HomeMy WebLinkAboutLZC200500015 Action Letter 2017-07-12COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 229024596
Phone 434 296-5832 Fax 434 9724126
September 7, 2004
Tara Rowan Boyd
LeClair Ryan
Post Office Box 2017
Charlottesville, VA 22902-2017
RE: OFFICIAL DETERMINATION OF DEVELOPMENT RIGHTS AND PARCELS- Tax
Map 102, Parcels 35 (Property of Patricia M. Kluge), 35C (Property of J. W. Kluge)
and 35A (Property of Kluge Estate Winery & Vineyard) Section 10.3.1
Dear Ms. Boyd:
The County Attorney and I have reviewed the title information for the above -noted
properties. It is the County Attorney's advisory opinion and my official determination
that Tax Map 102, Parcel 35 contains two (2) development rights, Tax Map 102, Parcel
35A contains ten (10) development rights. Tax Map 102, Parcel 35C contains zero (0)
development rights. The basis for this determination is provided below.
Tax Map 102, Parcel 35 (Albemarle House)
Our records indicate Tax Map 102, Parcel 35 contains 9.904 acres and one dwelling.
The property is not in an Agricultural Forestal District. The most recent deed for this
property is recorded in Deed Book 1105, page 185.
The analysis for this parcel begins with the deed recorded in Deed Book 175, page 20.
This deed contains a plat of a 308 2/5-acre tract. This property was identified in 1980 as
Tax Map 102, Parcel 35. This plat established the original Parcel 35, containing
308.4 acres as a lot of record for purposes of Section 10.3.
The most recent document for this parcel recorded prior to the adoption of the
ordinance, December 10, 1980, is a plat by William S. Roudabush that is dated January
9, 1977 and recorded in Deed Book 702, page 27. The plat shows a 4.151-acre parcel,
designated as Parcel A, that was a portion of a 308.4-acre tract shown on the plat that
is recorded in Deed Book 175, page 21. The 4.151-acre tract is designated as Parcel 35
I:0EPTIBCZSIDetermin of P2rce11102-35 & 35A & 35C Kluge. doc
Tara Rowan Boyd
September 7, 2004
Page 2
on Tax Map 102. The residue is designated as Parcel 35A on Tax Map 102. On the
basis of this deed, this 4.151-acre portion of Tax Map 102, Parcel 35 is determined
to be a parcel of record with two development rights.
Deed Book 735, page 161, dated February 12, 1982 conveyed 4.151 acres from Ronald
K. Barrister and Inez A. Barrister to John W. Kluge. The property is described as being
the same that was shown on the plat that is recorded in Deed Book 702, page 27. This
transaction has no effect on the status of the 4.151-acre parcel.
Deed Book 824, page 63, dated December 10, 1984, conveyed 16 tracts of land from
John W. Kluge and Patricia M. Kluge to JWK Properties, Inc. Among these tracts was
(3) identified as containing 4.151 acres and as being the same property that was
conveyed to John W. Kluge by the deed recorded in Deed Book 735, page161. This
transaction has no effect on the status of the 4.151-acre - parcel.
Deed Book 1105, page 185, dated June 13, 1990, conveyed 9.904 acres from JWK
Properties, Inc. to Patricia M. Kluge. The property is shown on a plat by Gloeckner and
Osborne that is attached to the deed. The plat transferred 5.753 acres from Parcel 35A
to Parcel 35. No development rights were conveyed to Parcel 35. As a result of this
transaction, Tax Map 102, Parcel 35 contains 9.904 acres and two development
rights. The development rights are located within the area of the original 4.151
acre parcel.
Tax Map 102, Parcel 35A
Our records indicate Tax Map 102, Parcel 35A contains 165.130 acres and no
dwellings. The property is not in an Agricultural Forestal District. The most recent deed
for this property is recorded in Deed Book 2696, page 734.
The analysis for this parcel also begins with the deed recorded in Deed Book 175, page
20. This deed contains a plat of a 308 2/5-acre tract. This property was identified in
1980 as Tax Map 102, Parcel 35. The plat established the original Parcel 35,
containing 308.4 acres as a lot of record for purposes of Section 10.3.
The analysis for this parcel continues with a plat prepared by A. R. Sweet and
Associates, dated March 18, 1959 and recorded in Deed Book 349, page 62B. It is
titled, "Plat Showing Ellerslie divided as Parcels A, B, C & E with Parcel D." Parcel A,
containing 156.11 acres and Parcel B containing 16.925 acres together comprised
Parcel 1 B as it is shown on the 1980 tax map. Parcels C, D and E shown on this plat
are not subjects of this determination. It is determined that this plat established the
16.925-acre tract and the 156.111 acre tract as lots of record for purposes of
Section 10.3.
The most recent deed for this parcel recorded prior to the adoption of the ordinance,
December 10, 1980, is recorded in Deed Book 702, page 24 and is dated January 1,
i ADEPTIBCZSIDeterm1n of Parce11102-35 & 35A & 35C Kluge.doc
Tara Rowan Boyd
September 7, 2004
Page 3
1977. This deed conveyed two tracts from Ronald K. Banister and Inez A. Banister to
Short Hills, Inc. Tract #1 is described, in part, as follows:
(1) All those certain tracts or parcels containing in the aggregate 477.857 acres, being
the same land shown as 481.708 acres on a plat recorded in Deed Book 175, page
21 and Deed Book 344, page 63 (This should read Deed Book 349, page 63B) less
a tract of 4.151 acres shown on the plat by William S. Roudabush dated January 9,
1977, attached to this deed.
On the basis of this deed and with reliance on the March 18, 1959 plat by A. R.
Sweet and the plat recorded in Deed Book 175, page 21, the 481.708- acre parcel
is determined to have been comprised of four separate parcels of record on
December 10, 1980 as defined in Section 10.3. The parcels are identified as
follows:
1. Parcel A on the A.R. Sweet plat, containing 156.11 acres is a portion of Tax Map
103, Parcel 1 B as it was shown on the 1980 tax map. This parcel had five (5)
development rights on December 10, 1980;
2. Parcel B on the A. R. Sweet plat, containing 16.925 acres is a portion of Tax Map
103, Parcel 1 B as it was shown on the 1980 tax map. This parcel has five (5)
development rights.
3. The 4.151 acre parcel shown on the January 9, 1977 plat by William Roudabush.
This is shown within the bounds Tax Map 102, Parcel 35 on the 1980 tax map.
This parcel has two development rights.
4. The residue of the property shown on me plat recorded in Deed Book 175, page
21. This is identified as "Egern" on the A. R. Sweet plat. This property is shown to
contain 308 215 acres on the plat recorded in Deed Book 175, page 21. This was
identified as Tax Map 102, Parcel 35 on the 1980 tax map. This parcel, less the
4.151-acre lot, has five development rights.
(156.111 + 16.925 + 308.4 — 4.151 = 477.285)
Deed Book 735, page 161, dated February 12, 1982 conveyed 4.151 acres from Ronald
K. Barrister and Inez A. Barrister to John W. Kluge. The property is described as being
the same that was shown on the plat that is recorded in Deed Book 702, page 27. This
transaction had no effect on the status of the 4.151 acre portion of Parcel 35.
Deed Book 735, page 163, dated March 3, 1982, conveyed several tracts of land from
Short Hills, Inc. to John W. Kluge. Tract (1) is described, in part, as containing 477.577
acres, being the land shown as 481.708 acres on a plat recorded in Deed Book 175,
page 21 less a tract of 4.151 acres shown on a plat recorded in Deed Book 702, page
27. This transaction had no effect on the status of the four parcels described
above.
I:1DEPTOCMDetermin of Parce11102-35 & 35A & 35C Kluge.doc
Tara Rowan Boyd
September 7, 2004
Page 4
Deed Book 824, page 63, dated December 10, 1984, conveyed 16 tracts of land from
John W. Kluge and Patricia M. Kluge to JWK Properties, Inc. Among these tracts were
the following:
Tract #3 was identified as containing 4.151 acres and as being the same
property that was conveyed to John W. Kluge by the deed recorded in Deed
Book 735, page161.
Tract #4 was identified as containing 477.557 acres and as being the same
property shown on a plat recorded in Deed Book 175, page 21 and a plat
recorded in Deed Book 349, page 63 (Actually, DB 344, P 62B is correct) less
the 4.151-acre parcel shown on the plat recorded in Deed Book 702, page 27.
This transaction had no effect on the status of these four parcels.
Deed Book 1957, page 698 contains a plat titled "Division of Mountain Tract Being a
Portion of Tax Map 102, Parcel 35A and Tax Map 103, Parcel 1 E and 1 B." (The plat
references Parcel 1 E in error) This plat reconfigured the boundary between Tax Map,
102, Parcel 35A and Tax Map 103, Parcel 1 B. Parcels M, U and Z, portions of Tax Map
102, Parcel 35A were added to Tax Map 103, Parcel 1 B. Parcels V and W, portions of
Tax Map 103, Parcel 1 B were added to Tax Map 102, Parcel 35A. The plat notes that
(a) the new Tax Map 102, Parcel 35A retains only five development rights, (b) the
residue of Tax Map 103, Parcel 1 B retains five development rights, and (c) no
development rights are transferred with Parcel X.
As a result of this transaction, it is determined that Tax Map 102, Parcel 35A
contains 165.13 acres and ten development rights. In spite of the fact that the plat
states no development rights transferred with Parcel X, five development rights
are located within the 16.925-acre tract identified as Parcel B on the A. R. Sweet
Plat. Based on Note (a) above, an additional five development rights are located
within the 78.82 acre Parcel (Y) and the 4.6-acre Parcel (U) of the original 308.4
acre parcel.
Deed Book 2696, page 334, dated February 26, 2004, contains a certificate stating that
the name of House and Garden Company, L.L.C. was changed to Kluge Estate Winery
and Vineyard, L.L.C. This had no effect on the status of Parcel 35A.
Tax Map 102, Parcel 35C (Golf Course Tract)
Our records indicate Tax Map 102, Parcel 35C contains 216.690 acres and no
dwellings. The property is not in an Agricultural Forestal District. The most recent deed
for this property is recorded in Deed Book 1957, page 704.
The analysis for this parcel begins with the deed recorded in Deed Book 175, page 20.
This deed contains a plat of a 308 2/5-acre tract. This property was identified in 1980 as
1 ADEPTSCMDetermin of ParceAl02-35 & 35A & 35C Kluge.doc
Tara Rowan Boyd
September 7, 2004
Page 5
Tax Map 102, Parcel 35. The plat established the original 308.4-acre parcel as a lot
of record for purposes of Section 10.3.
The most recent deed for this parcel recorded prior to the adoption of the ordinance,
December 10, 1980, is recorded in Deed Book 702, page 24 and is dated January 1,
1977. This deed conveyed two tracts from Ronald K. Banister and Inez A. Banister to
Short Hills, Inc. Again, Tract #1 is described briefly as follows:
(1) All those certain tracts or parcels containing in the aggregate 477.857 acres,
being the same land shown as 481.708 acres on a plat recorded in Deed
Book 175, page 21 and Deed Book 344, page 63 less a tract of 4.151 acres
shown on the plat by William S. Roudabush dated January 9, 1977, attached
to this deed.
On the basis of this deed and with reliance on the March 18, 1959 plat by A. R.
Sweet and the plat recorded in Deed Book 175, page 21, the 481.708- acre parcel
is determined to have been comprised of four separate parcels of record on
December 10, 1980 as defined in Section 10.3. Tax Map 102, Parcel 35C is a
portion of the residue of the property shown on the plat recorded in Deed Book
175, page 21. It is also a portion of the parcel identified as "Egern" on the A. R.
Sweet plat and was identified as Tax Map 102, Parcel 35 on the 1980 tax map.
Deed Book 735, page 163, dated March 3, 1982, conveyed several tracts of land from
Short Hills, Inc. to John W. Kluge. Tract (1) is described, in part, as containing 477.577
acres, being the land shown as 481.708 acres on a plat recorded in Deed Book 175,
page 21 less a tract of 4.151 acres shown on a plat recorded in Deed Book 702, page
27. This transaction had no effect on the status of the four parcels described
above.
Deed Book 824, page 63, dated December 10, 1984, conveyed 16 tracts of land from
John W. Kluge and Patricia M. Kluge to JWK Properties, Inc. Among these tracts were
the following:
Tract #3 was identified as containing 4.151 acres and as being the same
property that was conveyed to John W. Kluge by the deed recorded in Deed
Book 735, page161.
Tract #4 was identified as containing 477.557 acres and as being the same
property shown on a plat recorded in Deed Book 175, page 21 and a plat
recorded in Deed Book 349, page 63 (Actually, DB 344, P 62B is correct) less
the 4.151-acre parcel shown on the plat recorded in Deed Book 702, page 27.
This transaction had no effect on the status of these four parcels.
Deed Book 1957, page 698 contains a plat titled Division of Mountain Tract Being a
Portion of Tax Map 102, Parcel 35A and Tax Map 103, Parcel 1 E and 1 B. (The plat
1ADEMBUSOetermin of Paroe11702-35 & 35A & 35C Wuge.doc
Tara Rowan Boyd
September 7, 2004
Page 6
references Parcel 1 E in error) This plat reconfigured the boundary between Tax Map
102-35A and Tax Map 103, Parcel 1 B. Parcels M, U and Z, portions of Tax Map 102,
Parcel 35A were added to Tax Map 103, Parcel 1 B. Parcels V and W, portions of Tax
Map 103, Parcel 1 B were added to Tax Map 102, Parcel 35A. The plat notes that (a) the
new Tax Map 102, Parcel 35A retains only five development rights, (b) the residue of
Tax Map 103, Parcel 1 B retains five development rights, and (c) no development rights
are transferred with Parcel X.
As a result of this transaction, Tax Map 1102, Parcel 36C contained a total of
216.68 acres. Parcel N, the residue of Parcel 35A, contains 205.09 acres and
Parcel V, a portion of Parcel 1113, contains 11.59 acres. No development rights
were conveyed to Parcel 35C.
Deed Book 1957, page 704, dated August 31, 2000, conveyed 216.69 acres from John
W. Kluge and Maria T. Kluge to Patricia M. Kluge, Trustee of the John W. Kluge, Jr.
Trust. This is the same property shown on the Gloeckner plat described above. This
transaction had no effect on this parcel.
These parcels are entitled to the noted development rights if all other applicable
regulations can be met. These development rights are theoretical in nature but do
represent the maximum number of lots containing less than twenty one acres allowed to
be created by right. In addition to the development right lots, a "parent parcel" may
create as many parcels containing a minimum of twenty-one acres as it has land to
make.
If you are aggrieved by this determination, you have a right to appeal it within thirty days
of the date notice of this determination is given, in accordance with Section 15.2-2311 of
the Code of Virginia. If you do not file a timely appeal, this determination shall be final
and unappealable. An appeal shall be taken only by filing with the Zoning Administrator
and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the
appeal. An appeal application must be completed and filed along with the fee of
$120.00. The date notice of this determination was given is the same as the date of this
letter.
If you have any questions, please contact me.
Sincerely,
John Shepherd
Manager of Zoning Administration
E:IDEPTIBCZSIDefermin of Parce11142-35 & 35A & 35C Kluge.doc
Tara Rowan Boyd
September 7, 2004
Page 7
Copies: Kluge Estate Winery and Vineyard
3414 Ellerslie Drive
Charlottesville, VA 22902
Gay Carver, Real Estate Department
Enclosed: Tax Map 102 showing development rights
1ADEFMCMDetermin of Parcel1102-35 & 35A & 35C Kluge.doc
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126 -
June 15, 2005
K. Catherine Albano
LeClair Ryan
123 East Main Street, 8t'' Floor
Charlottesville, VA 22902
RE: Tax Map 102, Parcel 35A (Property of Kluge Estate Winery & Vineyard)
Section 10.3.1
Dear Ms. Albano:
You have asked for a letter that confirms certain matters regarding the
referenced parcel. This letter is based solely on a review of our zoning records.
We have not preformed an on -site inspection of the property. That said, I confirm
the following:
Our records indicate Tax Map 1 U2, Parcel 3bA contains 165.130 acres, 10
farm buildings and no dwellings. The property is not in an Agricultural Forestal
District. The most recent deed for this property is recorded in Deed Book
2696, page 734.
2. The property is located in the Rural Areas- RA zoning district.
3. Farm Wineries are permitted by right in the RA district. Farm wineries are
subject to the supplemental regulations of section 5.1.25. A special use
permit is required for more than 12 special events per year or for events with
more than 150 participants.
4. The uses that are permitted by right and by special permit in this district are
set forth in Sections 10.2.1 and 10.2.2. A copy of those sections is enclosed.
5. We have no record of zoning complaints or zoning violations regarding uses
or improvements on the referenced parcels in our zoning data base.
I:IDEPTI6CZS1Determin of Compliance12005 ComplianceIM-2005-15 Kluge Winery.doc
K. Catherine Albano
June 15, 2005
Page 2
6. On September 7, 2004 it was determined that this parcel contains 10
development rights. A copy of that letter is enclosed.
7. Please be aware that the Board of Supervisors approved amendments to the
Rural Areas chapter of the Comprehensive Plan. It is anticipated that Section
10 of the Zoning Ordinance will be amended to implement the amended
Comprehensive Plan.
If you have any questions, please contact me.
Sincerely,
John Shepherd
Manager of Zoning Administration
Copies: Kluge Estate Winery and Vineyard
3414 Ellerslie Drive
Charlottesville, VA 22902
Enclosed: Zoning Sections 5.1.25, 10.2.1 and 10.2.2.
Determination of development rights letter
I:IDEPTIBCMDetermin of Compliance12005 Compliance\LZC-2005-15 Kluge Winery.doc
ALBEMARLE COUNTY CODE
10.2 PERMITTED USES
10.2.1 BY RIGHT
The following uses shall be permitted in any RA district subject to the requirements and
limitations of these regulations:
1. Detached single-family dwellings, including guest cottages and rental of the same; provided
that yard, area and other requirements of section 10.4, conventional development by right,
shall be met for each such use whether or not such use is on an individual lot subject to
section 10.3.
2. Side -by -side duplexes subject to the provisions of section 10.4; provided that density is
maintained and provided that buildings are Iocated so that each unit could be provided with a
lot meeting all other requirements for detached single-family dwellings except for side yards
at the common wall. Other two-family dwellings shall be permitted provided density is
maintained.
3. Agriculture, forestry, and fishery uses except as otherwise expressly provided.
4. Game preserves, wildlife sanctuaries and fishery uses.
5. Wayside stands for display and sale of agricultural products produced on the premises
(reference 5.1.19).
6. 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)
7. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage
buildings.
8. Temporary construction uses (reference 5.1.18).
9. 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)
10. Temporary sawmill (reference 5.1.15 and subject to performance standards in 4.14).
11. Veterinary services - off -site treatment only.
12. Agricultural service occupation (subject to performance standards in 4.14).
13. Divisions of land in accordance with section 10.3.
14. Tourist lodging (reference 5.1.17).
15. Mobile homes, individual, qualifying under the following requirements (reference 5.6):
a. A property owner residing on the premises in a permanent home wishes to place a mobile
home on such property in order to maintain a full-time agricultural employee.
b. Due to the destruction of a permanent home an emergency exists. A permit can be issued
in this event not to exceed twelve (12) months. The zoning administrator shall be
authorized to issue permits in accordance with the intent of this ordinance and shall be
authorized to require or seek any information which he may determine necessary in
making a determination of cases "a" and "b" of the aforementioned uses.
16. Temporary mobile home in accordance with section 5.7. (Amended 11-8-89)
17. Farm winery (reference 5.1.25). (Added 12-16-81)
18. Borrow area, borrow pit, not exceeding an aggregate volume of fifty thousand (50,000) cubic
yards including all borrow pits and borrow areas on any one parcel of record on the adoption
date of this provision (reference 5.1.28). (Added 7-6-83)
19. Mobile homes on individual lots (reference 5.6). (Added I I- 11-92)
20. Commercial stable (reference 5.1.03). (Added 11-15-95)
I:IDEPTS USOetermin of Compliance12005 CompliancelLZC-2005-15 Kluge Winery.doc
21. Stormwater management facilities shown on an approved final site plan or subdivision plat.
(Added 10-9-02)
22. Tier I and Tier II personal wireless service facilities (reference 5.1,40). (Added 10-13-04)
(§ 20-10.2.1, 12-10-80; 12-16-81; 7-6-83; 11-1-89; 11-8-89; 11-11-92; 5-12-93; Ord. 95-20(5), 11-15-95;
Ord. 98-A(1), § 18-10.2.1, 8-5-98; Ord. 02-18(6), 10-9-02; Ord 04-18(2), 10-13-04)
10.2.2 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: (Added 10-9-02)
1. Community center (reference 5.1,04).
2. Clubs, lodges, civic, patriotic, fraternal (reference 5.1.02).
3. Fire and rescue squad stations (reference 5.1.09).
4. Swim, golf, tennis or similar athletic facilities (reference 5.1. 16).
5. Private schools.
6. Electrical power substations, transmission lines and related towers; gas or oil transmission
lines, pumping stations and appurtenances, unmanned telephone exchange centers; microwave
and radio -wave transmission and relay towers, substations and appurtenances.
7. Day care, child care or nursery facility (reference 5.1.06).
8. (Repealed 3-5-86)
9. Mobile home subdivisions (reference 5.5).
10. (Repealed 11-11-92)
11. (Repealed 3-15-95)
12. Horse show grounds, permanent.
13. Custom slaughterhouse.
14. Sawmills, planing mills and woodyards (reference 5.1.15 and subject to performance
standards in 4.14).
15. Group homes and homes for developmentally disabled persons as described in section 15.1-
486.2 of the Code (reference 5.1.07).
16. (Repealed 11-15-95)
17. Commercial kennel (reference 5.1.11 and subject to performance standards in 4.14).
18. Veterinary services, animal hospital (reference 5.1.11 and subject to performance standards in
4.14).
19. Private airport, helistop, heliport, flight strip (reference 5.1.01).
20. Day camp, boarding camp (reference 5.1.05).
21. Sanitary landfill (reference 5.1.14).
22. Country store.
23. Commercial fruit or agricultural produce packing plants. (Amended 11-8-89)
24. (Repealed 11-8-89)
25. Flood control dams and impoundments.
26. (Repealed 11-8-89)
27. Restaurants and inns that are:
a. Located within an historic landmark as designated in the comprehensive plan, provided:
(i) the structure has been used as a restaurant, tavern or inn; and (ii) the structure shall be
restored as faithfully as possible to the architectural character of the period and shall be
maintained consistent therewith; or
b. Nonconforming uses, provided the restaurant or inn is served by existing water and
sewerage systems having adequate capacity for both the existing and proposed uses and
facilities without expansion of either system. (Amended 11-8-89; 10-18-00)
28. Divisions of land as provided in section 10.5.2.1. (Amended 5-5-04 effective 7-1-04)
29. Boat landings and canoe livery.
30. Permitted residential uses as provided in section 10.5.2.1. (Amended 5-5-04 effective 7-1-04)
31. Horne occupation, Class B (reference 5.2).
32. Cemetery,
33. Crematorium.
34. (Repealed 3-21-01)
35. Church building and adjunct cemetery.
I:IDEPTOUSOetermin of Complianoe12005 Compliance\LZC-2005-15 Kluge Winery.doc
36. Gift, craft and antique shops.
37. Public garage. (Added 3-18-81)
38. Exploratory drilling. (Added 2-10-82)
39. Hydroelectric power generation (reference 5.1.26). (Added 4- 28-82)
40. Borrow area, borrow pit not permitted under section 10.2.1.18. (Added 7-6-83)
41. Convent, Monastery (reference 5.1.29). (Added 1-1-87)
42. Temporary events sponsored by local nonprofit organizations which are related to, and
supportive of the RA, rural areas, district (reference 5.1.27). (Added 12-2-87)
43. Agricultural Museum (reference 5.1.30). (Added 12-2-87)
44. Theatre, outdoor drama. (Added 6-10-92)
45. Farm sales (reference 5.1.35). (Added 10-11-95)
46.Off-site parking for historic structures or sites (reference 5.1.38) or off -site employee parking
for an industrial use in an industrial zoning district (reference 5.1.39).
47. Animal shelter (reference 5.1.11). (Added 6-16-99).
48. Tier III personal wireless service facilities (reference 5.1.40). (Added 10-13-04)
49. Historical centers, historical center special events, historical center festivals (reference
5.1,42). (Added 6-8-05)
(§ 20-10.2.2, 12-10-80; 3-18-81; 2-10-82; 4-28-82; 7-6-83; 3-5-86; 1-1-87; 12-2-87; 11-8-89; 6-10-92; 11-
11-92; Ord. 95-20(l), 3 -j5-95; Ord. 95-20(3), 10-11-95; Ord. 95-20(5), 11-15-95; Ord. 98-A(1), § 18-
10.2.2, 8-5-98; Ord. 99-18(4), 6-16-99; Ord. 00-18(6), 10-18-00; Ord. 01-18(2), 3-21-01; Ord. 02-18(6),
10-9-02; Ord. 04-18(1), 5-5-04 effective 7-1-04; Ord.04-18(2), 10-13-04; Ord. 05-18(7), 6-8-05)
5.1.25 FARM WINERY
Each farm winery shall be subject to the following:
a. The owner shall obtain a farm winery license from the State Alcoholic Beverage Control
Board. At least fifty-one (51) percent of the fresh fruits or agricultural products used by
the owner to manufacture the wine shall be grown or produced on the farm, unless the
State Alcoholic Beverage Control Board waives such requirement; (Added 4-1-98)
b. Facilities for fermenting and/or bottling wine shall not be established until the vineyard,
orchard or other growing area has been established and is in production; (Added 12-16-
81)
c. The following uses and activities are permitted at a farm winery with the prior approval of
a site plan as provided in subsection (d). Special events and festivals are also subject to
the additional requirements set forth in subsection (e): (Added 4-1-98)
1. On premise sale of wine and wine consumption. One location may be
established on each farm for the on -premise sale of wine and wine consumption.
The aggregate total floor area for such sales and consumption shall not exceed
fifteen hundred (1,500) square feet. A special use permit issued pursuant to
section 31.2.4 of this chapter may authorize the aggregate floor area to exceed
fifteen hundred (1,500) square feet; (Added 12-16-81, Amended 1-1-84,
Amended 4-1-98)
2. Daily tours. Daily tours of a farm winery shall be permitted; (Added 1-1-84,
Amended 4-1-98)
3. Special events. Special events shall be permitted up to twelve (12) times per
year. For purposes of this section, a special event is an event conducted at a
farm winery on a single day for which attendance is allowed only by invitation
or reservation and whose participants do not exceed one hundred fifty (150)
persons; special events include, but are not limited to, meetings, conferences,
banquets, dinners, wedding receptions, private parries and other events
conducted for the purpose of marketing wine. A special use permit issued
pursuant to section 31.2.4 of this chapter may authorize the number of special
events per year to exceed twelve (12), or the number of allowed participants at
any event to exceed one hundred fifty (150), or both; (Added 4-1-98)
4. Festivals. Festivals shall be permitted up to four (4) times per year. For
purposes of this section, a festival is an event conducted at a farm winery for up
to three (3) consecutive days which is open to the general public and conducted
IMEFIR8CMIDetermin of Compliance12005 CompliancelLZC-2005-15 Kluge Winery.doc
for the purpose of marketing wine. (Added 4-1-98)
d. A use or activity identified in subsection (c) is authorized only with the prior approval of
a site plan. Prior to approval of the site plan, the owner shall obtain from the Virginia
Department of Transportation approval of a commercial entrance to the farm winery, and
any required approval from the local office of the Virginia Department of Health. If a
site plan waiver is requested, particular consideration shall be given to provisions for safe
and convenient access, parking, outdoor lighting, signs and potential adverse impacts to
adjoining property, and reasonable standards and conditions maybe imposed as
conditions of such waiver; (Added 4-1-98)
e. Special events and festivals shall be also subject to the following: (Added 4-1-98)
1. The owner shall obtain a zoning clearance prior to conducting a festival at which
more than one hundred fifty (150) persons will be allowed to attend. A single
zoning clearance may be obtained for one (1) or more such festivals as provided
herein: (Added 4-1-98)
a. The owner shall apply for a zoning clearance at least thirty (30) days
prior to the date of the first festival to be authorized by the zoning
clearance. The application shall be submitted to the zoning
administrator, who shall forward copies of the application to the county
police department, the county fire and rescue division, and the local
office of the Virginia Department of Health; (Added 4-1-98)
b. The application shall describe the nature of each festival to be
authorized by the zoning clearance, the date or dates and hours of
operation of each such festival, the facilities, buildings and structures to
be used, and the number of participants allowed to attend each festival;
(Added 4-1-98)
c. Upon a determination that all requirements of the zoning ordinance are
satisfied and upon receiving approval, and any conditions of such
approval, from the other county offices receiving copies of the
application, the zoning administrator shall issue a zoning clearance for
one or more festivals. The zoning clearance shall be conditional upon
the owner's compliance with all requirements of the zoning ordinance
and all conditions imposed by the zoning clearance; (Added 4-1-98)
d. The zoning administrator may issue a single zoning clearance for two
(2) or more festivals if: (i) the application submitted by the owner
includes the required information for each festival to be covered by the
zoning clearance: (ii) the zoning administrator determines that each
such festival is substantially similar in nature and size; and (iii) the
zoning administrator determines that a single set of conditions that
would apply to each such festival may be imposed with the zoning
clearance. (Added 4-1-98)
2. No kitchen facility permitted by the Health Department as a commercial kitchen
shall be allowed on the farm. A kitchen may be used by licensed caterers for the
handling, warming and distribution of food, but not for cooking food, to be
served at such special event or festival; (Added 4-1-98)
3. An outdoor amplified sound system shall be prohibited; (Added 4-1-98)
4. (Added 4-1-98; Repealed 10-3-01)
(§ 5.1.25, 12-15-81, 1-1-84; Ord. 98-20(1), 4-1-98; Ord. 01-18(5), 10-3-01)
IMEPTY3CMDetermin of Compliance12005 Compliance\LZ-2005-15 Kluge Winery.doc