6 -3 -92)
13. For day care centers - ten (10) or more children - $$$0.04. (Added 6 -3 -92)
14.. Farmers' markets -- S 490, 00,
15. All other uses except signs - $980.04. (Amended 7 -8- 92)
h. For amendment to text of zoning ordinance - $840.00.
c. Amendment to the zoning map-
1. For planned developments - under 50 acres - $1,020.00.
2. For planned developments - 50 or more acres - $1,574.00.
3_ For all other zoning map amendments - under 50 acres - $1,020.00.
4. For all other zoning map amendments - 50 or more acres - S 1,570.00.
5, M inor amendment to a zoning map amendment - $220.04.
d_ Board of Zoning Appals:
1. Request for a variance or sign spec ia] use permit - $ 120 -00, (Amended 7 -8 -42)
1 For other appeals to the board of zoning appeals ( including appeals of zoning administrator's decision) -
$12U_00, to be rerunded ifthe decision ofIlie zoning sidministrator is overturned.
e. Preliminary site development plan:
1. Residential - $1,190.00, plus $13.00/unit.
2. Dion- residential - $1,580.00, phis $13.0011000 square Feet.
f. Final site development plan;
1. Approved administratively - $410.00.
2. 1f reviewed by the commission before approval of preliminary site development plan - $1,130.00.
3. If reviewed by the commission after approval ofthe preliminary site development plan - S790.00,
4_ For site development plan waiver - $270.00.
5. For site development plan amendment:
a) Minor - alterations to parking, circulation, but Idinp, size, location — $95.00.
b) Maj or - commission review - $270,00.
, Review of sits: development plan by the architectural review board - $200.00.
7. Appeal of site development plan to the board of super visors - $240.00.
8. Rehearing of site development plan by commission or board of supervisors - $190.00,
9. Rejection by agent of incomplete site development plan-
a) Dejected within ten days - $240.00.
ATTACHMENT D
Draft: 03/26/10
b) Suspended after site plan review - site plan fee shall not be refunded- $65.00 Fee shall be required to
reinstate project,
g. For relief from a condition of approval From commission or landscape waiver by agent - $ 184.00.
h- Change in road or development name after submittal of site development plan;
1. Road - $20.00.
2. Development - $25 -00.
Extending approval of site development plan - $45.00,
j. Granting request to defer action on site development plan, special use permit or zoning map amendment
1. To a specific date - $35,00.
2. Indefinitely - $75.00.
L Bond inspection for site development plan, For each inspection after the first bond estiinate - $60,00.
t. Zoning clearance - $35.00,
m. Accessary lodging permits - S3 5 -00.
n. Official Letters,
1. Of determination - $75.00.
2. Of compliance with county ordinances- $75.00.
3. Stating number of development rights - $40,00,
0- Sign Penttits.
1. Any sign, except exempted signs and signs requiring review by the architectural review board - $35 -00.
2. Signs required to be reviewed by the arch 1tecturaI review board - S75,00.
p- Tier I I personal wireless service #facility - $790.00. (Added 10- 13 -04)
q. [review of groundwater assessment information required by sections 31 .2.2 or 32,5.7;
1, Tier 1 assessment under Albemarle County Code § 17401 - $50.00,
2. Tier 3 assessment under Albemarle County Code § 17403 - 400 -00 plus $25.00 per lot.
3. Tier 4 assessment under A Ibcmarlc Corurty Code § 17404 - S 1.000 -00-
In addition to the foregoing. (lie actual casts of any notice required under Chapter 22, Title 15.2 of the Code
sha11 be charged to the applicant, to the extent that llie same shall exceed the applicable fee set forth in this
section. . The fce
shall be in the form of cash or a check payable to the "County of Albemarle." An app Iittation presenl<ed_�'ithout
the required lsre shall 1101 be J"Illecl 10 be strbrlIitIctl tuyci 1, ll�LII Rot bep roc cxscd. Ifthe zoaJna adminatrator
determ in es after a fee has . begrl paid shat the- 1n.!ic ,,x- and approvaLuLwhieh the 1ec pertains is. noi squired to
establijh the use ar- structU the fee shallk-rc funded to the applicant in full. F or any application withdrawn
after pub]ic notice has been given, no part of the fee w i I I be refunded.
1, Ella W. JordaMti, 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 ivgular meeting held on
ATTACHMENT D
2`�
sv
Mr. Boyd
Mr. Dorrier
Ms. Mallck
Mr- Rooker
r, Snow
Mr_ Thomas
Draft: 03126110
Clerk, Board or County Supervisors
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