HomeMy WebLinkAboutZTA201500015 Staff Report 2016-03-02 (2)Draft: 02/02/16
ORDINANCE NO. 16-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, AND
ARTICLE III, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE,
VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18,
Zoning, Article II, Basic Regulations, and Article III, District Regulations, are hereby amended and
reordained as follows:
By Amending:
Sec. 4.12.6
Minimum number of required parking spaces for scheduled uses
Sec. 20A.6
Permitted uses
Sec. 20B.2
Permitted uses
Sec. 22.2. 1
By right
Sec. 22.2.2
By special use permit
Sec. 23.2.1
By right
Sec. 23.2.2
By special use permit
Sec. 24.2.1
By right
Sec. 24.2.2
By special use permit
Sec. 25.2.1
By right
Sec. 25.2.2
By special use permit
By Adding:
Sec. 5.1.60 Drive-through windows
Chapter 18. Zoning
Article II. Basic Regulations
Sec. 4.12.6 Minimum number of required parking spaces for scheduled uses
Except when alternative parking is approved as provided in section 4.12.8, the following schedule shall
apply to determine the number of required off-street parking spaces to be provided in a particular
situation. If a particular use is not scheduled, then section 4.12.7 shall apply.
Automated teller machines (ATMs): Two (2) spaces per each outdoor walk-up type; five (" stacking
spaees per- eaeh drive up 4ype. (Added 2-5-03)
Draft: 02/02/16
Financial institution: One (1) space per one hundred fifty (150) square feet of gross floor area. This
requirement may be reduced by twenty-five (25) square feet per drive-in aisle. Eaeh drive through lane
serving a finaneial instittifien shall pfavide, -A ffi-in-iffmm of five (5) staeking spaees that shall not impede
(Amended 2-5-
03)
Restaurant: Thirteen (13) spaces per one thousand (1,000) square feet of gross floor area including areas
for accessory dancing. Drive through lanes serving esta ,,.an4s shall provide a mininmm of fie (5)
staeking spaees that shall not impede any r-e"ired par -king or Wading spaees or- any pedestFian e
vehicular- eir-oulation aisles. The five (5) staek-ing spaces shall be pr-evided a4 the er-Eler- beafd a -ad
additional spaees y be ,.,.,.yide,a at the p o„•1 or iek , windews. (Added 2-5-03)
Sec. 5.1.60 Drive-through windows
Each drive-through window shall be subject to the following:
a. If the building is adjacent to a public street, any drive-through windows shall be located on the
side or rear of the building, away from the public street.
b. No drive-through lane shall be located between a buildingand a public street unless separated
from the right of way by a landscaped area that complies with section 32.7.9.5(b), (c), (dl. and (e)
and is at least ten (10) feet in depth extendingthe of the drive-through
C. No portion of a drive-through lane shall be located within fifty (50) feet of a residential district.
the rural areas district, the Monticello Historic district, or any part of a planned development
district allowing residential uses.
d. If any portion of a drive-through lane that is located between fifty (50) and one hundred(1001
feet of a residential district, the rural areas district, the Monticello Historic district, or anpart of
a planned development allowing residential uses, the drive-through window shall be open for
business no earlier than 7:00 a.m. and shall be closed no later than 10:00 p.m., daily.
e. Each drive-through lane shall be separated from any pedestrian travelway, except where a
pedestrian travelwav crosses the drive-through lane as provided in subsection (f), and any
vehicular travel areas, by a planting strip at least five (51 feet in width.
f. If a pedestrian travelwav crosses a drive-through lane, the owner shall provide either a five (5)
foot wide raised pedestrian travelwav or a five (5) foot wide pedestrian travelway containing a
change in texture and visual markings.
g. Each drive-through lane shall be at least eleven (11) feet wide.
h. No drive-through lane shall enter directly from or exit directly to o any public street.
i. Each entrance to a drive-through lane shall be more than fifty_ (50) feet from any intersection with
a public or private street or travelwav without parking.
j. Each drive-through lane shall be a minimum of one hundred (100) feet in length measured from
the center of the first window or service point. This length may be reduced if a study is submitted
Draft: 02/02/16
and approved by the director of community development or his designee demonstrating that a
shorter length will be sufficient for a particular use.
k. Each drive-through lane shall extend at least twenty (20) feet beyond the drive-through window.
1. If a drive-through lane is located "¢ to an internal travelwav, the direction of travel in the
drive-through lane and the travelwav shall be the same unless they are separated from one another
by a landscaped area that complies with section 32.7.9.5(b). (c). (d). and (e) and is at least ten
10) feet in depth extending the length of the drive-through lane.
Article III. District Regulations
Section 20A Neighborhood Model District — NMD
Sec. 20A.6 Permitted uses
The following uses shall be permitted in an NMD, subject to the regulations in this section and section 8,
the approved application plan and code of development, and the accepted proffers:
a. By right uses. The following uses are permitted by right if the use is expressly identified as a by
right use in the code of development or if the use is permitted in a determination by the zoning
administrator pursuant to subsection 8.5.5.2(c)(1):
Each use allowed by right or by special use permit in any other zoning district, except for
those uses allowed only by special use permit delineated in subsections 20A.6(b)(2) and
(b)(3); provided that the use is identified in the approved code of development.
2. Water, sewer, energy and communications distribution facilities.
Accessory uses and buildings including storage buildings.
4. Home occupation, Class A, where the district includes residential uses.
Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
6. Public uses (reference 5.1.12).
Tourist lodgings, where the district includes residential uses.
Group homes, where the district includes residential uses.
9. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
10. Farmers' markets (reference 5.1.47).
11. Family day homes (reference 5.1.56). (Added 9-11-13)
12. Drive-through windows (reference 5.1.601.
Draft: 02/02/16
b. By special use permit. The following uses are permitted by special use permit if the use is
expressly identified as use permitted by special use permit in the code of development:
1. Each use allowed by right or by special use permit in any other zoning district.
3. Outdoor storage, display and/or sales serving or associated with a by right permitted use,
if any portion of the use would be visible from a travelway.
(Ord. 03-18(2), 3-19-03; Ord 04-18(2), 10-13-04; Ord. 09-18(9), 10-14-09; Ord. 10-18(4), 5-5-10; Ord. 13-
18(2), 4-3-13; Ord. 13-18(5), 9-11-13)
Section 20B Downtown Crozet District — DCD
Sec. 20B.2 Permitted uses
The following uses shall be permitted in the DCD, subject to the regulations in this section:
A. By right uses; retail and service. The following retail and service uses are permitted by right:
1. Antique, gift, jewelry, notion and craft shops.
2. Automobile, truck repair shops excluding body shops.
3. Barber, beauty shops.
4. Clothing, apparel and shoe shops.
5. Commercial recreation establishments including, but not limited to, amusement centers,
bowling alleys, pool halls and dance halls.
6. Convalescent homes (reference 5.1.13).
7. Convenience stores.
8. Department stores.
9. Drug stores, pharmacies.
10. Factory outlet stores, clothing and fabric.
11. Farmers' markets (reference 5.1.47). (Amended 5-5-10)
12. Feed and seed stores (reference 5.1.22).
13. Financial institutions.
14. Fire extinguisher and security products sales and service.
15. Florists.
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16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary
and wine and cheese shops.
17. Funeral homes.
18. Furniture and home appliances sales and service.
19. Hardware stores.
20. Health spas.
21. Hotels, motels and inns.
22. Indoor athletic facilities.
23. (Repealed 12-11-13)
24. Laundries, dry cleaners.
25. Musical instrument sales and repair.
26. New automotive parts sales.
27. Newspaper publishing.
28. Newsstands, magazines, pipe and tobacco shops.
29. Nursing homes (reference 5.1.13).
30. Office and business machines sales and service.
31. Optical goods sales and service.
32. Photographic goods sales and service.
33. (Repealed 12-11-13)
34. Restaurants.
35. Retail nurseries and greenhouses.
36. Service stations.
37. Sporting goods sales.
38. Tailors and seamstresses.
39. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
E
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40. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
41. Tourist lodging.
42. Visual and audio appliances.
43. Laboratories/Research and Development/Experimental Testing.
44. Drive-through windows (reference 5.1.601.
B. By right uses; office. The following office uses are permitted by right:
1. Offices.
2. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
C. By right uses; public and civic. The following public and civic uses are permitted by right:
1. Churches.
2. Clubs, lodges (reference 5.1.02).
3. Conference centers, outdoor auditoriums, public art or kiosks.
4. Cultural arts centers.
5. Day care centers (reference 5.1.06).
6. Water, sewer, energy and communications distribution facilities.
7. Fire, ambulance and rescue squad stations (reference 5.1.09).
8 Libraries.
9. Outdoor performance areas.
10. Parking structures and stand alone parking structures (reference 4.12 and 5.1.41).
11. Private schools.
12. Public uses (reference 5.1.12).
13. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
14. Theaters, live and movie, including multi -screen movie theaters.
D. By right uses; residential. The following residential uses are permitted by right, provided that
the first floor of the building in which the residential use exists is designed for and occupied
only by a use permitted by subsections 20B.2(A), (B), (C) or (E):
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1. Apartments, either as a single-family dwelling or as a multiple -family dwelling.
2. Attached single-family dwellings such as townhouses.
3. Boarding houses.
4. Condominiums.
5. Group homes (reference 5.1.07).
6. Tourist lodging within detached single-family dwellings existing on June 4, 2008.
7. Dwellings occupied by the owner or employees of a permitted commercial use, and their
families (reference 5.1.21).
8. Family day homes (reference 5.1.56). (Added 9-11-13)
E. By special use permit; non-residential uses. The following non-residential uses are permitted
by special use permit:
1. (Repealed 12-11-13)
2. (Repealed 12-11-13)
3. (Repealed 12-11-13)
4. Car washes.
5. (Repealed 12-11-13)
6. (Repealed 12-11-13)
7. Drive thr-ough windows-.
8. Energy and communications transmission facilities (reference 5.1.12).
9. Hospitals.
10. (Repealed 12-11-13)
11. (Repealed 12-11-13)
12. Preparation of printing plates including typesetting, etching and engraving.
13. Stand-alone parking (reference 4.12).
14. (Repealed 12-11-13)
15. Tier III personal wireless service facilities (reference 5.1.40).
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16. Towing and storage of motor vehicles (reference 5.1.32).
17. Veterinary offices and animal hospitals.
18. Storage/Warehousing/Distribution/Transportation.
19. Manufacturing/Processing/Assembly/Fabrication and Recycling.
F. By special use permit; residential uses. The following residential uses are permitted by special
use permit without the restriction on first floor uses required by subsection 20B.2(D), provided
that there is no other use permitted by subsections 20B.2(A), (B) or (E) on the same lot:
1. Apartments, either as a single-family dwelling or as a multiple -family dwelling.
2. Attached single-family dwellings such as townhouses.
3. Boarding houses.
4. Condominiums.
5. Detached single-family dwellings.
6. Group homes (reference 5.1.07)
7. Tourist lodging within detached single-family dwellings existing on June 4, 2008.
8. Dwellings occupied by the owner or employees of a permitted commercial use, and their
families. (reference 5.1.21)
9. Family day homes (reference 5.1.56).
G. Accessory uses and structures. Accessory uses and structures are permitted, including but not
limited to: (i) home occupations, Class A and Class B (reference 5.2) for primary residential
uses; (ii) storage buildings for primary residential and non-residential uses; (iii) outdoor
performance areas for primary cultural arts center uses; and (iv) prototype manufacturing for
research and development uses.
(Ord. 08-18(3), 6-11-08; Ord. 10-18(4), 5-5-10; Ord. 13-18(2), 4-3-13; Ord. 13-18(5), 9-11-13; Ord. 13-
18(8), 12-11-13)
Section 22 Commercial District — C-1
Sec. 22.2.1 By right
The following uses shall be permitted in any C-1 district, subject to the applicable requirements of
this chapter. The zoning administrator, after consultation with the director of planning and other
appropriate officials, may permit as a use by right, a use not specifically permitted; provided that
such use shall be similar to uses permitted by right in general character and more specifically,
similar in terms of locational requirements, operational characteristics, visual impact and traffic
generation. Appeals from the zoning administrator's decision shall be as generally provided in
section 34.
Draft: 02/02/16
a. The following retail sales and service establishments:
1. Antique, gift, jewelry, notion and craft shops.
2. Clothing, apparel and shoe shops.
3. Department store.
4. Drug store, pharmacy.
5. Florist.
6. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary
and wine and cheese shops.
7. Furniture and home appliances (sales and service).
8. Hardware store.
9. Musical instruments.
10. Newsstands, magazines, pipe and tobacco shops.
11. Optical goods.
12. Photographic goods.
13. Visual and audio appliances.
14. Sporting goods.
15. Retail nurseries and greenhouses.
16. Farmers' markets (reference 5.1.47).
17. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area
of the establishment may exceed 4,000 square feet per site by special exception approved
by the board of supervisors.
18. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area
of the establishment may exceed 4,000 square feet per site by special exception approved
by the board of supervisors.
19. Drive-through windows (reference 5.1.601.
b. The following services and public establishments:
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Draft: 02/02/16
1. Administrative, professional offices.
2. Barber, beauty shops.
3. Churches, cemeteries.
4. Clubs, lodges (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. Water, sewer, energy and communications distribution facilities.
18. Public uses (reference 5.1.12).
19. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
20. Dwellings (reference 5.1.21).
21. (Repealed 4-3-13)
22. Automobile, truck repair shop excluding body shop.
23. Temporary nonresidential mobile homes (reference 5.8).
24. Indoor athletic facilities.
25. (Repealed 5-5-10)
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Draft: 02/02/16
26. Stormwater management facilities shown on an approved final site plan or subdivision
plat.
27. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
(§ 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; Ord. 13-18(2), 4-3-13)
Sec. 22.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of supervisors:
1. Commercial recreation establishments including but not limited to amusement centers, bowling
alleys, pool halls and dance halls.
2. Energy and communications transmission facilities.
3. Hospitals.
4. Fast food restaurant.
5. Veterinary office and hospital (reference 5.1.11).
6. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein.
7. Hotels, motels and inns.
8. Motor vehicle sales and rental in communities and the urban area as designated in the
comprehensive plan.
9. Stand alone parking and parking structures (reference 4.12, 5.1.41).
10. Drive thr-ough windows-.
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.
12. Body shop.
13. Animal shelter (reference 5.1.11).
14. Tier III personal wireless service facilities (reference 5.1.40).
15. Storage/Warehousing/Distribution/Transportation
(§ 20-22.2.2,12-10-80; 1-1-83; 6-1-83; 11-7-84; 6-14-89; 9-9-92; 6-16-99; Ord. 03-18(l),2-5-03; Ord. 04-
18(2), 10-13-04; Ord. 13-18(2), 4-3-13)
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Draft: 02/02/16
Section 23 Commercial Office -- CO
Sec. 23.2.1 By right
The following uses shall be permitted in the CO district, subject to the applicable requirements of
this chapter:
1. Administrative and business offices.
2. Professional offices, including medical, dental and optical.
3. Financial institutions.
4. Churches, cemeteries.
5. Libraries, museums.
6. Accessory uses and structures incidental to the principal uses provided herein. The aggregate
of all accessory uses shall not occupy more than twenty (20) percent of the floor area of the
buildings on the site. The following accessory uses shall be permitted:
-Eating establishments;
-Newsstands;
-Establishments for the sale of office supplies and service of office equipment;
-Data processing services;
-Central reproduction and mailing services and the like;
-Ethical pharmacies, laboratories and estabishments for the production, fitting and/or sale of
optical or prosthetic appliances on sites containing medical, dental or optical offices;
-(Repealed 3-17-82)
-Sale/service of goods associated with the principal use such as, but not limited to: musical
instruments, musical scores, text books, artist's supplies and dancing shoes and apparel;
-Barber shops;
-Beauty shops.
7. Water, sewer, energy and communications distribution facilities.
8. Public uses (reference 5.1.12).
9. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
10. Dwellings (reference 5.1.21).
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11. Temporary nonresidential mobile homes (reference 5.8).
12. Day care, child care or nursery facility (reference 5.1.6).
13. Stormwater management facilities shown on an approved final site plan or subdivision plat.
14. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
15. Farmers' markets (reference 5.1.47).
16. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of
the establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
17. Drive-through windows (reference 5.1.601.
(§ 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; Ord. 13-18(2), 4-3-13)
Sec. 23.2.2 By special use permit
The following uses shall be permitted only by special use permit approved by the board of
supervisors:
1. Hospitals.
2. Funeral homes.
3. Energy and communications transmission facilities.
4. Stand alone parking and parking structures (reference 4.12, 5.1.41).
5. Drive thr-ough windows-.
6. School of special instruction.
7. Clubs, lodges (reference 5.1.2).
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.
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.
10. Hotels, motels and inns (reference 9.0).
11. Supporting commercial uses (reference 9.0).
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12. Research and development activities including experimental testing.
13. Laboratories, medical or pharmaceutical.
14. Indoor athletic facilities.
15. Tier III personal wireless service facilities (reference 5.1.40).
16. Storage/Warehousing/Distribution/Transportation.
17. Manufacturing/Processing/Assembly/Fabrication/Recycling.
(§ 20-23.2.2, 12-10-80; 11-7-84; 1-1-87; 6-14-89; 6-19-91; 6-10-92; 9-15-93; Ord. 03-18(1), 2-5-03; Ord.
04-18(2), 10-13-04; Ord. 13-18(2), 4-3-13)
Section 24 Highway Commercial — HC
Sec. 24.2.1 By right
The following uses shall be permitted in any HC district, subject to the applicable requirements of
this chapter. The zoning administrator, after consultation with the director of planning and other
appropriate officials, may permit, as a use by right, a use not specifically permitted; provided that
such use shall be similar to uses permitted by right in general character, and more specifically,
similar in terms of locational requirements, operational characteristics, visual impact and traffic
generation. Appeals from the zoning administrator's decision shall be as generally provided in
section 34.
1. Automobile laundries.
2. Automobile, truck repair shops.
3. Automobile service stations (reference 5.1.20).
4. Building materials sales.
5. Churches, cemeteries.
6. Clubs, lodges (reference 5.1.02).
7. Convenience stores.
8. Educational, technical and trade schools.
9. Factory outlet sales - clothing and fabric.
10. Feed and seed stores (reference 5.1.22).
11. Financial institutions.
12. Fire extinguisher and security products, sales and service.
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13. Fire and rescue squad stations (reference 5.1.09).
14. Funeral homes.
15. Furniture stores.
16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and
wine and cheese shops.
17. Home and business services such as grounds care, cleaning, exterminators, landscaping and
other repair and maintenance services.
18. Hardware.
19. (Repealed 6-3-81)
20. Hotels, motels and inns.
21. Light warehousing.
22. Machinery and equipment sales, service and rental.
23. Mobile home and trailer sales and service.
24. Modular building sales.
25. Motor vehicle sales, service and rental.
26. New automotive parts sales.
27. Newspaper publishing.
28. Administrative, business and professional offices.
29. Office and business machines sales and service.
30. Eating establishment; fast food restaurants.
31. Retail nurseries and greenhouses.
32. Sale of major recreational equipment and vehicles.
33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).
34. Wholesale distribution.
35. Water, sewer, energy and communications distribution facilities.
36. Public uses (reference 5.1.12).
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37. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
38. Indoor theaters.
39. Heating oil sales and distribution (reference 5.1.20).
40. Temporary nonresidential mobile homes (reference 5.8).
41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-1.
42. Indoor athletic facilities.
43. Farmers' market (reference 5.1.47).
44. Stormwater management facilities shown on an approved final site plan or subdivision plat.
45. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
46. Storage yards.
47. Laboratories/Research and Development/Experimental Testing; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of
the establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
48. Manufacturing/Processing/Assembly/Fabrication and Recycling; gross floor area of the
establishment does not exceed 4,000 square feet per site; provided that the gross floor area of
the establishment may exceed 4,000 square feet per site by special exception approved by the
board of supervisors.
49. Storage/Warehousing/Distribution/Transportation; gross floor area of the establishment does
not exceed 4,000 square feet per site; provided that the gross floor area of the establishment
may exceed 4,000 square feet per site by special exception approved by the board of
supervisors.
50. Drive-through windows (reference 5.1.60.
(§ 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; Ord. 13-18(2), 4-3-13)
Sec. 24.2.2 By special use permit
The following uses shall be permitted by special use permit in the HC district:
1. Commercial recreation establishment including but not limited to amusement centers, bowling
alleys, pool halls and dance halls.
2. Septic tank sales and related service.
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3. Livestock sales.
4. Veterinary office and hospital (reference 5.1.11).
5. Drive-in theaters (reference 5.1.08).
6. Energy and communications transmission facilities (reference 5.1.12).
7. Hospitals, nursing homes, convalescent homes (reference 5.1.13).
8. Auction houses.
9. Unless such uses are otherwise provided in this section, uses permitted in section 18.0,
residential - R-15, in compliance with regulations set forth therein.
10. Commercial kennels - indoor only (reference 5.1.11).
11. Stand alone parking and parking structures (reference 4.12, 5.1.41).
T.
-Drive dffeugh windows.
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.
14. Warehouse facilities not permitted under section 24.2.1 (reference 9.0).
15. Animal shelter (reference 5.1.11).
16. Tier III personal wireless service facilities (reference 5.1.40).
17. Body shops.
(§ 20-24.2.2, 12-10-80; 1-1-83; 11-7-84; 6-14-89; 6-19-91; 9-9-92; § 18-24.2.2, Ord. 98-A(1), 8-5-98;
Ord. 99-18(4), 6-16-99; Ord. 03-18(1), 2-5-03; Ord. 04-18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord.
11-18(2), 1-12-11; Ord. 13-18(2), 4-3-13)
Section 25 Planned Development — Shopping Center — PD -SC
Sec. 25.2.1 By right
The following uses shall be permitted by right in the PD -SC district:
1. Uses permitted by right in the C-1, CO and HC districts, except for storage yards. Outdoor
storage, sales or display shall be permitted only when enclosed by appropriate visual screening.
2. Energy and communications transmission facilities.
3. Public uses (reference 5.1.12).
17
Draft: 02/02/16
4. Temporary construction headquarters and temporary construction storage yards (reference
5.1.18).
5. Drive-through windows (reference 5.1.601.
§ 20-25.2.1, 12-10-80; 11-1-89; 5-12-93; § 18-25.2.1, Ord. 98-A(1), 8-5-98; § 18-25.2.1, Ord. 98-A(1), 8-
5-98; Ord. 08-18(6), 11-12-08; Ord. 13-18(2), 4-1-13)
Sec. 25.2.2 By special use permit
The following uses shall be permitted by special use permit in the PD -SC district:
1. Commercial recreational establishment included but not limited to amusement centers, bowling
alleys, pool halls and dance halls. (Amended 1-1-83)
2. Energy and communications transmission facilities (reference 5.1.12).
3. Parking structures located wholly or partly above grade.
4. Dr-iN,e tlffeegh windows.
5. Veterinary office and hospital (reference 5.1.11).
6. Tier III personal wireless service facilities (reference 5.1.40).
7. Storage yards.
(§ 20-25.2.2, 12-10-80; 1-1-83; 11-7-84; 11-15-89; 9-9-92; § 18-25.2.2, Ord. 98-A(1), 8-5-98; Ord. 04-
18(2), 10-13-04; Ord. 08-18(6), 11-12-08; Ord. 13-18(2), 4-1-13)
1, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to as
recorded below, at a regular meeting held on
Mr. Dill
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
Mr. Sheffield
Clerk, Board of County Supervisors
18
COUNTY OF ALBEMARLE
TRANSMITTAL TO THE BOARD OF SUPERVISORS
SUMMARY OF PLANNING COMMISSION ACTION
AGENDA TITLE:
ZTA2015-15 Drive -Through Windows
SUBJECT/PROPOSAL/REQUEST:
Proposal to amend the Zoning Ordinance to
make drive-through windows a by -right use
instead of requiring a special use permit. The
proposal includes establishing supplementary
regulations for drive-through windows.
AGENDA DATE:
March 2, 2016
STAFF CONTACT(S):
Bill Fritz, Greg Kamptner, Sarah Baldwin
PRESENTER (S):
Bill Fritz
BACKGROUND:
On December 2, 2015, the Board adopted a resolution of intent to amend the Zoning Ordinance to make
drive-through windows a by -right use. Currently, drive-through windows are permitted only by special use
permit. Applications for drive-through windows account for 11 % of all special use permit applications
received since January 1, 2013. None of those applications that were reviewed by the Board were
denied. (Some were withdrawn, deferred or are currently under review.) The Zoning Ordinance contains
limited regulations for drive-through windows. Current regulations are limited to the number of required
stacking spaces, and aisle width and by-pass lane requirements. The design of each application is
reviewed on a case by case basis.
PLANNING COMMISSION ACTION:
On January 26, 2016, the Planning Commission ("PC") recommended approval of the proposed
zoning text amendment ("ZTA") with one revision by a vote of 5-1 (More) (Lafferty absent). See
Attachments C, D and E for the PC staff report, action letter and minutes.
DISCUSSION:
The proposed ZTA would make drive-through windows a by -right use in all districts where they are
currently permitted by special use permit, and would impose design standards. If the design standards
are met, the drive-through would be approved. If an applicant wanted to deviate from the design
standards, the applicant could apply for a special exception that would be subject to review and approval
by the Board.
The PC discussed the idea that drive-through windows may not advance the idea of walkable
communities. There was some discussion about the appropriateness of drive-through windows being by -
right in the Downtown Crozet District. The PC also discussed the concept that drive-through windows
provide accessibility to services for the elderly and disabled.
The PC recommended only one change to the ZTA. The draft ZTA that was presented to the PC
established setbacks for drive-through windows when they are adjacent to residential areas. Staff
recommended, and the PC agreed, that the setbacks should also apply if the drive-through is adjacent to
agriculturally -zoned land. See Attachment A for the revised ZTA and Attachment B for the comparison
version.
RECOMMENDATIONS:
The Planning Commission recommended approval of the ZTA, as revised. Staff recommends that the
Board adopt the attached ZTA (Attachment A), which includes the revision.
ATTACHMENTS:
Attachment A — Proposed Zoning Text Amendment
Attachment B — Proposed Zoning Text Amendment showing comparison to original language
presented to Planning Commission
Attachment C — Planning Commission Staff Report
Attachment D — Planning Commission Action Letter
Attachment E — Planning Commission Minutes
COUNTY OF ALBEMARLE
AGENDA TITLE:
ZTA 2015-15 Drive-through Windows
SU BJ ECT/PROPOSAL/REQU EST:
Proposal to amend the ordinance to make
drive-through windows a by -right use
instead of requiring a special use permit.
The proposal includes establishing
supplementary regulations for drive-through
windows.
STAFF CONTACT(S):
Bill Fritz, Greg Kamptner, Sarah Baldwin
PRESENTER (S):
Bill Fritz
EXECUTIVE SUMMARY
AGENDA DATE:
January 26, 2016
ACTION: X INFORMATION:
ATTACHMENTS: Yes
BACKGROUND:
On December 2, 2015 the Board of Supervisors adopted a resolution of intent to amend the ordinance to consider making
drive-through windows a by -right use. Currently drive-through windows are currently only permitted by special use permit.
Applications for drive-through windows have accounted for 11 % of all special use permit applications since 1/1/13. None
of the applications that were reviewed by the Board of Supervisors were denied. (Some were withdrawn, deferred or are
currently under review.) The Zoning Ordinance contains limited regulations for drive-through windows. Current
regulations are limited to number of stacking spaces, aisle width and by-pass lane requirements. The design of each
application is review on a case by case basis.
DISCUSSION:
Staff researched best practices for drive-through windows in order to develop supplemental regulations that would
allow drive-through windows to be permitted by -right. These regulations address issues such as: separation of drive-
through lanes from travel lanes and pedestrian areas, relationship of windows to residential areas and public streets,
separation of entrances on public streets, length and width of drive-through lanes and direction of traffic flow on-site.
Staff reviewed existing facilities in Albemarle County to determine how they work in "real world" situations. Those
existing sites that meet the proposed regulations appear to have the fewest conflicts and smoothest operations and
are sites where we have not received complaints or comments of concern. Those that do not meet the regulations are
those which the County has received complaints or comments of concern.
The proposed ordinance would make drive-through windows a by -right use in those districts where they are currently
permitted by special use permit. Any site that met the supplemental regulations could be approved administratively. If
an applicant proposed a design that does not meet the regulations they would have the option of requesting a special
exception from the Board of Supervisors. This allows for any type of drive-through design to be considered.
BUDGET IMPACT:
Currently drive-through windows are by special use permit only. The fee received for a special use permit
application covers an estimated 10% of the cost of review. Since January 1, 2013 the County has received 9
applications for drive-through windows. If they had been reviewed by -right the savings to the County would have
been approximately $17,000.
RECOMMENDATIONS:
Staff recommends adoption of the attached ordinance.
ATTACHMENTS:
Attachment A — Proposed Ordinance
Attachment B — Resolution of Intent