HomeMy WebLinkAboutZMA201100008 Code of Development 2012-05-15ALBEMARLE COUNTY CODE
j CHAPTER 18
ZONING
SECTION 22
COMMERCIAL - C -1
Sections:
22.1 INTENT, WHERE PERMITTED
22,2 PERMITTED USES
22.2.1 BY RIGHT
22,2,2 BY SPECIAL USE PERMIT
22.3 ADDITIONAL REQUIREMENTS
22.1 INTENT, WHERE PERMITTED
C -1 districts are hereby created and may hereafter be established by amendment to the zoning map to
permit selected retail sales, service and public use establishments which are primarily oriented to central
business concentrations. It is intended that C -1 districts be established only within the urban area,
communities and villages in the comprehensive plan. (Amended 9 -9 -92)
22.2 PERMITTED USES
O22.2. 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.
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ALBEMARLE COUNTY CODE
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)
b. The following services and public establishments:
1. Administrative, professional offices.
2. Barber, beauty shops.
3. Churches, cemeteries.
4. Clubs, lodges, civic, fraternal, patriotic (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. 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 lines, pumping
stations and appurtenances owned and operated by the Albemarle County Service Authority.
(Amended 5 -2 -93)
18. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks,
playgrounds and roads funded, owned or operated by local, state or federal agencies (reference
1.2.5); public water and sewer transmission, main or trunk lines treatment facilities, pumping
stations and the like, owned and /or operated by the Rivanna Water and Sewer Authority (reference
31.2.5; 5.1.12). (Amended 11 -1 -9)
19. Temporary construction uses (reference 5.1.1).
20. Dwellings (reference 5.1.21).
21. Medical center.
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ALBEMARLE COUNTY CODE
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 11 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)
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 section 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. Electrical power substations, transmission lines and related towers; gas or oil transmission lines,
pumping stations and appurtenances; unmanned telephone exchange centers; micro -wave and radio -
wave transmission and relay towers, substations and appurtenances.
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, and such conditions as may be imposed pursuant
to section 31.2.4.
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. Drive -in windows serving or associated with permitted 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).
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ALBEMARLE COUNTY CODE
�r 14. Tier III personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
(§ 20-22.2.2,12-10-80; 1 -1 -83; 6 -1 -83; 11 -7 -84; 6- 14 -89; Ord. 03-18(l),2-5-03; Ord. 04- 18(2), 10- 13 -04)
22.3 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the requirements of section 21.0, commercial districts,
generally, shall apply within all C -1 districts. (Amended 3- 17 -82; 7- 10 -85)
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ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 23
COMMERCIAL OFFICE - CO
Sections:
23.1 INTENT, WHERE PERMITTED
23.2 PERMITTED USES
23.2.1 BY RIGHT
23.2.2 BY SPECIAL USE PERMIT
23.3 ADDITIONAL REQUIREMENTS
23.1 INTENT, WHERE PERMITTED
CO districts are hereby created and may hereafter be established by amendment to the zoning map
to permit development of administrative, business and professional offices and supporting
accessory uses and facilities. This district is intended as a transition between residential districts
and other more intensive commercial and industrial districts.
23.2 PERMITTED USES
(� 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;
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ALBEMARLE COUNTY CODE
- 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. 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 lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law. (Amended 5- 12 -93)
8. Public uses and buildings including temporary or mobile facilities such as schools, offices,
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
facilities, pumping stations and the like, owned and /or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11 -1 -89)
9. Temporary construction uses (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 1I personal wireless service facilities (reference 5.1.40). (Added 10- 13 -04)
15. Farmers' markets (reference 5.1.47). (Added 5 -5 -10)
(§ 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)
23.2.2 BY SPECIAL USE PERMIT
The following uses shall be permitted only by special use permit approved kby the board of
supervisors pursuant to section 31.2.4:
1. Hospitals.
2. Funeral homes.
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Zoning Supplement 460, 5 -5 -10
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3. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-
wave and radio -wave transmission and relay towers, substations and appurtenances.
4. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11 -7 -84;
Amended 2 -5 -03)
5. Commercial uses otherwise permitted having drive -in windows (Added H -7 -84)
6. School of special instruction. (Added 1 -1 -87)
7. Clubs, lodges, civic, fraternal, patriotic (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 such conditions as may
be imposed pursuant to section 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)
(§ 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)
23.3 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the requirements of section 21.0, commercial
districts, generally, shall apply within all CO districts.
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CHAPTER 18
ZONING
SECTION 24
HIGHWAY COMMERCIAL - HC
Sections:
24.1
INTENT, WHERE PERMITTED
24.2
PERMITTED USES
24.2.1
BY RIGHT
24.2.2
BY SPECIAL USE PERMIT
24.3
MINIMUM FRONTAGE, SHAPE OF DISTRICT
24.4
ADDITIONAL REQUIREMENTS
24.1 INTENT, WHERE PERMITTED
HC districts are hereby created and may hereafter be established by amendment to the zoning map
to permit development of commercial establishments, other than shopping centers, primarily
oriented to highway locations rather than to central business concentrations. It is intended that HC
districts be established on major highways within the urban area and communities in the
comprehensive plan. It is further intended that this district shall be for the purpose of limiting
sprawling strip commercial development by providing sites with adequate frontage and depth to
permit controlled access to public streets.
24.2 PERMI.TTED USES
.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, civic, fraternal, patriotic (reference 5.1.2).
7. Convenience stores.
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(� 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.
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(' 35. 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 lines,
pumping stations and appurtenances owned and operated by the Albemarle County Service
Authority. Except as otherwise expressly provided, central water supplies and central
sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law. (Amended 5- 12 -93)
36. Public uses and buildings including temporary or mobile facilities such as schools, offices,
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
facilities, pumping stations and the like, owned and /or operated by the Rivanna Water and
Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11 -1 -89)
37. Temporary construction uses (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)
(§ 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)
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).
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Zoning Supplement 460, 5 -5 -10
ALBEMARLE COUNTY CODE
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 radio -wave transmission and relay towers, substations and appurtenances (reference
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 l- 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 -in windows serving or associated with permitted 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)
14. Warehouse facilities not permitted under section 24.2.1 (reference 9.0). (Added 6- 19 -91)
".i
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)
(§ 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)
24.3 MINIMUM FRONTAGE, SHAPE OF DISTRICT
Minimum frontage required on a public street for the establishment of an HC district shall be one
hundred and fifty (150) feet. Frontage of an HC district shall not exceed depth. This section shall
not apply to HC districts established at the adoption of the zoning map.
24.4 ADDITIONAL REQUIREMENTS
In addition to the requirements contained herein, the requirements of section 21.0, commercial
districts, generally, shall apply within all HC districts.
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December 9, 2011
To whom it may concern:
CERTIFICATE OF LIMITED LIABILITY COMPANY
CERTIFICATE OF INCUMBENCY
The undersigned, Timothy I. Kelsey, corporate attorney for Notch'd, LLC, a Virginia limited
liability company does hereby certify that, as of the date hereof,
1. Notch'd, LLC is organized pursuant to the Virginia Limited Liability Company Act and
that its certificate of organization has not been cancelled; and
2. The following individuals and /or entities are the sole Members of Notch'd, LLC with the
following ownership interests:
JEFF SPROUSE— 50.0%
MICHELLE SPROUSE — 50.0%
3. The following individuals are authorized unilaterally to bind Notch'd, LLC:
JEFF SPROUSE, Member - Manager
MICHELLE SPROUSE, Member - Manager
Nothing more is certified.
.................. .... ..................
.................. .... ..................
7 4;v
Timothy I. Kelsey, Attorney for Notch'd, LLC
Boyle, Bain, Reback & Slayton
420 Park Street
Charlottesville, VA 22902
434 - 977 -6155 (phone)
BOYLE, BAIN, REBACK & SLAYTON
~\
Attorneys and Counsellors at Law
Fidward H. Bain, Jr.
Counsel
Forbes R. Reback
420 Park Street
of
` Marshall M. Slayton
"Timothy I. Kelsey
Charlottesville, Virginia 22902
Robert P. Boyle
C. Connor Crook
Telephone (434) 977 -6155
(1930 -1992)
Jonathan S. Woodruff
Facsimile (434) 977 -3298
Jack. N. Kegley
www.bbrs.net
Retired
Writer's email: tim.kelsey @bbrs.nct
December 9, 2011
To whom it may concern:
CERTIFICATE OF LIMITED LIABILITY COMPANY
CERTIFICATE OF INCUMBENCY
The undersigned, Timothy I. Kelsey, corporate attorney for Notch'd, LLC, a Virginia limited
liability company does hereby certify that, as of the date hereof,
1. Notch'd, LLC is organized pursuant to the Virginia Limited Liability Company Act and
that its certificate of organization has not been cancelled; and
2. The following individuals and /or entities are the sole Members of Notch'd, LLC with the
following ownership interests:
JEFF SPROUSE— 50.0%
MICHELLE SPROUSE — 50.0%
3. The following individuals are authorized unilaterally to bind Notch'd, LLC:
JEFF SPROUSE, Member - Manager
MICHELLE SPROUSE, Member - Manager
Nothing more is certified.
.................. .... ..................
.................. .... ..................
7 4;v
Timothy I. Kelsey, Attorney for Notch'd, LLC
Boyle, Bain, Reback & Slayton
420 Park Street
Charlottesville, VA 22902
434 - 977 -6155 (phone)