HomeMy WebLinkAboutZTA201700010 Staff Report 2018-09-05COUNTY OF ALBEMARLE
TRANSMITTAL TO THE BOARD OF SUPERVISORS
SUMMARY OF PLANNING COMMISSION ACTION
AGENDA TITLE:
ZTA 2017-10 Farmers' Markets Performance
Standards
SU BJ ECT/PROPOSAL/REQU EST:
The amendment would make farmers' markets
a by -right use in the RA, Rural Areas; MHD,
Monticello Historic District; and VR, Village
Residential zoning districts, provided
performance standards are met. Farmers'
markets that do not meet the performance
standards would continue to be permitted by
special use permit.
AGENDA DATE:
September 5, 2018
STAFF CONTACT(S):
Blair, Fritz
PRESENTER (S):
Bill Fritz
BACKGROUND:
On October 11, 2017, the Board of Supervisors adopted a resolution of intent to amend the ordinance to
allow farmers' markets as a by -right use, subject to performance standards.
DISCUSSION:
On June 26, 2018, the Planning Commission held a public hearing and unanimously recommended
approval of the zoning text amendment with one revision to clarify that by -right farmers' markets are an
auxiliary use of the property and not a separate stand-alone by -right use. Staff has made the appropriate
change to the ordinance.
The Planning Commission discussed potentially limiting the number of vendors, as well as provisions for
verifying only local products are sold at the markets to promote local products, but did not recommend
those changes at this time. Changes to the ordinance addressing products at by -right use and special
use farmers' markets is a broader issue that will require further discussion.
RECOMMENDATIONS:
The Planning Commission and staff recommend approval of ZTA 2017-10 Farmers' Markets
Performance Standards.
ATTACHMENTS:
Attachment A — Staff report for 6/26/2018 Planning Commission Public Hearing
Attachment B — Action letter for 6/26/2018 Planning Commission Public Hearing
Attachment C — Meeting minutes for 6/26/2018 Planning Commission Public Hearing
Attachment D — Proposed ordinance for adoption
Draft: August 20, 2018
ORDINANCE NO. 18-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE 11, 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 11, Basic Regulations, and Article III, District Regulations, are hereby amended and
reordained as follows:
By Amending:
Sec. 5.1.47 Farm stands and farmers' markets.
Sec. 10.2 Permitted uses.
Sec. 11.3 Permitted uses.
Sec. 12.2 Permitted uses.
Chapter 18. Zoning
Article 11. Basic Regulations
Section 5. Supplementary Regulations
5.1.47 FARM STANDS AND FARMERS' MARKETS
Each farm stand and farmers' market shall be subject to the following, as applicable:
a. Zoning clearance. Notwithstanding any other provision of this chapter, each farm stand or farmers'
market shall obtain approval of a zoning clearance issued by the zoning administrator as provided by
section 31.5 before the use is established as provided herein:
Application. Each application for a zoning clearance shall include a letter or other evidence from
the Virginia Department of Transportation establishing that it has approved the entrance from the
public street to the proposed use and a sketch plan, which shall be a schematic drawing of the site
with notes in a form and of a scale approved by the zoning administrator depicting: (i) all
structures that would be used for the use; (ii) how access, on-site parking, outdoor lighting,
signage and minimum yards will be provided in compliance with this section and this chapter;
and (iii) how potential adverse impacts to adjoining property will be mitigated.
2. If the zoning administrator requires information on the sketch plan or mitigation measures that the
applicant objects to the applicant may appeal the requirement to the board of supervisors by
submitting a written request for appeal to the clerk of the board of supervisors within ten (10)
days after the date of the zoning administrator's request. In acting on an appeal, the board shall
consider the recommendation of the zoning administrator and all other relevant evidence. The
board may approve or deny the request. In approving a request on an appeal, the board may
impose reasonable conditions deemed necessary to protect the public health, safety or welfare.
Notice. The zoning administrator shall provide written notice that an application for a zoning
clearance for a farm stand or by right farmers' market has been submitted to the Virginia
Department of Health and to the owner of each abutting lot under different ownership than the lot
on which the proposed use would be located. The notice shall identify the proposed use and its
size and location and invite the recipient to submit any comments before the zoning clearance is
acted upon. The notice shall be mailed at least ten (10) days prior to the action on the zoning
clearance as provided in section 32.4.2.1(g). The review by the Virginia Department of Health
shall be independent of the zoning administrator's review of the application for a zoning
Draft: August 20, 2018
clearance and the approval of the zoning clearance shall not be dependent on any approval by the
Virginia Department of Health. The notice requirements shall not apply to a zoning clearance
required for a farmers' market that has been approved by special use permit.
b. Structure size. Structures used in conjunction with a farm stand or farmers' market shall comply with
the following:
Farm stands. Any permanent structure established on and after May 5, 2010 (hereinafter, "new
permanent structure") used for a farm stand shall not exceed one thousand five hundred (1500)
square feet gross floor area. Any permanent structure, regardless of its size, established prior to
May 5, 2010 (hereinafter, "existing permanent structure") may be used for a farm stand provided
that if the structure does not exceed one thousand five hundred (1500) square feet gross floor
area, its area may be enlarged or expanded so that its total area does not exceed one thousand five
hundred (1500) square feet gross floor area, and further provided that if the existing structure
exceeds one thousand five hundred (1500) square feet gross floor area, it may not be enlarged or
expanded while it is used as a farm stand.
2. Farmers' markets. Any new or existing permanent structure may be used for a farmers' market
without limitation to its size.
Yards. Notwithstanding any other provision of this chapter, the following minimum front, side and
rear yard requirements shall apply to a farm stand or farmers' market:
New permanent structures and temporary structures. The minimum front, side and rear yards
required for any new permanent structure or temporary structure shall be as provided in the bulk
and area regulations established for the applicable zoning district, provided that the minimum
front yard on an existing public road in the rural areas (RA) district shall be thirty-five (35) feet.
The minimum required yard may be reduced by special exception upon consideration of the
following: (i) there is no detriment to the abutting lot; (ii) there is no harm to the public health,
safety or welfare; and (iii) written consent has been provided by the owner of the abutting lot
consenting to the reduction.
2. Existing permanent structures. If an existing permanent structure does not satisfy any minimum
yard requirement under subsection 5.1.47(c)(1), the minimum yard required shall be the distance
between the existing permanent structure and the street, road, access easement or lot line on May
5, 2010 and that distance shall not be thereafter reduced. An enlargement or expansion of the
structure shall be no closer to a street, road, access easement or lot line than the existing structure.
d. Parking. Notwithstanding any provision of section 4.12, the following minimum parking
requirements shall apply to a farm stand or farmers' market:
1. Number of spaces. Each use shall provide one (1) parking space per two hundred (200) square
feet of retail area.
2. Location. No parking space shall be located closer than ten (10) feet to any public street right-of-
way.
Design and improvements. In conjunction with each request for approval of a zoning clearance,
the zoning administrator shall identify the applicable parking design and improvements required
that are at least the minimum necessary to protect the public health, safety and welfare by
providing safe ingress and egress to and from the site, safe vehicular and pedestrian circulation on
the site, and the control of dust as deemed appropriate in the context of the use. The zoning
administrator shall consult with the county engineer, who shall advise the zoning administrator as
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Draft: August 20, 2018
to the minimum design and improvements. Compliance with the identified parking design and
improvements shall be a condition of approval of the zoning clearance.
e. In addition to the foregoing, by right farmers' markets shall also comply with the following:
1. When farmers' markets are not permitted. A property may not host a farmers' market:
a) More than twice in any week.
(b) When the primary use of the property is occurring.
2. Lights. No lighting shall be permitted at farmers' markets.
3. Sound. No amplified sound shall be permitted at farmers' markets.
4. Site Plans. Farmers' markets permitted by sections 10.2.1.33. 11.3.1.31. and 12.2.1.20 shall
only be permitted on properties with site plans approved pursuant to section 32 for another by
right use or an approved special use. Any buildings or structures utilized for the farmers' market
must be shown on the approved site plan. On-site narking at farmers' markets shall only be
permitted in narking areas shown on the approved site plan.
(§ 5.1.19, 12-10-80; Ord. 01-18(6), 10-3-01; §5.1.35, Ord. 95-20(3), 10-11-95; § 5.1.36, Ord. 95-20(4),
10-11-95; § 5.1.47, Ord 10-18(4), 5-5-10; Ord. 14-18(4), 11-12-14; Ord. 17-18(3), 8-9-17)
Article III. District Regulations
Section 10. Rural Areas District, RA
Sec. 10.2 Permitted uses.
Sec. 10.2.1 By right.
The following uses shall be permitted by right in the RA district, subject to the applicable requirements of
this chapter:
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 located 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. (Repealed 5-5-10)
6. Water, sewer, energy, communications distribution facilities (reference 5.1.12).
Draft: August 20, 2018
7. Accessory uses and buildings including major home occupations (reference 5.2A), minor home
occupations (reference 5.2A), and storage buildings.
8. Temporary construction uses (reference 5.1.18).
9. Public uses (reference 5.1.12).
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. Bed and breakfast (reference 5.1.48).
15. Manufactured 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 manufactured
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 manufactured home in accordance with section 5.7.
17. Farm winery uses, events, and activities authorized by section 5.1.25(a),(b), and (c)(2).
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).
19. Manufactured homes on individual lots (reference 5.6).
20. Commercial stable (reference 5.1.03).
21. Stormwater management facilities shown on an approved final site plan or subdivision plat
22. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
23. Farm worker housing, Class A (up to ten occupants and up to two sleeping structures) (reference
5.1.44).
24. County store, Class A (reference 5.1.45).
25. Small wind turbines (reference 5.1.46).
26. (Repealed 11-12-14)
27. Farm stands (reference 5.1.47).
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Draft: August 20, 2018
28. Family day homes (reference 5.1.56).
29. Farm brewery uses, events, and activities authorized by section 5.1.57(a), (b), and (c)(2).
30. Events and activities at agricultural operations authorized by right under section 5.1.58(d).
31. Farm distillery uses, events, and activities authorized by section 5.1.59(a), (b), and (c)(2).
32. Group home (reference 5.1.07).
33. Farmers' markets (reference 5.1.47 a -el.
(§ 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;
§ 18-10.2.1, Ord. 98-A(1), 8-5-98; Ord. 02-18(6), 10-9-02; Ord 04-18(2), 10-13-04; Ord. 06-18(2), 12-13-
06; Ord. 08-18(7), 11-12-08; Ord. 09-18(11), 12-10-09; Ord. 10-18(3), 5-5-10; Ord. 10-18(4), 5-5-10;
Ord. 11-18(1), 1-12-11; Ord. 12-18(3), 6-6-12; Ord. 13-18(5), 9-11-13; Ord. 14-18(4),11-12-14; Ord. 15-
18(10), 12-9-15; Ord. 17-18(1), 1-18-17; Ord. 17-18(4), 8-9-17; Ord. 18-18(1), 1-10-18)
Sec. 10.2.2 By special use permit.
The following uses shall be permitted by special use permit in the RA district, subject to the applicable
requirements of this chapter:
1. Community center (reference 5.1.04).
2. Clubs and lodges (reference 5.1.02).
3. Fire and rescue squad stations (volunteer) (reference 5.1.09).
4. Swim, golf, tennis or similar athletic facilities (reference 5.1.16).
5. Private schools.
6. Energy and communications transmission facilities (reference 5.1.12).
7. Day care centers (reference 5.1.06).
8. (Repealed 3-5-86)
9. Manufactured 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. (Repealed 8-9-17)
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Draft: August 20, 2018
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, Class B (reference 5.1.45).
23. Commercial fruit or agricultural produce packing plants.
24. (Repealed 11-8-89)
25. Flood control dams and impoundments.
26. (Repealed 11-8-89)
27. Restaurants, taverns, and inns that are:
a. Located on a site containing a structure that is a historic structure and/or site as defined in section
3.1 or located on a site containing a structure that is identified as contributing to a historic district
as defined in section 3. 1, provided: (i) the structure was historically used as a restaurant, tavern or
inn or previously approved for such use by special use permit; and (ii) if renovation or restoration
of the historic structure is proposed, such changes shall restore the structure as faithfully as
possible to the architectural character of the period(s) of its significance and shall be maintained
consistent therewith; and (iii) that any additions or new structures shall serve a restaurant, tavern
or inn use existing within the historic structure and lawfully operating on December 14, 2016; 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.
28. Divisions of land as provided in section 10.5.2.1.
29. Boat landings and canoe livery.
30. Permitted residential uses as provided in section 10.5.2. 1.
31. (Repealed 1-12-11)
32. Cemetery.
33. Crematorium.
34. (Repealed 3-21-01)
35. Religious assembly use.
36. Gift, craft and antique shops.
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Draft: August 20, 2018
37. Public garage.
38. Exploratory drilling.
39. Hydroelectric power generation (reference 5.1.26).
40. Borrow area, borrow pit not permitted under section 10.2.1.18.
41. Convent, Monastery (reference 5.1.29).
42. Temporary events sponsored by local nonprofit organizations which are related to, and supportive of
the RA, rural areas, district (reference 5.1.27).
43. Agricultural Museum (reference 5.1.30).
44. Theatre, outdoor drama.
45. (Repealed 11-12-14)
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).
48. Tier III personal wireless service facilities (reference 5.1.40).
49. Historical centers, historical center special events, historical center festivals (reference 5.1.42).
50. Special events (reference 5.1.43).
51. Farm worker housing, Class B (more than ten occupants or more than two sleeping structures)
(reference 5.1.44).
52. Sale of gasoline and other fuels in conjunction with a country store, Class A or Class B (reference
5.1.45).
53. Farm winery uses, events, and activities authorized by section 5.1.25(c)(3).
54. Farmers' markets (reference 5.1.47.
55. Farm brewery uses, events, and activities authorized by section 5.1.57C(3).
56. Events and activities at agricultural operations authorized by special use permit under section
5.1.58(d).
57. Farm distillery uses, events, and activities authorized by section 5.1.59C(3).
58. Solar energy systems.
(§ 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(1), 3-15-95; Ord. 95-20(3), 10-11-95; Ord. 95-20(5), 11-15-95; § 18-10.2.2, Ord.
98-A(1), 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; Ord. 05-
18(8), 7-13-05; Ord. 06-18(2), 12-13-06; Ord. 08-18(7), 11-12-08; Ord. 10-18(3),5-5-10; Ord. 10-18(4),
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Draft: August 20, 2018
5-5-10; Ord. 11-18(1), 1-12-11; Ord. 14-18(4), 11-12-14; Ord. 15-18(10), 12-9-15; Ord. 16-18(7), 12-14-
16; Ord. 17-18(1), 1-18-17; Ord. 17-18(2), 6-14-17; Ord. 17-18(4), 8-9-17; Ord. 18-18(1), 1-10-18)
Section 11. Monticello Historic District, MHD
Sec. 11.3 Permitted uses.
The following uses shall be permitted in the MHD, subject to the regulations in this section and section 8
of this chapter, the approved application plan, and any accepted proffers:
Sec. 11.3.1 By right.
The following uses shall be permitted by right in the MHD:
1. Uses relating to the operation of Monticello as a historic house museum and historic site as follows:
a. Interpretative, educational and research uses such as tours; interpretive signs, walking paths,
displays and exhibits; classes, workshops, lectures, programs and demonstrations; field schools
and history -related day camps; and archaeological laboratories.
b. Administrative and support activities including visitor ticketing and shuttle bus operations,
maintenance operations, equipment storage, vehicle maintenance and refueling, security and
general administration, and related support spaces and offices.
c. Visitor amenities including: parking lots; travelways; public restrooms; food and drink
preparation and vending; picnic areas; walking paths and pedestrian bridges.
d. Display and sale of products related to Thomas Jefferson and the history of Monticello.
e. Fundraising activities and cultivation and stewardship events for the public and/or contributors,
subject to section 11.5.
£ Other uses not expressly delineated in subsection 1(a) through (d) authorized by the zoning
administrator after consultation with the director of planning and other appropriate officials;
provided that the use shall be consistent with the express purpose and intent of the MHD, similar
to the uses delineated in this subsection in character, locational requirements, operational
characteristics, visual impact, and traffic generation.
2. Temporary events related to or supportive of the historic, educational or civic significance of
Monticello, such as, but not limited to the Naturalization Ceremony on the Fourth of July, Thomas
Jefferson's Birthday celebration, summer speakers series, presidential inaugural events, the Heritage
Harvest Festival, wine festivals, community hiking and racing events, musical performances and
concerts, and commemorative events similar to the Lewis and Clark bicentennial, subject to section
11.5.
3. Display and sale of gifts, souvenirs, crafts, food, and horticultural and agricultural products, including
outdoor storage and display of horticultural and agricultural products.
4. Establishment and changes to structures shown on the approved application plan:
Draft: August 20, 2018
a. Modification, improvement, expansion, or demolition of "modern structures" existing on the
effective date of this section 11.
b. Modification, improvement, re-creation, or restoration (including expansion) of "historic or
interpretive structures."
c. Establishment of "new primary structures or features" identified as such on the approved
application plan.
5. Cemeteries.
6. Detached single-family dwellings, including guest cottages and rental of the same.
7. Side-by-side duplexes; provided that density is maintained and provided that buildings are located 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.
8. Agriculture, forestry, and fishery uses except as otherwise expressly provided.
9. Game preserves, wildlife sanctuaries and fishery uses.
10. Water, sewer, energy, communications distribution facilities (reference 5.1.12).
11. Accessory uses and structures including home occupation, Class A (reference 5.2) and storage
buildings.
12. Temporary construction uses (reference 5.1.18).
13. Public uses (reference 5.1.12).
14. Temporary sawmill (reference 5.1.15 and subject to performance standards in 4.14).
15. Agricultural service occupation (subject to performance standards in 4.14).
16. Divisions of land in accordance with section 10.3.
17. (Repealed 4-7-11)
18. Manufactured 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 manufactured
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.
19. Farm winery uses, events, and activities authorized by section 5.1.25(a), (b), and (c)(2).
20. 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).
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Draft: August 20, 2018
21. Commercial stable (reference 5.1.03).
22. Stormwater management facilities shown on an approved final site plan or subdivision plat.
23. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
24. Monticello scholar residences, which shall be private lodging accommodations in dwellings for
educators, academic fellows or scholars working on Jefferson related research and/or
programs, Thomas Jefferson Foundation program and event participants, persons directly engaged in
the programming, research, or operation of Monticello as a historic museum and historic site, and for
a sole caretaker.
25. (Repealed 11-12-14)
26. Farm stands (reference 5.1.47).
27. Events that are typically conducted on a single day, but which may be conducted for up to three (3)
consecutive days, for which attendance is permitted only by invitation or reservation including, but
not limited to, meetings, conferences, banquets, dinners, weddings, wedding receptions, and private
parties, subject to section 11.5.
28. Farm brewery uses, events, and activities authorized by section 5.1.57(a), (b), and (c)(2).
29. Events and activities at agricultural operations authorized by right under section 5.1.58(d).
30. Farm distillery uses, events, and activities authorized by section 5.1.59(a), (b), and (c)(2).
31. Farmers' markets (reference 5.1.47 a -el.
(§ 18-11.3.1, Ord. 05-18(5), 6-8-05; Ord. 08-18(2), 5-7-08; Ord. 10-18(4), 5-5-10; Ord. 11-18(4), 4-6-11;
Ord. 14-18(4), 11-12-14; Ord. 15-18(10), 12-9-15; Ord. 17-18(1), 1-18-17; Ord. 18-18(1), 1-10-18)
Section 12. Village Residential District, VR
Sec. 12.2 Permitted uses.
Sec. 12.2.1 By right.
The following uses shall be permitted by right in the VR district, subject to the applicable requirements of
this chapter:
1. Detached single-family dwellings.
2. Side-by-side duplexes provided that density is maintained and provided further that buildings are
located 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. Cluster development of permitted residential uses.
4. Rental of permitted residential uses and guest cottages, provided that yard, area and other
requirements of this ordinance shall be met for each such use whether or not such use is on an
individual lay -out.
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Draft: August 20, 2018
5. (Repealed 9-2-81)
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. Tourist lodgings (reference 5.1.17).
11. Wayside stands for the display and sale of seasonal agricultural products (reference 5.1.19).
12. Group home (reference 5.1.07).
13. Agriculture.
14. Manufactured homes on individual lots (reference 5.6)
15. Stormwater management facilities shown on an approved final site plan or subdivison plat.
16. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40).
17. Farm sales (reference 5.1.47).
18. Farm stands (reference 5.1.47).
19. Family day homes (reference 5.1.56).
20. Farmers' markets (reference 5.1.41 474
(§ 20-12.2.1, 12-10-80; 9-2-81; 11-1-89; 11-11-92; § 18-12.2.1, Ord. 98-A(1), 8-5-98; Ord. 02-18(6), 10-
9-02; Ord. 04-18(2), 10-13-04; Ord. 10-18(4), 5-5-10; Ord. 13-18(5), 9-11-13; Ord. 17-18(4), 8-9-17;
Ord. 18-18(1), 1-10-18)
Sec. 12.2.2 By special use permit.
The following uses shall be permitted by special use permit in the VR district, subject to the applicable
requirements of this chapter:
1. Community center (reference 5.1.04).
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Draft: August 20, 2018
2. Clubs, lodges, civic, fraternal, patriotic (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; micro -wave and radio -
wave transmission and relay towers, substations and appurtenances (reference 5.1.12).
7. Day care, child care or nursery facility (reference 5.1.06).
8. (Repealed 3-5-86)
9. Manufactured home subdivisions (reference 5.5).
10. (Repealed 11-11-92)
11. Agricultural service occupation.
12. Home occupation, Class B (reference 5.2).
13. Hog farms.
14. Cemeteries.
15. Religious assembly use.
16. Tier III personal wireless service facilities (reference 5.1.40).
17. Historical centers, historical center special events, historical center festivals (reference 5.1.42).
18. Farmers' markets (reference 5.1.47 a -d).
(§ 20-12.2.2, 12-10-80; 9-2-81; 3-5-86; 11-11-92; § 18-12.2.2, Ord. 98-A(1), 8-5-98; Ord. 04-18(2), 10-
13-04; Ord 05-18(7), 6-8-05; Ord. 10-18(4), 5-5-10; Ord. 17-18(4), 8-9-17; Ord. 18-18(1), 1-10-18)
1, Claudette K. Borgersen, 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
Aye Nay
Mr. Dill
Mr. Gallaway
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
12
Clerk, Board of County Supervisors
Draft: April 16
ORDINANCE NO. 18-18(2)
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:
Article 2, Sec. 5.1.47 Farm stands and farmers' markets.
By Amending:
Article 3, Sec. 10.2 Permitted uses.
Article 3, Sec. 11.3 Permitted uses.
Article 3, Sec. 12.2 Permitted uses.
Chapter 18. Zoning
Article II. Basic Regulations
Section 5. Supplementary Regulations
5.1.47 FARM STANDS AND FARMERS' MARKETS
Each farm stand and farmers' market shall be subject to the following, as applicable:
a. Zoning clearance. Notwithstanding any other provision of this chapter, each farm stand or farmers'
market shall obtain approval of a zoning clearance issued by the zoning administrator as provided by
section 31.5 before the use is established as provided herein:
Application. Each application for a zoning clearance shall include a letter or other evidence from
the Virginia Department of Transportation establishing that it has approved the entrance from the
public street to the proposed use and a sketch plan, which shall be a schematic drawing of the site
with notes in a form and of a scale approved by the zoning administrator depicting: (i) all
structures that would be used for the use; (ii) how access, on-site parking, outdoor lighting,
signage and minimum yards will be provided in compliance with this section and this chapter;
and (iii) how potential adverse impacts to adjoining property will be mitigated.
2. If the zoning administrator requires information on the sketch plan or mitigation measures that the
applicant objects to the applicant may appeal the requirement to the board of supervisors by
submitting a written request for appeal to the clerk of the board of supervisors within ten (10)
days after the date of the zoning administrator's request. In acting on an appeal, the board shall
consider the recommendation of the zoning administrator and all other relevant evidence. The
board may approve or deny the request. In approving a request on an appeal, the board may
impose reasonable conditions deemed necessary to protect the public health, safety or welfare.
3. Notice. The zoning administrator shall provide written notice that an application for a zoning
clearance for a farm stand or by right farmers' market has been submitted to the Virginia
Department of Health and to the owner of each abutting lot under different ownership than the lot
Draft: April 16
on which the proposed use would be located. The notice shall identify the proposed use and its
size and location and invite the recipient to submit any comments before the zoning clearance is
acted upon. The notice shall be mailed at least ten (10) days prior to the action on the zoning
clearance as provided in section 32.4.2.1(g). The review by the Virginia Department of Health
shall be independent of the zoning administrator's review of the application for a zoning
clearance and the approval of the zoning clearance shall not be dependent on any approval by the
Virginia Department of Health. The notice requirements shall not apply to a zoning clearance
required for a farmers' market that has been approved by special use permit.
b. Structure size. Structures used in conjunction with a farm stand or farmers' market shall comply with
the following:
Farm stands. Any permanent structure established on and after May 5, 2010 (hereinafter, "new
permanent structure") used for a farm stand shall not exceed one thousand five hundred (1500)
square feet gross floor area. Any permanent structure, regardless of its size, established prior to
May 5, 2010 (hereinafter, "existing permanent structure") may be used for a farm stand provided
that if the structure does not exceed one thousand five hundred (1500) square feet gross floor
area, its area may be enlarged or expanded so that its total area does not exceed one thousand five
hundred (1500) square feet gross floor area, and further provided that if the existing structure
exceeds one thousand five hundred (1500) square feet gross floor area, it may not be enlarged or
expanded while it is used as a farm stand.
2. Farmers' markets. Any new or existing permanent structure may be used for a farmers' market
without limitation to its size.
C. Yards. Notwithstanding any other provision of this chapter, the following minimum front, side and
rear yard requirements shall apply to a farm stand or farmers' market:
1. New permanent structures and temporary structures. The minimum front, side and rear yards
required for any new permanent structure or temporary structure shall be as provided in the bulk
and area regulations established for the applicable zoning district, provided that the minimum
front yard on an existing public road in the rural areas (RA) district shall be thirty-five (35) feet.
The minimum required yard may be reduced by special exception upon consideration of the
following: (i) there is no detriment to the abutting lot; (ii) there is no harm to the public health,
safety or welfare; and (iii) written consent has been provided by the owner of the abutting lot
consenting to the reduction.
2. Existing permanent structures. If an existing permanent structure does not satisfy any minimum
yard requirement under subsection 5.1.47(c)(1), the minimum yard required shall be the distance
between the existing permanent structure and the street, road, access easement or lot line on May
5, 2010 and that distance shall not be thereafter reduced. An enlargement or expansion of the
structure shall be no closer to a street, road, access easement or lot line than the existing structure.
d. Parking. Notwithstanding any provision of section 4.12, the following minimum parking
requirements shall apply to a farm stand or farmers' market:
1. Number of spaces. Each use shall provide one (1) parking space per two hundred (200) square
feet of retail area.
2. Location. No parking space shall be located closer than ten (10) feet to any public street right-of-
way.
2
Draft: April 16
3. Design and improvements. In conjunction with each request for approval of a zoning clearance,
the zoning administrator shall identify the applicable parking design and improvements required
that are at least the minimum necessary to protect the public health, safety and welfare by
providing safe ingress and egress to and from the site, safe vehicular and pedestrian circulation on
the site, and the control of dust as deemed appropriate in the context of the use. The zoning
administrator shall consult with the county engineer, who shall advise the zoning administrator as
to the minimum design and improvements. Compliance with the identified parking design and
improvements shall be a condition of approval of the zoning clearance.
e. In addition to the foregoing, by right farmers' markets shall also comply with the following:
1. Times farmers' markets are not permitted. A property may not host a farmers' market:
a) More than twice in any week.
(b) When the primary use of the property is occurring.
2. Lights. No ling shall be permitted at farmers' markets.
3. Sound. No amplified sound shall be permitted at farmers' markets.
4. Site Plans. By farmers' markets shall onlypermitted on properties with site plans
approved pursuant to section 32 of this chapter. On-site parking at farmers' markets shall only be
permitted in parking shown on the approved site plan.
(§ 5.1.19, 12-10-80; Ord. 01-18(6), 10-3-01; §5.1.35, Ord. 95-20(3), 10-11-95; § 5.1.36, Ord. 95-20(4),
10-11-95; § 5.1.47, Ord 10-18(4), 5-5-10; Ord. 14-18(4), 11-12-14; Ord. 17-18(3), 8-9-17)
Article III. District Regulations
Section 10. Rural Areas District, RA
Sec. 10.2 Permitted uses.
Sec. 10.2.1 By right.
The following uses shall be permitted by right in the RA district, subject to the applicable requirements of
this chapter:
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 located 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.
Draft: April 16
5. (Repealed 5-5-10)
6. Water, sewer, energy, communications distribution facilities (reference 5.1.12).
7. Accessory uses and buildings including major home occupations (reference 5.2A), minor home
occupations (reference 5.2A), and storage buildings.
8. Temporary construction uses (reference 5.1.18).
9. Public uses (reference 5.1.12).
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. Bed and breakfast (reference 5.1.48).
15. Manufactured 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 manufactured
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 manufactured home in accordance with section 5.7.
17. Farm winery uses, events, and activities authorized by section 5.1.25(a),(b), and (c)(2).
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).
19. Manufactured homes on individual lots (reference 5.6).
20. Commercial stable (reference 5.1.03).
21. Stormwater management facilities shown on an approved final site plan or subdivision plat
22. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
23. Farm worker housing, Class A (up to ten occupants and up to two sleeping structures) (reference
5.1.44).
24. County store, Class A (reference 5.1.45).
11
Draft: April 16
25. Small wind turbines (reference 5.1.46).
26. (Repealed 11-12-14)
27. Farm stands (reference 5.1.47).
28. Family day homes (reference 5.1.56).
29. Farm brewery uses, events, and activities authorized by section 5.1.57(a), (b), and (c)(2).
30. Events and activities at agricultural operations authorized by right under section 5.1.58(d).
31. Farm distillery uses, events, and activities authorized by section 5.1.59(a), (b), and (c)(2).
32. Group home (reference 5.1.07).
33. Farmers' markets (reference 5.1.471.
(§ 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;
§ 18-10.2.1, Ord. 98-A(1), 8-5-98; Ord. 02-18(6), 10-9-02; Ord 04-18(2), 10-13-04; Ord. 06-18(2), 12-13-
06; Ord. 08-18(7), 11-12-08; Ord. 09-18(11), 12-10-09; Ord. 10-18(3), 5-5-10; Ord. 10-18(4), 5-5-10;
Ord. 11-18(1), 1-12-11; Ord. 12-18(3), 6-6-12; Ord. 13-18(5), 9-11-13; Ord. 14-18(4),11-12-14; Ord. 15-
18(10), 12-9-15; Ord. 17-18(1), 1-18-17; Ord. 17-18(4), 8-9-17; Ord. 18-18(1), 1-10-18)
Article III. District Regulations
Section 11. Monticello Historic District, MHD
Sec. 11.3 Permitted uses.
The following uses shall be permitted in the MHD, subject to the regulations in this section and section 8
of this chapter, the approved application plan, and any accepted proffers:
Sec. 11.3.1 By right.
The following uses shall be permitted by right in the MHD:
1. Uses relating to the operation of Monticello as a historic house museum and historic site as follows:
a. Interpretative, educational and research uses such as tours; interpretive signs, walking paths,
displays and exhibits; classes, workshops, lectures, programs and demonstrations; field schools
and history -related day camps; and archaeological laboratories.
b. Administrative and support activities including visitor ticketing and shuttle bus operations,
maintenance operations, equipment storage, vehicle maintenance and refueling, security and
general administration, and related support spaces and offices.
c. Visitor amenities including: parking lots; travelways; public restrooms; food and drink
preparation and vending; picnic areas; walking paths and pedestrian bridges.
Draft: April 16
d. Display and sale of products related to Thomas Jefferson and the history of Monticello.
e. Fundraising activities and cultivation and stewardship events for the public and/or contributors,
subject to section 11.5.
f. Other uses not expressly delineated in subsection 1(a) through (d) authorized by the zoning
administrator after consultation with the director of planning and other appropriate officials;
provided that the use shall be consistent with the express purpose and intent of the MHD, similar
to the uses delineated in this subsection in character, locational requirements, operational
characteristics, visual impact, and traffic generation.
2. Temporary events related to or supportive of the historic, educational or civic significance of
Monticello, such as, but not limited to the Naturalization Ceremony on the Fourth of July, Thomas
Jefferson's Birthday celebration, summer speakers series, presidential inaugural events, the Heritage
Harvest Festival, wine festivals, community hiking and racing events, musical performances and
concerts, and commemorative events similar to the Lewis and Clark bicentennial, subject to section
11.5.
3. Display and sale of gifts, souvenirs, crafts, food, and horticultural and agricultural products, including
outdoor storage and display of horticultural and agricultural products.
4. Establishment and changes to structures shown on the approved application plan:
a. Modification, improvement, expansion, or demolition of "modern structures" existing on the
effective date of this section 11.
b. Modification, improvement, re-creation, or restoration (including expansion) of "historic or
interpretive structures."
c. Establishment of "new primary structures or features" identified as such on the approved
application plan.
5. Cemeteries.
6. Detached single-family dwellings, including guest cottages and rental of the same.
7. Side-by-side duplexes; provided that density is maintained and provided that buildings are located 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.
8. Agriculture, forestry, and fishery uses except as otherwise expressly provided.
9. Game preserves, wildlife sanctuaries and fishery uses.
10. Water, sewer, energy, communications distribution facilities (reference 5.1.12).
11. Accessory uses and structures including home occupation, Class A (reference 5.2) and storage
buildings.
12. Temporary construction uses (reference 5.1.18).
13. Public uses (reference 5.1.12).
0
Draft: April 16
14. Temporary sawmill (reference 5.1.15 and subject to performance standards in 4.14).
15. Agricultural service occupation (subject to performance standards in 4.14).
16. Divisions of land in accordance with section 10.3.
17. (Repealed 4-7-11)
18. Manufactured 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 manufactured
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.
19. Farm winery uses, events, and activities authorized by section 5.1.25(a), (b), and (c)(2).
20. 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).
21. Commercial stable (reference 5.1.03).
22. Stormwater management facilities shown on an approved final site plan or subdivision plat.
23. Tier I and Tier 11 personal wireless service facilities (reference 5.1.40).
24. Monticello scholar residences, which shall be private lodging accommodations in dwellings for
educators, academic fellows or scholars working on Jefferson related research and/or
programs, Thomas Jefferson Foundation program and event participants, persons directly engaged in
the programming, research, or operation of Monticello as a historic museum and historic site, and for
a sole caretaker.
25. (Repealed 11-12-14)
26. Farm stands (reference 5.1.47).
27. Events that are typically conducted on a single day, but which may be conducted for up to three (3)
consecutive days, for which attendance is permitted only by invitation or reservation including, but
not limited to, meetings, conferences, banquets, dinners, weddings, wedding receptions, and private
parties, subject to section 11.5.
28. Farm brewery uses, events, and activities authorized by section 5.1.57(a), (b), and (c)(2).
29. Events and activities at agricultural operations authorized by right under section 5.1.58(d).
30. Farm distillery uses, events, and activities authorized by section 5.1.59(a), (b), and (c)(2).
7
Draft: April 16
31. Farmers' markets (reference 5.1.47).
(§ 18-11.3.1, Ord. 05-18(5), 6-8-05; Ord. 08-18(2), 5-7-08; Ord. 10-18(4), 5-5-10; Ord. 11-18(4), 4-6-11;
Ord. 14-18(4), 11-12-14; Ord. 15-18(10), 12-9-15; Ord. 17-18(1), 1-18-17; Ord. 18-18(1), 1-10-18)
Article III. District Regulations
Section 12. Village Residential District, VR
Sec. 12.2 Permitted uses.
Sec. 12.2.1 By right.
The following uses shall be permitted by right in the VR district, subject to the applicable requirements of
this chapter:
1. Detached single-family dwellings.
2. Side-by-side duplexes provided that density is maintained and provided further that buildings are
located 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. Cluster development of permitted residential uses.
4. Rental of permitted residential uses and guest cottages, provided that yard, area and other
requirements of this ordinance shall be met for each such use whether or not such use is on an
individual lay -out.
5. (Repealed 9-2-81)
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. Tourist lodgings (reference 5.1.17).
Draft: April 16
11. Wayside stands for the display and sale of seasonal agricultural products (reference 5.1.19).
12. Group home (reference 5.1.07).
13. Agriculture.
14. Manufactured homes on individual lots (reference 5.6)
15. Stormwater management facilities shown on an approved final site plan or subdivison plat.
16. Tier I and Tier II personal wireless service facilities (reference 5.1.40).
17. Farm sales (reference 5.1.47).
18. Farm stands (reference 5.1.47).
19. Family day homes (reference 5.1.56).
20. Farmers' markets (reference 5.1.471.
(§ 20-12.2.1, 12-10-80; 9-2-81; 11-1-89; 11-11-92; § 18-12.2.1, Ord. 98-A(1), 8-5-98; Ord. 02-18(6), 10
9-02; Ord. 04-18(2), 10-13-04; Ord. 10-18(4), 5-5-10; Ord. 13-18(5), 9-11-13; Ord. 17-18(4), 8-9-17;
Ord. 18-18(1), 1-10-18)
I, Claudette K. Borgersen, 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
Aye Nay
Mr. Dill
Mr. Gallaway
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
0
Clerk, Board of County Supervisors
Attachment A
RESOLUTION OF INTENT
WHEREAS, the Albemarle County Zoning Ordinance requires a special use permit for farmers'
markets in the Rural Areas zoning district pursuant to Albemarle County Code § 18-10.2.2; and
WHEREAS, the Rural Area chapter of the Albemarle County Comprehensive Plan states that
one of the objectives of the County is to "support a strong agricultural and forestal economy," and one of
the strategies to achieve that objective is to "continue to assist Rural Area property owners to diversify
agricultural activities, including helping to connect local farms with local consumers"; and
WHEREAS, the Albemarle County Board of Supervisors considered making farmers' markets a
by -right use at its August 9, 2017 meeting; and
WHEREAS, the Board of Supervisors determined that performance standards are necessary to
make farmers' markets a by -right use in the Rural Areas zoning district.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare, and good zoning and development practices, the Board of Supervisors
hereby adopts a resolution of intent to consider amending Albemarle County Code §§ 18-5.1.47, 18-10,
and any other sections of the Zoning Ordinance deemed to be appropriate to achieve the purposes
described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing
on the zoning text amendment proposed by this resolution of intent, and make its recommendations to the
Board of Supervisors, at the earliest possible date.
I, Claudette K Borgersen, do hereby certify that the foregoing writing is a true and correct copy of a
Resolution duly adopted by the Albemarle County Board of Supervisors by a vote of to as
recorded below, at a regular meeting held on
Aye Nay
Mr. Dill
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Randolph
Mr. Sheffield
Clerk, Board of County Supervisors
STAFF CONTACT: William D. Fritz, AICP
PLANNING COMMISSION: June 26, 2018
BOARD OF SUPERVISORS: TBD
ZTA: ZTA 2017-10 Farmers' Markets Performance Standards
ORIGIN:
On October 11, 2017, the Board of Supervisors adopted a resolution of intent to amend the regulations for Farmers'
Markets
PROPOSAL:
The amendment would make farmers' markets a use by -right in the RA, Rural Areas, MHD, Monticello
Historic District and VR, Village Residential zoning districts provided performance standards are met.
Farmers' markets that do not meet the performance standards would continue to be permitted by special use
permit.
PUBLIC PURPOSE TO BE SERVED: Promotes implementation of the goals of the strategic plan. Specifically,
"Rural Area Character: Preserve the character of rural life with thriving farms and forests, traditional crossroad
communities, and protected scenic areas, historic sites, and biodiversity".
BACKGROUND:
On May 10, 2010 the Board of Supervisors amended the zoning ordinance to include farmers' markets as a use by
special use permit in the RA, Rural Areas and VR, Village Residential zoning districts. At that time, the Board also
amended the ordinance to allow farm stands as a use by right in RA, Rural Areas, VR, Village Residential and
MHD, Monticello Historic zoning districts. The primary difference between the two uses is that farm stands are by -
right and are for a single vendor and farmers' markets require a special use permit, allow for a larger structure, and
are for two or more vendors.
On August 9, 2017, the Board of Supervisors adopted a zoning text amendment, ZTA 2017-04, to eliminate the
requirement of a site plan for farmers' markets. At that meeting, the Board also discussed the possibility of making
some farmers' markets by -right uses. Subsequently, the Board of Supervisors adopted a resolution of intent.
STAFF COMMENT:
Staff prepared an ordinance that would allow farmers' markets to use properties that have already been approved
for activity thru the process of site plan approval. Only sites that have an approved site plan could provide for a
by -right farmers' market. Properties that have approved site plans have been reviewed for parking, access, and
impacts on abutting properties. Primarily, uses in the RA, MHD and VR districts that have approved site plans are
religious institutions and schools. (Wineries, breweries and distilleries would not be eligible for by -right farmers'
markets because those uses do not have approved site plans.)
Staff opinion is that if the farmers' markets are in operation when the primary use of the property is not in operation,
the impacts will be minimal and the site will be able to accommodate the use. Staff also sees farmers' markets at
schools as a form of public/private partnership that could further build agriculture's relationship with the broader
community.
The proposed amendment would allow farmers' markets by -right provided that:
- The market is in operation for only 1 or 2 days a week
- The market is not in operation when the primary use of the property is in operation
- There is no lighting
- There is no amplified sound
- The market occurs only on property with an approved site plan and the market complies with the
requirements of the site plan.
During the August meeting, the Board of Supervisors also discussed amendments that strengthen the requirements
that only agricultural products from Albemarle and surrounding localities be offered at farmers' markets. Staff
investigated this option and is unable at this time to offer language to limit sales beyond the current ordinance
limits. Developing such language may be possible but would delay implementation of this amendment. Staff
recommends that this amendment not be delayed and that the Board consider directing staff to work on limitations
on items available at a farmers' market as a separate item.
Making farmers' markets a use by right may be considered consistent with the Comprehensive Plan, which
states in part:
and
Economic Development 6.1
Objective 3: Provide diversified economic opportunities that benefit County citizens and existing
businesses by basing policy decisions on efforts that support and enhance the strengths of the
County.
Strategy 3h: Establish a proactive rural support program that provides assistance to the
local agricultural community and that includes an ongoing dialogue with farm industry
stakeholders. For over nine years, the Comprehensive Plan has contained a strategy to
create a rural support program to help connect farmers with technical resources, such as
those provided by Piedmont Virginia Community College, the Piedmont Environmental
Council, and the Virginia Department of Agriculture and Consumer Services (VDACS). To
date, such a program has not received funding. Because of the importance of agriculture to
the County's economy, such a program should be established. In addition to existing
farmers, services from a rural support program could be provided to landowners interested
in leasing farm land. Another aspect of this program would be participation in or
commissioning of a study on the impact of agriculture to Albemarle County's economy. It is
important to understand what role agribusiness plays in the County's economy in order to
determine how this economic sector may be best supported, encouraged, and promoted.
The activities of this program will need to be coordinated with the Economic Development
Director and staff involved in Rural Area activities recommended in the Rural Area
Chapter.
Rural Area
Objective 1: Support a strong agricultural and forestal economy.
Strategy 1 c: Establish active support of agricultural land uses through the creation of a
Rural Support Program position that provides agricultural assistance, community
education, marketing strategies, information on agricultural support businesses, and
information about alternative agricultural uses. Since 2008, the County has been actively
working to assist local farmers in marketing their products. Changes to regulations on farm
sales, farm stands, and farmers markets have provided more opportunities for small
farming operations to market their products and to increase product diversity.
While the Comprehensive Plan does not contain any specific recommendation to make farmers' markets a
use by right, such an amendment to the ordinance may be considered as supporting the economic
opportunities for the agricultural community.
This ordinance will be reviewed by the three (3) criteria previously established by the Board for amendments:
Administration/Review Process:
Allowing farmers' markets as a use by right would allow for a much accelerated review process. This can
be important to the establishment of a farmers' market that is trying to respond to seasonal availability of
produce and potentially new locations.
Housing Affordability:
No impact.
Implications to Staffing/Staffing Costs:
Special use permits are time consuming and costly to review. Administrative review of farmers'
markets would significantly reduce the staffing and staff costs associated with each review.
However, the County has received few applications and any reduction in staffing or staff costs
would not have a significant measurable impact.
RECOMMENDED ACTION:
Staff recommends approval of ZTA 2017-10.
ATTACHMENTS
Attachment A — Resolution of Intent
Attachment B — Proposed ordinance language