HomeMy WebLinkAboutZTA201000004 Legacy Document 2010-12-07 (4)ATTACHMENT C
C: Office Uses, Secondary Uses and Subordinate Retail Sales
1. Independent or Commercial Office Uses
Following the adoption of the updated Economic Development Policy in March 2009, the Board commissioned a
study to further explore the shortage of industrially -zoned land in the County. The "Industrial Inventory" indentified
two main conditions:
• The current industrial inventory is dispersed among relatively small parcels and;
• There is a growing trend of commercial- office uses encroaching into industrial districts.
Given these two findings, staff investigated other jurisdictions' codes to find approaches that would allow the
County to maximize the use of our existing industrial land and minimize the encroachment of pure office uses into
industrial districts. Staff found that one common characteristic of other codes was a variety of more up -to -date
definitions for many industrial and office -type uses. Our current definition of "office" was last amended in 2001
and is not specific enough to distinguish between those that are necessary to support the onsite industrial uses
and those that would actually be better - served by a commercially -zoned district.
Other localities have been able to guide the location of such uses through more detailed definitions for different
office types. For example, other localities recognize "data mining" offices as those that utilize technology and /or
research and appropriately recognize it as a use within an industrial area. Therefore, to better meet the goals of
the Economic Development Policy with regards to the office use issue, staff proposes the following:
1. Creating new definitions to distinguish between different types of office uses with the goal or
allowing by -right "data- mining" offices and offices accessory to an onsite industrial use.
2. Authorizing independent "commercial- office uses" by -SP rather than by -right within industrial
districts.
2. Secondary Uses /Supporting Commercial Uses
As stated within the intent of Section 9.4, Secondary Uses are intended to be complementary of and subordinate
to primary uses. These uses (retail, warehousing, supporting commercial and office uses) are limited in size
based on the total floor area devoted to the primary industrial uses. We have discussed our recommendations for
office uses in the section above and warehousing uses are actually already permitted by -right in our industrial
districts.
However, our research shows that our current size limitations for supporting commercial uses are more restrictive
than most localities. In addition, our current regulations require a Board action to modify those size limitations.
As a result, we recommend:
1. Increasing the size limitation on supporting commercial uses from 5% to 25 %.
2. Allowing this limitation to be modified by the Planning Commission.
The underlined sections of Exhibit 1 below show the current percentages of total floor area allowed for secondary
uses as described in Section 9.4.
ATTACHMENT C
Exhibit 1: Section 9.4 within Guidelines for Comprehensive Plan Service Areas
9.4 ESTABLISHMENT OF SECONDARY USES
Secondary uses are intended to be complementary of and subordinate to primary uses. To this end,
secondary uses shall be established on a pro rata basis for phased development to the floor area of primary
uses unless otherwise specifically permitted by the board in a particular case. In addition, the following
guidelines are intended to govern secondary uses unless otherwise specifically modified by the board in a
particular case:
9.4.1. Secondary residential uses shall not occupy more than twenty (20) percent of the total site area.
9.4.2. Other secondary uses shall comply with the following limitations:
a. Total floor area devoted to warehousing shall not exceed ten (10) percent of the total floor area
devoted to primary uses;
b. Total floor area devoted to supporting commercial uses shall not exceed five (5) percent of the total floor
area devoted to primary uses;
c. Total floor area devoted to related office uses shall not exceed ten (10) percent of the total floor area
devoted to primary uses;
d. As to motel /hotel /conference use, the applicant shall demonstrate that such use is intended to be
complementary of and subordinate to primary uses in terms of scale, contractual agreements with
primary uses, or otherwise
Table 1 shows the proposed increases in the limitations on the percentage of floor area for secondary uses in
industrial districts.
Table 1: Current vs. Proposed Limitations on Secondary Uses
(measured as a percentage of total floor area devoted to primary use)
3. Subordinate Retail Sales
The Ordinance currently permits limited subordinate retail sales of industrial products from an onsite industrial
use. For example, a coffee roaster could sell their coffee on a retail basis. A fire extinguisher manufacturer could
sell their fire extinguishers onsite. The current provision limits the by -right retail sales area to 15% of the floor
area of the main (industrial) use. A special use permit can increase that percentage without an ordinance
threshold on that percentage increase. The ordinance mentions that this is appropriate for the sale of items which
by their nature are bulky and require nonintensive use of the land. Our research indicates that our current by -right
provision of 15% subordinate retail sales is more restrictive than most localities. Other localities allow 20% and
higher areas for subordinate retail sales.
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Current
Proposed
Office Uses
10%
Limit by-SP
Supporting Commercial
Uses
(including supporting retail
sales )
5%
25%
Warehousing Uses
107.
Allowed by -right already
Eligible for
Modification /Waiver?
NO
YES
3. Subordinate Retail Sales
The Ordinance currently permits limited subordinate retail sales of industrial products from an onsite industrial
use. For example, a coffee roaster could sell their coffee on a retail basis. A fire extinguisher manufacturer could
sell their fire extinguishers onsite. The current provision limits the by -right retail sales area to 15% of the floor
area of the main (industrial) use. A special use permit can increase that percentage without an ordinance
threshold on that percentage increase. The ordinance mentions that this is appropriate for the sale of items which
by their nature are bulky and require nonintensive use of the land. Our research indicates that our current by -right
provision of 15% subordinate retail sales is more restrictive than most localities. Other localities allow 20% and
higher areas for subordinate retail sales.
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ATTACHMENT C
Therefore, we recommend:
Increasing the allowance for retail sales area for sales of products of the onsite industrial use
to 25 %.
2. Allowing this area limitation to be modified by the Planning Commission.
Exhibit 2 shows the current ordinance provisions for subordinate retail sales as stated within the Supplementary
Regulations:
Exhibit 2: Section 5.1.24 Subordinate Retail Sales
5.1.24 SUBORDINATE RETAIL SALES
This provision is intended to permit retail sales as subordinate to the main use. To this end, the
following regulations shall apply:
a. Retail sales area, including but not limited to showroom and outdoor display area, shall not
exceed fifteen (15) percent of the floor area of the main use except as provided for in section
27.2.2.13; (Amended 2- 20 -91)
b. Retail sales shall not precede establishment of the main use. Retail sales shall be permitted
only after or simultaneously with the establishment of the main use and shall not continue
after discontinuance of the main use; (Adopted 12 -2 -81)
c. In approval of any retail sales area the board and /or the commission may limit the areas for
retail sales in both size and location; (Added 2- 20 -91)
d. Retail sales area exceeding fifteen (15) percent of the floor area of the main use pursuant to
section 27.2.2.13 is intended to allow for uses which by their nature are bulky and require
nonintensive use of the land. The board and /or the commission in approval of such increased
sales area shall be mindful of the intent of this section to provide for only subordinate retail
sales and avoid incompatible land uses. (Added 2- 20 -91)
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ATTACHMENT C
Table 2 shows the floor area limitations for subordinate retail sales within industrial districts for various localities in
Virginia.
Table 2: Limitations on Subordinate Retail Sales in other Virginia Localities
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Accessory uses
must be
Locality
Other additional info
NO LIMIT
5%
10%
15%
20%
25%
30%
subordinate
Albemarle (A)
A
Accessory use = retail
Culpeper(C)
sales of products made
on premises
C
Max of 2000 gross SFA
Chesterfield (Ch)
using manufactured
products
Ch
Prince William (PWC)
PWC
M -1: Accessory
James City (JCC)
(incidental and
customary *) retail sales in
hotels; other retail by-right
JCC
M -2: Retail FA less than
25% of first floor area of
main use
JCC
Hanover Ha
Ha
Henrico He
through B -3
He
Nelson (Ne)
Ne
"retail sales by wholesaler
Newport News (NN)
of same goods" is
permitted
NN
Subordinate use, clearly
Hampton (Ht)
incidental and related to
principal use
Ht
Secondary, subordinate
Orange (0)
use customarily incidental
to main use
O
Permitted as an
Va. Beach (VB)
accessory (customary
and incidental) use in
both districts
VB
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