ORDINANCE NO.  04-18(  )

 

AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, 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 I, General Provisions, Article II, Basic Regulations, and Article III, District Regulations, of the Code of the County of Albemarle are amended and reordained as follows:

 

By Amending:

 

Sec. 3.1           Definitions

Sec. 5.1.40      Personal wireless service facilities

Sec. 10.2.1      By right

Sec. 10.2.2      By special use permit

Sec. 12.2.1      By right

Sec. 12.2.2      By special use permit

Sec. 13.2.1      By right

Sec. 13.2.2      By special use permit

Sec. 14.2.1      By right

Sec. 14.2.2      By special use permit

Sec. 15.2.1      By right

Sec. 15.2.2      By special use permit

Sec. 16.2.1      By right

Sec. 16.2.2      By special use permit

Sec. 17.2.1      By right

Sec. 17.2.2      By special use permit

Sec. 18.2.1      By right

Sec. 18.2.2      By special use permit

Sec. 19.2.1      By right

Sec. 19.2.2      By special use permit

Sec. 20.3.1      By right

Sec. 20.3.2      By special use permit

Sec. 20A.6       Permitted uses

Sec. 22.2.1      By right

Sec. 22.2.2      By special use permit

Sec. 23.2.1      By right

Sec. 23.2.2      By special use permit

Sec. 24.2.1      By right

Sec. 24.2.2      By special use permit

Sec. 25.2.2      By special use permit

Sec. 27.2.1      By right

Sec. 27.2.2      By special use permit

Sec. 28.2.1      By right

Sec. 28.2.2      By special use permit

Sec. 30.3.5.1.1            By right within the floodway

Sec. 30.3.5.2.1            By special use permit within the floodway

 

Chapter 18.  Zoning

 

Article I.  General Provisions

 

Sec. 3.1  Definitions

 

Antenna array: An orderly arrangement of antennas mounted at the same height on a tower or other structure and intended to transmit a signal providing coverage over a specific area for a single provider of personal wireless services.

 

Avoidance area: An area having significant resources where the siting of personal wireless service facilities could result in adverse impacts.  Avoidance areas include any ridge area where a personal wireless service facility would be skylighted; any location that would adversely impact any resource identified in the open space plan or a natural resource or cultural asset identified in chapter two of the comprehensive plan; any location having unlimited visibility; on a parcel within an agricultural and forestal district; on a parcel subject to a conservation or an open space easement; on a parcel within a historic district; any location within two hundred (200) feet of an existing or approved personal wireless service facility; any location within two hundred (200) feet of any state scenic highway or by-way; any location within two hundred (200) feet of any state scenic river; any location within two hundred (200) feet of any national park or national forest.

 

Personal wireless service facility: A facility for the provision of personal wireless services, as defined by 47 U.S.C. § 332 (Section 704 of the Telecommunications Act of 1996), including those Federal Communications Commission licensed commercial wireless telecommunications services such as cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), and unlicensed wireless services and common carrier wireless exchange access services.  The use identified in this chapter as “microwave and radio-wave transmission and relay towers, substations and appurtenances” includes personal wireless service facilities.

 

Reference tree: A tree designated for determining the top height of a treetop facility’s monopole mounting structure.  This may either be the tallest tree within twenty five (25) feet of the proposed monopole or a shorter tree that has been strategically identified for screening and camouflaging purposes.

 

Ridge area: All land within one hundred (100) vertical feet of, and including, the ridgeline and peaks of a mountain or chain of mountains, as identified on a ridge area map approved by the board of supervisors.

 

Ridgeline: The uppermost line created by connecting the peaks of a mountain or chain of mountains, and from which land declines in elevation on at least two (2) sides, as identified on a ridge area map approved by the board of supervisors.

 

Skylight:  Locating a personal wireless service facility in such a way that the sky is the backdrop of any portion of the facility.  Skylight has the same meaning as “skylining,” as that term is used in the wireless policy.

 

Tier I personal wireless service facility or Tier I facility: A personal wireless service facility that: (i) is located entirely within an existing building but which may include a self-contained shelter or cabinet not exceeding one hundred fifty (150) square feet that is not within the building or a whip antenna that satisfy the requirements of section 5.1.40(c); (ii) consists of one or more antennas, other than a microwave dish, attached to an existing conforming structure other than a flag pole, that do not exceed the height of the structure, and are flush mounted to the structure, together with associated personal wireless service equipment; or (iii) is located within or camouflaged by an addition to an existing structure determined by the agent to be in character with the structure and the surrounding district.

 

Tier II personal wireless service facility or Tier II facility:  A personal wireless service facility that is a treetop facility not located within an avoidance area.

 

Tier III personal wireless service facility or Tier III facility: A personal wireless service facility that is neither a Tier I nor a Tier II facility.

 

Treetop facility:  A personal wireless service facility consisting of a self-supporting monopole having a single shaft of wood, metal or concrete no more than ten (10) feet taller than the crown of the tallest tree within twenty-five (25) feet of the monopole, measured above sea level (ASL), and includes associated antennas, mounting structures, an equipment cabinet and other essential personal wireless service equipment.

 

Article II.  Basic Regulations

 

Sec. 5.1.40  Personal wireless service facilities

 

The purpose of this section 5.1.40 is to implement the personal wireless service facilities policy, adopted as part of the comprehensive plan.  Each personal wireless service facility (hereinafter “facility”) shall be subject to following, as applicable:

 

a.         Application for approval: Each request for approval of a personal wireless service facility shall include the following information:

 

1.         A completed application form, signed by the parcel owner, the parcel owner’s agent or the contract purchaser, and the proposed facility’s owner.  If the owner’s agent signs the application, he shall also submit written evidence of the existence and scope of the agency.  If the contract purchaser signs the application, he shall also submit the owner’s written consent to the application.

2.         A recorded plat or recorded boundary survey of the parcel on which the facility will be located; provided, if neither a recorded plat nor boundary survey exists, a copy of the legal description of the parcel and the Albemarle County Circuit Court deed book and page number.

 

3.         The identity of the owner of the parcel and, if the owner is other than a real person, the complete legal name of the entity, a description of the type of entity, and written documentation that the person signing on behalf of the entity is authorized to do so.

 

4.         Except where the facility will be located entirely within an existing structure, a scaled plan and a scaled elevation view and other supporting drawings, calculations, and other documentation required by the director of planning and community development agent, signed and sealed by an appropriate licensed professional.  The plans and supporting drawings, calculations and documentation shall show:

 

(a)        The location and dimensions of all existing and proposed improvements on the parcel including access roads and structures, the location and dimensions of significant natural features, and including the maximum height above ground of the facility (also identified in height above sea level).

 

                        (b)        The benchmarks and datum used for elevations. The datum shall coincide with the Virginia State Plane Coordinate System, South Zone, North American Datum of 1983 (NAD83), United States Survey Feet North American Vertical Datum of 1988 (NAVD88), and the benchmarks shall be acceptable to the county engineer.

 

(bc)      The design of the facility, including the specific type of support structure and the design, type, location, size, height and configuration of all existing and proposed antennas and other equipment.

 

(d)        Identification of each paint color on the facility, by manufacturer color name and color number.  A paint chip or sample shall be provided for each color.

 

                        (ce)      Except where the facility would be attached to an existing structure, the topography within two thousand (2,000) feet of the proposed facility, in contour intervals not to exceed ten (10) feet for all lands within Albemarle County and, in contour intervals shown on United States Geological Survey topographic survey maps or the best topographic data available, for lands not within Albemarle County.

 

(df)       The height, caliper and species of all trees where the dripline is located within fifty (50) feet of any proposed monopole or tower relied upon to establish the proposed height and/or screening of the monopole or tower of the facility that are relied upon to establish the proposed height and/or screening of the monopole.  All trees that will be adversely impacted or removed during installation or maintenance of the facility shall be noted.

 

(eg)      All existing and proposed setbacks, parking, fencing and landscaping.

 

(fh)       The location of all existing accessways and the location and design of all proposed accessways. 

 

(gi)       Except where the facility would be attached to an existing structure, residential and commercial structures, and residential and rural areas zoning district boundaries, agricultural and forestal district boundaries and parcels subject to conservation easements within two thousand (2,000) feet of the facility.

 

(hj)       If the proposed tower will be taller than one hundred fifty (150) feet, Tthe proximity of the facility to commercial and private airports.

 

5.         Photographs, where possible, or perspective drawings of the facility site and all existing facilities within two hundred (200) feet of the site, if any, and the area surrounding the site.

 

6.         For any proposed monopole or tower, photographs taken of a balloon test, which shall be conducted as follows: 

 

(a)        The applicant shall contact the department of planning and community development agent within thirty (30) days after the date the application was submitted to schedule a date and time when the balloon test will be conducted.  The test shall be conducted within sixty (60) days after the date the application was submitted, and the applicant shall provide the department agent with at least seven (7) days prior notice; provided that this deadline may be extended due to inclement weather or by the agreement of the applicant and the department.

 

(b)        Prior to the balloon test, the locations of the access road, the lease area, the tower site, the reference tree and the tallest tree within twenty five (25) feet of the proposed monopole shall be surveyed and staked or flagged in the field.

 

(bc)      The test shall consist of raising one or more balloons from the site to a height equal to the proposed facility. 

 

(cd)      The balloons shall be of a color or material that provides maximum visibility.

 

(de)      The photographs of the balloon test shall be taken from the nearest residence and from appropriate locations on abutting properties, along each publicly used road from which the balloon is visible, and other properties and locations as deemed appropriate by the director of planning and community development agent.  The applicant shall identify the camera type, film size, and focal length of the lens for each photograph.

           

7.         If antennas are proposed to be added to an existing structure, all existing antennas and other equipment on the structure, as well as all ground equipment, shall be identified by owner, type and size.  The method(s) by which the antennas will be attached to the mounting structure shall be depicted.

 

b.         General regulations Exemption from regulations otherwise applicable: Except as otherwise provided exempted in this paragraph, each facility shall be subject to all applicable regulations in this chapter.

 

1.         Notwithstanding section 4.2.3.1 of this chapter, a facility may be located in an area on a lot or parcel other than a building site.

 

2.         Notwithstanding section 4.10.3.1(b) of this chapter, the director of planning and community development agent may authorize a facility to be located closer in distance than the height of the tower or other mounting structure to any lot line if the applicant obtains an easement or other recordable document showing agreement between the lot owners, acceptable to the county attorney prohibiting, addressing development on the part of the abutting lot parcel sharing the common lot line that is within the facility’s fall zone (e.g., the setback of an eighty (80) foot-tall facility could be reduced to thirty (30) feet if an easement is established prohibiting development on the abutting lot within a fifty (50) foot fall zone).  If the right-of-way for a public street is within the fall zone, the Virginia Department of Transportation shall be included in the staff review, in lieu of recording an easement or other document.

 

3.         The area and bulk regulations or minimum yard requirements of the zoning district in which the facility will be located shall not apply.

 

4.         Notwithstanding section 4.11 of this chapter, a facility may be located in a required yard.

 

5.         Notwithstanding section 32.2 of this chapter, a site plan shall not be required for a facility, but the facility shall be subject to the requirements of section 32 and the applicant shall submit all schematics, plans, calculations, drawings and other information required by the director of planning and community development agent to determine whether the facility complies with section 32.  In making this determination, the director agent may impose reasonable conditions authorized by section 32 in order to assure compliance. 

 

6.         A facility, other than a microwave dish, attached to an existing structure other than a tower or pole and which does not exceed the height of the existing structure and is flush mounted to the structure, shall be permitted as a by right use; provided, however, it shall be subject to all applicable regulations applying to the existing structure and to the regulations set forth in subsection 5.1.40(c).

 

7.         A facility located entirely within an existing building shall be permitted as a by right use; provided, however, it shall be subject to all applicable regulations applying to the building.  Such a by right use facility may include a self-contained shelter or cabinet not located within a building if it is screened from public view or a whip antennae less than six (6) inches in diameter which exceeds the height of the existing building.

 

c.         Regulations applicable to a facility attached to an existing structure Tier I facilitiesA by right use facility described in subsection 5.1.40(b)(6) shall be installed and operated subject to the following regulations Each Tier I facility may be established upon approval of an application satisfying the requirements of subsection 5.1.40(a) by the agent, demonstrating that the facility will be installed and operated in compliance with all applicable provisions of this chapter, satisfying any conditions of the architectural review board, and meeting the following conditions:

           

1.         The facility shall comply with subsection 5.1.40(b).

 

12.       The facility shall be designed, constructed and maintained as follows: (i) guy wires shall not be permitted; (ii) outdoor lighting for the facility shall be permitted only during maintenance periods; regardless of the lumens emitted, each outdoor luminaire shall be fully shielded as required by section 4.17 of this chapter; (iii) any equipment cabinet not located within the existing structure shall be screened from public view from all lot lines either by terrain, existing structures, existing vegetation, or by added vegetation approved by the county’s landscape planner; (iv) a whip antenna less than six (6) inches in diameter may exceed the height of the existing structure; (v) a grounding rod, whose height shall not exceed two feet and whose width shall not exceed one (1)-inch in diameter at the base and tapering to a point, may be installed at the top of facility or the structure; and (vi) within one month after the completion of the installation of the facility, the applicant shall provide a statement to the department of planning and community development agent certifying that the height of all components of the facility complies with this regulation.

 

23.       Equipment shall be attached to the exterior of a structure only as follows: (i) the total number of arrays of antennas attached to the existing structure shall not exceed three (3), and each antenna proposed to be attached under the pending application shall not exceed the size shown on the application, which size shall not exceed one thousand one hundred fifty two (1152) square inches; (ii) only flush mounted antennas shall be permitted; no antenna shall project from the structure beyond the minimum required by the mounting equipment, and in no case shall any point on the face of an antenna project more than twelve (12) inches from the existing structure; and (iii) each antenna and associated equipment shall be a color that matches the existing structure.  For purposes of this section, all types of antennas and dishes regardless of their use shall be counted toward the limit of three arrays.

 

34.       Prior to beginning construction or installation of any equipment cabinet not located within the existing structure, or installation of access for vehicles or utilities, a tree conservation plan, developed by a certified arborist, specifying tree protection methods and procedures, and identifying any existing trees to be removed on the site both inside and outside the access easement and lease area shall be submitted to the director of planning and community development for approval.  All construction or installations associated with the equipment cabinet, including necessary access for construction or installation, shall be in accordance with this tree conservation plan.  Except for the tree removal expressly authorized by the director, the applicant shall not remove existing trees within two hundred (200) feet of the lease area, or the vehicular or utility access.  Prior to issuance of a building permit, the applicant shall either submit a statement that no tree will be removed, or submit a tree conservation plan prepared by a certified arborist.  The statement or the tree conservation plan shall be submitted to the agent for review and approval.  The tree conservation plan shall specify tree protection methods and procedures, and identify all existing trees to be removed on the parcel for the installation, operation and maintenance of the facility.  Except for the tree removal expressly authorized by the agent, the applicant shall not remove existing trees within the lease area or within one hundred (100) feet in all directions surrounding the lease area of any part of the facility.  In addition, the agent may identify additional trees or lands up to two hundred (200) feet from the lease area to be included in the conservation plan. 

 

5.         The installation, operation and maintenance of the facility shall be conducted in accordance with the tree conservation plan.  Dead and dying trees identified by the arborist’s report may be removed if so noted on the tree conservation plan.  If tree removal is later requested that was not approved by the agent when the tree conservation plan was approved, the applicant shall submit an amended plan.  The agent may approve the amended plan if the proposed tree removal will not adversely affect the visibility of the facility from any location off of the parcel.  The agent may impose reasonable conditions to assure that the purposes of this paragraph are achieved.   

 

46.       The facility shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications personal wireless service purposes is discontinued.  If the agent determines at any time that surety is required to guarantee that the facility will be removed as required, the agent may require that the parcel owner or the owner of the facility submit a certified check, a bond with surety, or a letter of credit, in an amount sufficient for, and conditioned upon, the removal of the facility.  The type and form of the surety guarantee shall be to the satisfaction of the agent and the county attorney.   

 

57.       The applicant owner of the facility shall submit a report to the zoning administrator agent by no earlier than May or and no later than July 1 of each year.  The report shall identify each user of the existing structure that is a wireless telecommunications service provider, and include a drawing, photograph or other illustration identifying which equipment is owned and/or operated by each personal wireless service provider.  Multiple users on a single tower or other mounting structure may submit a single report, provided that the report includes a statement signed by a representative from each user acquiescing in the report.

 

68.       No slopes associated with construction the installation of the facility and accessory uses shall be created that are steeper than 2:1 unless retaining walls, revetments, or other stabilization measures acceptable to the county engineer are employed.

 

            7.         The regulations in section 5.1.12(a), (b) and (c) of this chapter shall apply.

 

89.       Any equipment cabinet not located within the existing structure an existing building shall be: (i) fenced only with the approval of the director of planning and community development agent upon finding that the fence: (i) would protect the facility from trespass in areas of high volumes of vehicular or pedestrian traffic or, in the rural areas, to protect the facility from livestock or wildlife; (ii) would not be detrimental to the character of the area; and (iii) would not be detrimental to the public health, safety or general welfare; (ii) screened from all lot lines either by the terrain, existing structures, existing vegetation, or by added vegetation approved by the county’s landscape planner.

 

d.         Tier II facilities. Each Tier II facility may be established upon commission approval of an application satisfying the requirements of subsection 5.1.40(a) and demonstrating that the facility will be installed and operated in compliance with all applicable provisions of this chapter, and criteria (1) through (7) below.  The commission shall act on each application within the time periods established in section 32.4.2.6.  The commission shall approve each application, without conditions, once it determines that all of these requirements have been satisfied.  If the commission denies an application, it shall identify which requirements were not satisfied and inform the applicant what needs to be done to satisfy each requirement.

 

1.         The facility shall comply with subsection 5.1.40(b) and subsection 5.1.40(c)(2)(i) through (v), (3), (4), (5), (6), (7) and (8).

 

2.         The facility shall be sited to minimize its visibility from adjacent parcels and streets, regardless of their distance from the facility.

 

3.         The facility shall not adversely impact resources identified in the county’s open space plan.

4.         The maximum base diameter of the monopole shall be thirty (30) inches and the maximum diameter at the top of the monopole shall be eighteen (18) inches.

 

5.         The top of the monopole, measured in elevation above mean sea level, shall never exceed the height approved by the commission.  The approved height shall not be more than seven (7) feet taller than the tallest tree within twenty-five (25) feet of the monopole, and shall include any base, foundation or grading that raises the pole above the pre-existing natural ground elevation; provided that the height approved by the commission may be up to ten (10) feet taller than the tallest tree if the owner of the facility demonstrates to the satisfaction of the commission that: (i) physical constraints require that the monopole be more than seven (7) feet taller than the tallest tree; (ii) there is not a material difference in the visibility of the monopole at the proposed height, rather than at a height seven (7) feet taller than the tallest tree; and (iii) ) there is not a material difference in adverse impacts to resources identified in the county’s open space plan caused by the monopole at the proposed height, rather than at a height seven (7) feet taller than the tallest tree.

 

6.         Each wood monopole shall be a dark brown natural wood color; each metal or concrete monopole shall be painted a brown wood color to blend into the surrounding trees.  The ground equipment cabinet, antennas and supporting brackets, concrete pad and all other equipment attached to the monopole shall be a color that closely matches that of the monopole.

 

7.         Each wood monopole shall be constructed so that all cables, wiring and similar attachments that run vertically from the ground equipment to the antennas are placed on the pole to face the interior of the property and away from public view, as determined by the agent.  Metal monopoles shall be constructed so that   vertical cables, wiring and similar attachments are contained within the monopoles structure.

 

8.         The following shall be submitted with the building permit application: (i) certification by a registered surveyor stating the height of the reference tree that is used to determine the permissible height of the monopole; and (ii) a final revised set of plans for the construction of the facility.  The agent shall review the surveyor’s certificate and the plans to assure that all applicable requirements have been satisfied.

 

9.         The following shall be submitted to the agent after installation of the monopole is completed and prior to issuance of a certificate of occupancy: (i) certification by a registered surveyor stating the height of the monopole, measured both in feet above ground level and in elevation above mean sea level, using the benchmarks or reference datum identified in the application; and (ii) certification stating that the lightning rod’s height does not exceed two (2) feet above the top of the monopole and width does not exceed a diameter of one (1) inch.

 

10.       Notice of the commission’s consideration of an application for a Tier II facility shall be sent by the agent to the owner of each lot abutting the lot on which the proposed facility will be located.  The notice shall describe the nature of the facility, its proposed location on the lot, its proposed height, the appropriate county office where the complete Tier II facility application may be viewed, and the date, time and location where the commission will consider the application.  The notice shall be mailed by first class mail or hand delivered at least ten (10) days prior to the commission meeting.  Mailed notice shall be mailed to the last known address of the owner, and mailing the notice to the address shown on the current real estate tax assessment records of the county shall be deemed compliance with this requirement.  The failure of an owner to receive the notice as provided herein shall not affect the validity of an approved Tier II facility and shall not be the basis for an appeal.

 

11.       The board of supervisors may consider an application for a Tier II facility only upon an appeal of the denial of the application by the commission.  An appeal shall be submitted in writing in the office of the agent within ten (10) calendar days after the date of the denial by the commission.  In considering an appeal, the board may affirm, reverse, or modify in whole or in part, the decision of the commission, and its decision shall be based upon the requirements delineated in this subsection (d).  

 

12.       Upon the written request of the applicant, the agent may authorize the height of an existing Tier II facility’s monopole to be increased above its originally approved height upon finding that the proposed height increase will not cause additional adverse visual impacts.  The application shall include information confirming that the reference tree has grown to a height that is relative to the requested increase in height of the monopole, and a certified survey of the reference tree’s new height, as well as the heights of other trees to be considered by the agent.  

 

e.         Tier III facilities. Each Tier III facility may be established upon approval of a special use permit issued pursuant to section 31.2.4 of this chapter, initiated upon an application satisfying the requirements of subsection 5.1.40(a) and section 31.2.4, and it shall be installed and operated in compliance with all applicable provisions of this chapter and the following:

 

1.         The facility shall comply with subsection 5.1.40(b), subsection 5.1.40(c)(2)(i) through (v), (3), (4), (5), (6) and (7) (8), and subsection 5.1.40(d)(2), (3), (6) and (7), unless modified by the board of supervisors during special use permit review.

 

            2.         The facility shall comply with all conditions of approval of the special use permit.

 

Article III.  District Regulations

 

 

 

Sec. 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 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.   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 11- 11-92)

 

20. Commercial stable (reference 5.1.03).  (Added 11-15-95)

 

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).

 

Sec. 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; micro-wave 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.

 

29. Boat landings and canoe livery.

 

30. Permitted residential uses as provided in section 10.5.

 

31. Home occupation, Class B (reference 5.2).

 

32. Cemetery.

 

33. Crematorium.

 

34. (Repealed 3-21-01)


 

 

      35. Church building and adjunct cemetery.

 

            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)

 

Sec. 12.2.1 By right

 

The following uses shall be permitted subject to requirements and limitations of this ordinance:

 

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).

 

11. Wayside stands for the display and sale of seasonal agricultural products (reference 5.1.19).

 

12. Homes for developmentally disabled persons (reference 5.1.7).

 

13. Agriculture.

 

14. Mobile homes on individual lots (reference 5.6)  (Added 11-11- 92)

 

15. Stormwater management facilities shown on an approved final site plan or subdivison plat.  (Added 10-9-02)

 

16.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 12.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

1.   Community center (reference 5.1.04).

 

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.   Mobile 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. Churches.  (Added 9-2-81)

 

      16.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 13.2.1 By right

 

The following uses shall be permitted subject to requirements and limitations of this ordinance:

 

1.   Detached single-family dwellings.

 

2.   Cluster development of permitted residential uses.

 

3.   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.

 

4.   (Repealed 9-2-81)

 

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. Homes for developmentally disabled persons (reference 5.1.07).

 

12. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02)

 

13.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 13.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

1.   Community center (reference 5.1.04).

 

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.   Mobile home subdivisions (reference 5.5).

 

9.   Home occupation, Class B (reference 5.2).

 

10. Churches.  (Added 9-2-81)

 

11. Cemeteries.  (Added 9-2-81)

 

      12.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 14.2.1 By right

 

The following uses shall be permitted subject to requirements and limitations of this ordinance:

 

1.   Detached single-family dwellings.

 

2.   Cluster development of permitted residential uses.

 

3.   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.

 

4.   (Repealed 9-2-81)

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 occupations (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. Homes for developmentally disabled persons (reference 5.1.7).

 

12. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02)

 

13.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 14.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

1.   Community center (reference 5.1.4).

 

2.   Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).

 

3.   Fire and rescue squad stations (reference 5.1.9).

 

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 5.1.6).

 

8.   Mobile home subdivisions (reference 5.5).

 

9.   Rest home, nursing home, convalescent home, orphanage or similar institution (reference 5.1.13).

 

10. Hospitals.

 

11. Home occupation, Class B (reference 5.2).

 

12. Churches.  (Added 9-2-81)

 

13. Cemeteries.  (Added 9-2-81)

 

            14.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 15.2.1 By right

 

The following uses shall be permitted subject to requirements and limitations of this ordinance:

 

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.   Semi-detached and attached single-family dwellings such as triplexes, quadruplexes, townhouses, atrium houses and patio houses 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.

 

4.   Cluster development of permitted residential uses.

 

5.   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.

 

6.   (Repealed 9-2-81)

 

7.   (Repealed 9-2-81)

 

8.   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)

 

9.   Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings.

 

10. Temporary construction uses (reference 5.1.18).

 

11. 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)

 

12. Tourist lodgings (reference 5.1.17).

 

13. Homes for developmentally disabled persons (reference 5.1.07).

 

14. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02)

 

15.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 15.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

1.   Community center (reference 5.1.4).

 

2.   Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).

 

3.   Fire and rescue squad stations (reference 5.1.9).

 

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 5.1.6).

 

8.   Mobile home subdivisions (reference 5.5).

 

9.   Rest home, nursing home, convalescent home, orphanage or similar institution (reference 5.1.13).

 

10. Hospitals.

 

11. Home occupation, Class B (reference 5.2).

 

12. Churches.  (Added 9-2-81)

 

13. Cemeteries.  (Added 9-2-81)

14. Mobile home parks (reference 5.3).  (Added 3-5-86)

 

15. Stand alone parking and parking structures (reference 4.12, 5.1.41) (Added 2-5-03)

 

16.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 16.2.1 By right

 

The following uses shall be permitted subject to the requirements and limitations of this ordinance:

 

1.   Detached single-family dwellings.

 

2.   Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses 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.

 

3.   Multiple-family dwellings such as garden apartments.

 

4.   Cluster development of permitted residential uses.

 

5.   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 lot.

 

6.   Homes for developmentally disabled persons (reference 5.1.7).

 

7.   Boarding houses.

 

8.   Tourist lodgings (reference 5.1.17).

 

9.   (Repealed 9-2-81)

 

10. (Repealed 9-2-81)

 

11. 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)

 

12. 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)

 

13. Temporary construction uses (reference 5.1.18).

 

14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings.

 

15. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02)

 

16. Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 16.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

1.   Community center (reference 5.1.04).

 

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.   Mobile home subdivisions (reference 5.5).

 

9.   Rest home, nursing home, convalescent home, orphanage or similar institution (reference 5.1.13).

 

10. Hospitals.

 

11. Home occupation, Class B (reference 5.2).

 

12. Churches.  (Added 9-2-81)

 

13. Cemeteries.  (Added 9-2-81)

 

14. Mobile Home Parks (reference 5.3).  (Added 3-5-86)

 

15. Stand alone parking and parking structures (reference 4.12, 5.1.41).  (Added 2-5-03)

 

16.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 17.2.1 By right

 

The following uses shall be permitted subject to the requirements and limitations of this ordinance:

 

1.   Detached single-family dwellings.

 

2.   Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses 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.

3.   Multiple-family dwellings such as garden apartments.

 

4.   Cluster development of permitted residential uses.

 

5.   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 lot.

 

6.   Homes for developmentally disabled persons (reference 5.1.7).

 

7.   Boarding houses.

 

8.   Tourist lodgings (reference 5.1.17).

 

9.   (Repealed 9-2-81)

 

10. (Repealed 9-2-81)

 

11. 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)

 

12. 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)

 

13. Temporary construction uses (reference 5.1.18).

 

14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings.

 

15. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02)

 

16.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 17.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

1.   Community center (reference 5.1.04).

 

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.   Mobile home subdivisions (reference 5.5).

 

9.   Rest home, nursing home, convalescent home, orphanage or similar institution (reference 5.1.13).

 

10. Hospitals.

 

11. Professional offices.

 

12. Retail stores and shops on a single floor, compatible with the residential characteristics of the district, with a gross floor area not exceeding four thousand (4,000) square feet.

 

13. Home occupation, Class B (reference 5.2).

 

14. Churches.  (Added 9-2-81)

 

15. Cemeteries.  (Added 9-2-81)

 

16. Stand alone parking and parking structures (reference 4.12, 5.1.41).  (Added 11-7-84; Amended 2-5-03)

 

17. Mobile home parks (reference 5.3).  (Added 3-5-86)

 

18.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 18.2.1 By right

 

The following uses shall be permitted subject to the requirements and limitations of this ordinance:

 

1.   Detached single-family dwellings.

 

2.   Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses 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.

 

3.   Multiple-family dwellings such as garden apartments.

 

4.   Cluster development of permitted residential uses.

 

5.   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 lot.

 

6.   Homes for developmentally disabled persons (reference 5.1.07).

7.   Boarding houses.

 

8.   Tourist lodgings (reference 5.1.17).

 

9.   (Repealed 9-2-81)

 

10. (Repealed 9-2-81)

 

11. 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.

 

12. 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)

 

13. Temporary construction uses (reference 5.1.18).

 

14. Accessory uses and buildings including home occupation, Class A (reference 5.2) and storage buildings.

 

15. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02)

 

16.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 18.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

1.   Community center (reference 5.1.4).

 

2.   Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).

 

3.   Fire and rescue squad stations (reference 5.1.9).

 

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 5.1.6).

 

8.   Mobile home subdivisions (reference 5.5).

 

9.   Rest home, nursing home, convalescent home, orphanage or similar institution (reference 5.1.13).

 

10. Hospitals.

 

11. Professional offices.

 

12. Retail stores and shops on a single floor, compatible with the residential characteristics of the district, with a gross floor area not exceeding four thousand (4,000) square feet.

 

13. Home occupation, Class B (reference 5.2).

 

14. Churches.  (Added 9-2-81)

 

15. Cemeteries.  (Added 9-2-81)

 

16. Stand alone parking and parking structures (reference 4.12, 5.1.41). (Added 11-7-84; Amended 2-5-03)

 

17. Mobile home parks (reference 5.3).  (Added 3-5-86)

 

18. Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 19.3.1 By right

 

The following uses shall be permitted subject to the requirements and limitations of this ordinance:

 

1.   Detached single-family dwellings.

 

2.   Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses 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.

 

3.   Multiple-family dwellings.

 

4.   (Repealed 9-2-81)

 

5.   Parks, playgrounds, community centers and noncommercial recreational and cultural facilities such as tennis courts, swimming pools, game rooms, libraries and the like.

 

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.   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)

 

8.   Temporary construction uses (reference 5.1.18).

 

9.   Accessory uses and structures including home occupation, Class A (reference 5.2) and storage buildings.

 

10. Homes for developmentally disabled persons (reference 5.1.7).

 

11. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02)

 

12.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 19.3.2 By special use permit

 

The following uses shall be permitted only by special use permit, provided that no separate application shall be required for any such use as shall be included in the original PRD rezoning petition:

 

1.   Day care, child care or nursery facility (reference 5.1.06).


 

 

2.   Fire and rescue squad stations (reference 5.9).

 

3.   Rest home, nursing home, convalescent home, orphanage or similar institution (reference 5.1.13).

 

4.   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 (reference 5.1.12).

 

5.   Home occupation, Class B (reference 5.2).

 

6.   Churches.  (Added 9-2-81)

 

7.   Stand alone parking and parking structures (reference 4.12, 5.1.41).  (Added 11-7-84; Amended 2-5-03)

 

8.   Swim, golf, tennis or similar athletic facilities (reference 5.1.16).  (Added 9-13-89)

 

9.   Professional offices.   (Added 6-8-94)

 

10.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 20.3.1 By right

 

The following uses shall be permitted subject to the requirements and limitations of this ordinance:

 

1.   Detached single-family dwellings.

 

2.   Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses 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.

 

3.   Multiple-family dwellings.

 

4.   (Repealed 9-2-81)

 

5.   Parks, playgrounds, community centers and noncommercial recreational and cultural facilities such as tennis courts, swimming pools, game rooms, libraries and the like.

 

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.   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) 

 

8.   Temporary construction uses (reference 5.1.18).

 

9.   Accessory uses and structures including home occupation, Class A (reference 5.2) and storage buildings.

 

10. Homes for developmentally disabled persons (reference 5.1.07).

 

11. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02)

           

            12.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).      

 

Sec. 20.3.2 By special use permit

 

The following uses shall be permitted only by special use permit, provided that no separate application shall be required for any such use included in the original PUD rezoning petition:

 

1.   Day care, child care or nursery facility (reference 5.1.06).

 

2.   Fire and rescue squad stations (reference 5.1.09).

 

3.   Rest home, nursing home, convalescent home, orphanage or similar institution (reference 5.1.13).

4.   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).

 

5.   Home occupation, Class B (reference 5.2).

 

6.   Churches.  (Added 9-2-81)

 

7.   Stand alone parking and parking structures (reference 4.12, 5.1.41).  (Added 11-7-84; Amended 2-5-03)

 

8.  Tier III personal wireless service facilities (reference 5.1.40)

 

 

Sec. 20A.6  Permitted uses

 

The following uses shall be permitted in an NMD, subject to the regulations in this section and section 8, the approved general development plan and code of development, and the accepted

proffers:

 

a.   By right uses.  The following uses are permitted by right:

 

1.   Each use allowed by right or by special use permit in any other zoning district,

except for those uses allowed only by special use permit delineated in subsection (b); provided that the use is identified in the approved code of development.

 

2.   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 conformity with Chapter 16 of the Code of Albemarle and all other applicable law.

 

3.   Accessory uses and buildings including storage buildings.

 

4.   Home occupation, Class A, where the district includes residential uses.

 

5.   Temporary construction uses.

 

6.   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, 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.

 

7.   Tourist lodgings, where the district includes residential uses.

 

8.   Homes for developmentally disabled persons, where the district includes residential uses.

 

9.   Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

b.   By special use permit.  The following uses are permitted by special use permit:

 

1.   Drive-through windows serving or associated with permitted uses.

 

2.   Outdoor storage, display and/or sales serving or associated with a by right permitted use, if any portion of the use would be visible from a travelway.

 

Sec. 22.2.1 By right

 

The following uses shall be permitted in any C-1 district subject to the requirements and limitations of these regulations.  The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation.  Appeals from the zoning administrator's decision shall be as generally provided in section 34.0.

 

a.   The following retail sales and service establishments:

 

1.   Antique, gift, jewelry, notion and craft shops.

 

2.   Clothing, apparel and shoe shops.

 

3.   Department store.

 

4.   Drug store, pharmacy.

 

5.   Florist.

 

6.   Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops.

 

7.   Furniture and home appliances (sales and service).

 

8.   Hardware store.

 

9.   Musical instruments.

 

10. Newsstands, magazines, pipe and tobacco shops.

 

11. Optical goods.

 

12. Photographic goods.

 

13. Visual and audio appliances.

 

14. Sporting goods.

 

15. Retail nurseries and greenhouses.

 

b.   The following services and public establishments:

 

1.   Administrative, professional offices.

 

2.   Barber, beauty shops.

 

3.   Churches, cemeteries.

 

4.   Clubs, lodges, civic, fraternal, patriotic (reference 5.1.02).

 

5.   Financial institutions.

 

6.   Fire and rescue squad stations (reference 5.1.09).

 

7.   Funeral homes.

 

8.   Health spas.

 

9.   Indoor theaters.

 

10. Laundries, dry cleaners.

 

11. Laundromat (provided that an attendant shall be on duty at all hours during operation).

 

12. Libraries, museums.

 

13. Nurseries, day care centers (reference 5.1.06).

 

14. Eating establishments.

 

15. Tailor, seamstress.

 

16. Automobile service stations (reference 5.1.20).

 

17.  Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility.  Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority.  (Amended 5-2-93)

18.  Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 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 11-1-9)

 

      19. Temporary construction uses (reference 5.1.1).

 

      20. Dwellings (reference 5.1.21).

 

      21. Medical center.

 

      22. Automobile, truck repair shop excluding body shop.  (Added 6-3-81; Amended 9-9-92)

 

      23. Temporary nonresidential mobile homes (reference 5.8).  (Added 3-5-6)

 

      24. Indoor athletic facilities.  (Added 9-15-93)

 

      25. Farmers' market (reference 5.1.36).  (Added 10-11-95)

 

26. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02)

 

27.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 22.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

1.   Commercial recreation establishments including but not limited to amusement centers, bowling alleys, pool halls and dance halls. (Amended 1-1-83)

 

2.   Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations and appurtenances.

 

3.   Hospitals.

 

4.   Fast food restaurant.

 

5.   Veterinary office and hospital (reference 5.1.11).

 

6.   Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential - R-15, in compliance with regulations set forth therein, and such conditions as may be imposed pursuant to section 31.2.4.

 

7.   Hotels, motels and inns.

 

8.   Motor vehicle sales and rental in communities and the urban area as designated in the comprehensive plan.  (Added 6-1-83)

 

9.   Stand alone parking and parking structures (reference 4.12, 5.1.41).  (Added 11-7-84; Amended 2-5-03)

 

10. Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-92)

 

11. Uses permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day.  Uses permitted by right, not served by public sewer, involving anticipated discharge of sewage other than domestic wastes.  (Added 6-14-89)

12. Body shop.  (Added 9-9-92)

 

13.  Animal shelter (reference 5.1.11).  (Added 6-16-99).

 

14.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 23.2.1 By right

 

The following uses shall be permitted in any CO district, subject to the requirements and limitations of these regulations:

 

1.   Administrative and business offices.

 

2.   Professional offices, including medical, dental and optical.

 

3.   Financial institutions.

 

4.   Churches, cemeteries.

 

5.   Libraries, museums.

 

6.   Accessory uses and structures incidental to the principal uses provided herein.  Such uses in combination shall not occupy more that twenty (20) percent of the floor area of buildings on the site. The following accessory uses shall be permitted:

 

-Eating establishments;

 

-Newsstands;

 

-Establishments for the sale of office supplies and service of office equipment;

 

-Data processing services;

 

-Central reproduction and mailing services and the like;

 

-Ethical pharmacies, laboratories and estabishments for the production, fitting and/or sale of optical or prosthetic appliances on sites containing medical, dental or optical offices;

 

-(Repealed 3-17-82)

 

-Sale/service of goods associated with the principal use such as, but not limited to:  musical instruments, musical scores, text books, artist's supplies and dancing shoes and apparel.

 (Added 12-3-86)

 

7.   Electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility.  Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority.  Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law.  (Amended 5-12-93)

 

8.   Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)

 

9.   Temporary construction uses (reference 5.1.18).

 

10. Dwellings (reference 5.1.21).  (Added 3-17-82)

 

11. Temporary nonresidential mobile homes (reference 5.8).  (Added 3-5-86)

 

12. Day care, child care or nursery facility (reference 5.1.6). (Added 9-9-92)

 

13. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-01)

 

14.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 23.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

1.   Hospitals.

 

2.   Funeral homes.

 

3.   Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations and appurtenances.

 

4.   Stand alone parking and parking structures (reference 4.12, 5.1.41).  (Added 11-7-84; Amended 2-5-03)

 

5.   Commercial uses otherwise permitted having drive-in windows (Added 11-7-84)

 

6.   School of special instruction. (Added 1-1-87)

 

7.   Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2). (Added 1-1-87)

 

8.   Uses permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day.  Uses permitted by right, not served by public sewer, involving anticipated discharge of sewage other than domestic wastes.  (Added 6-14-89)

 

9.   Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential R-15. in compliance with regulations set forth therein and such conditions as may be imposed pursuant to section 31.2.4.  (Added 6-19-91)

 

10. Hotels, motels and inns (reference 9.0).  (Added 6-19-91)

 

11. Supporting commercial uses (reference 9.0).  (Added 6-19-91)

 

12. Research and development activities including experimental testing.  (Added 6-19-91)

 

13. Laboratories, medical or pharmaceutical.  (Added 6-10-92)

 

14. Indoor athletic facilities.  (Added 9-15-93)

 

15.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 24.2.1 By right

 

The following uses shall be permitted in any HC district subject to the requirements and limitations of these regulations.  The zoning administrator, after consultation with the director of planning and other appropriate officials, may permit, as a use by right, a use not specifically permitted; provided that such use shall be similar to uses permitted by right in general character, and more specifically, similar in terms of locational requirements, operational characteristics, visual impact and traffic generation. Appeals from the zoning administrator's decision shall be as generally provided in section 34.0.

 

1.   Automobile laundries.

 

2.   Automobile, truck repair shops.

 

3.   Automobile service stations (reference 5.1.20).

 

4.   Building materials sales.

 

5.   Churches, cemeteries.

 

6.   Clubs, lodges, civic, fraternal, patriotic (reference 5.1.2).

 

7.   Convenience stores.

 

8.   Educational, technical and trade schools.

 

9.   Factory outlet sales - clothing and fabric.

 

10. Feed and seed stores (reference 5.1.22).

 

11. Financial institutions.

 

12. Fire extinguisher and security products, sales and service.

 

13. Fire and rescue squad stations (reference 5.1.09).

 

14. Funeral homes.

 

            15. Furniture stores.

 

16. Food and grocery stores including such specialty shops as bakery, candy, milk dispensary and wine and cheese shops.

 

17. Home and business services such as grounds care, cleaning, exterminators, landscaping and other repair and maintenance services.

 

18. Hardware.

 

19. (Repealed 6-3-81)

 

20. Hotels, motels and inns.

 

21. Light warehousing.

 

22. Machinery and equipment sales, service and rental.

 

23. Mobile home and trailer sales and service.

 

24. Modular building sales.

 

25. Motor vehicle sales, service and rental.

 

26. New automotive parts sales.

 

27. Newspaper publishing.

 

28. Administrative, business and professional offices.

 

29. Office and business machines sales and service.

 

30. Eating establishment; fast food restaurants.

 

31. Retail nurseries and greenhouses.

 

32. Sale of major recreational equipment and vehicles.

 

33. Wayside stands - vegetables and agricultural produce (reference 5.1.19).

 

34. Wholesale distribution.

 

35. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility.  Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority.  Except as otherwise expressly provided, central water supplies and central sewerage systems in conformance with Chapter 16 of the Code of Albemarle and all other applicable law.  (Amended 5-12-93)

 

36. Public uses and buildings including temporary or mobile facilities such as schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies (reference 31.2.5); public water and sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority (reference 31.2.5; 5.1.12). (Amended 11-1-89)

 

37. Temporary construction uses (reference 5.1.18).

 

38. Indoor theaters.

 

39. Heating oil sales and distribution (reference 5.1.20).

 

40. Temporary nonresidential mobile homes (reference 5.8).  (Added 3-5-86)

 

41. Uses permitted by right pursuant to subsection 22.2.1 of section 22.1, commercial, C-1.  (Added 6-19-91; Amended 9-9-92)

 

42. Indoor athletic facilities.  (Added 9-15-93)

 

43. Farmers' market (reference 5.1.36).  (Added 10-11-95)

 

44. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02)

 

            45.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

Sec. 24.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

1.   Commercial recreation establishment including but not limited to amusement centers, bowling alleys, pool halls and dance halls.  (Amended 1-1-83)

 

2.   Septic tank sales and related service.

 

3.   Livestock sales.

 

4.   Veterinary office and hospital (reference 5.1.11).

 

5.   Drive-in theaters (reference 5.1.08).

 

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.   Hospitals, nursing homes, convalescent homes (reference 5.1.13).

 

8.   Contractors' office and equipment storage yard.

 

9.   Auction houses.

 

10. Unless such uses are otherwise provided in this section, uses permitted in section 18.0, residential - R-15, in compliance with regulations set forth therein, and such conditions as may be imposed pursuant to section 31.2.4.

 

11. Commercial kennels - indoor only (reference 5.1.11). (Added 1- 1-83)

 

12. Stand alone parking and parking structures (reference 4.12, 5.1.41).  (Added 11-7-84; Amended 2-5-03)

 

13. Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-92)

 

14. Uses permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day.  Uses permitted by right, not served by public sewer, involving anticipated discharge of sewage other than domestic wastes.  (Added 6-14-89)

 

15. Warehouse facilities not permitted under section 24.2.1 (reference 9.0).  (Added 6-19-91)

           

            16.  Animal shelter (reference 5.1.11).  (Added 6-16-99)

 

            17.  Tier III personal wireless service facilities (reference 5.1.40).

 

Sec. 25.2.2 By special use permit

 

1.   Commercial recreational establishment included but not limited to amusement centers, bowling alleys, pool halls and dance halls. (Amended 1-1-83)

 

2.   Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro-wave and radio-wave transmission and relay towers, substations and appurtenances (reference 5.1.12).

 

3.   Parking structures located wholly or partly above grade. (Added 11-7-84)

 

4.   Drive-in windows serving or associated with permitted uses. (Added 11-7-84; Amended 9-9-92)

 

5.   Veterinary office and hospital (reference 5.1.11).  (Added 11- 15-89)

 

6.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 27.2.1 By right

 

Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted in any LI district subject to the requirements and limitations of these regulations:  (Amended 2-13-85)

 

1.   Compounding of drugs, including biological products, medical and chemical as well as pharmaceutical.

 

2.   Fire and rescue squad stations (reference 5.1.9).

 

3.   Manufacture, processing, fabrication, assembly, distribution of products such as but not limited to: (Amended 12-2-81; 2- 20-91)

 

-Artists' supplies and equipment.

 

-Business, office machines and equipment.

 

-Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap.

 

-Drafting supplies and equipment.

 

                  -Electrical lighting and wiring equipment.

 

-Electrical and electronic equipment and components including radio, telephone, computer, communication equipment, TV receiving sets, phonographs.

-Food products, such as bakery goods, dairy products, candy, beverages, including bottling plants.

 

-Gifts, novelties including pottery, figurines and similar ceramic products.

 

-Glass products made of purchased glass.

 

-Industrial controls.

 

-Jewelry, silverware.

 

-Light machinery and machine parts, including electrical household appliances but not including such things as clothes washers, dryers and refrigerators.

 

-Musical instruments.

 

-Paper products such as die-cut paperboard and cardboard, sanitary paper products, bags and containers.

 

-Photographic equipment and supplies including processing and developing plant.

 

-Rubber, metal stamps.

 

-Small electrical parts such as coils, condensers, transformers, crystal holders.

 

-Surgical, medical and dental instruments and supplies.

 

-Toys, sporting and athletic equipment, except firearms, ammunition or fireworks.

 

-Watches, clocks and similar timing devices.

 

-Wood cabinets and furniture, upholstery.

 

4.   Publishing, printing, lithography and engraving, including but not limited to newspapers, periodicals and books.

 

5.   Preparation of printing plates including typesetting, etching and engraving.

 

6.   Research and development activities including experimental testing.

 

7.   Scientific or technical education facilities.

 

8.   Assembly and fabrication of light aircraft from component parts manufactured off-site.

 

9.   Contractor's office and equipment storage yard.

 

10. Engineering, engineering design, assembly and fabrication of machinery and components, including such on-site accessory uses as machining, babbitting, welding and sheet metal work and excluding such uses as drop hammering and foundry.  (Amended 10-3-01)

 

            11. 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)

 

12. 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)

 

13. Temporary construction uses (reference 5.1.18).

 

14. Business and professional office buildings.

 

15. Dwellings (reference 5.1.21).  (Added 4-17-85)

 

16. Temporary nonresidential mobile homes (reference 5.8).  (Added 3-5-86)

 

17. Warehouse facilities and wholesale businesses not involving storage of gasoline, kerosene or other volatile materials; dynamite blasting caps and other explosives; pesticides and poisons; and other such materials which could be hazardous to life in the event of accident.  (Added 12-2-87)

 

18. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02)

 

19.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

(§ 27.2.1, 12-10-80, 12-2-81, 2-13-85, 4-17-85, 3-5-86, 12-2-87, 11-1-89, 5-12-93; Ord. 01-18(6), 10-3-01; Ord. 02-18(6), 10-9-02)

 

Sec. 27.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

1.   Laboratories, medical or pharmaceutical.

 

2.   Airport, helistop or heliport (reference 5.1.1).

 

3.   Assembly of modular building units.

 

4.   Moving businesses, including storage facilities.

 

5.   Warehouse facilities not permitted under section 27.2.1.17. (Amended 12-2-87)

 

6.   Wholesale business not permitted under section 27.2.1.17. (Amended 12-2-87)

 

7.   Truck terminal.

 

8.   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.

 

9.   Temporary events sponsored by local nonprofit organizations (reference 5.1.27).  (Added 7-7-82)

 

10. Uses permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day.  Uses permitted by right, not served by public sewer, involving anticipated discharge of sewage other than domestic wastes.  (Added 2-13-85)

 

11. Body shops (reference 5.1.31).  (Added 12-7-88)

 

12. Towing and storage of motor vehicles (reference 5.1.32). (Added 6-6-90)

           

            13. Uses listed under section 27.2.1 with subordinate retail sales exceeding fifteen (15) percent of the floor area of the main use.  (Added 2-20-91)

 

14. Supporting commercial uses (reference 9.0).  (Added 6-19-91)

 

15. Indoor athletic facilities.  (Added 9-15-93)

 

            16.  Stand alone parking and parking structures (reference 4.12, 5.1.41).  (Added 2-5-03)

 

            17.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 28.2.1 By right

 

Except as otherwise limited by section 28.2.2.14, the following uses shall be permitted in any HI district subject to the requirements and limitations of these regulations:  (Amended 2-13-85)

 

1.   Automotive, farm and construction and machinery products assembly.

 

2.   Brick manufacturing, distribution.

 

3.   Concrete mixing plant, storage, distribution.

 

4.   Dry-cleaning plants.

 

            5.   Fire and rescue squad stations (reference 5.1.09).

 

6.   Machine shops, tool and die, blacksmithing, boiler shops and similar operations.

 

7.   Manufacture of heavy household, commercial and industrial appliances.

 

8.   Manufacture of building components.

 

9.   Manufacture, distribution, service of individual sewage disposal systems.

 

10. Manufacture and recycling of tires.

 

11. Metal fabrication and welding operations.

 

12. Mobile home manufacturing, distribution.

 

13. Moving businesses, including storage facilities.

 

14. Petroleum, gasoline, natural gas and manufactured gas bulk storage (reference 5.1.20).

 

15. Recreational vehicle and components manufacturing, distribution.

 

16. Sawmills (reference 5.1.15), planing mills, wood preserving operations, woodyards.

 

17. Veterinary or dog/cat hospitals, indoor accessory kennels (reference 5.1.11).

 

18. Warehouse facilities.

 

19. Contractor's office and equipment storage yards.

 

20. Electric, gas, oil and communication facilities excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations and appurtenances owned and operated by the Albemarle County Service Authority.  (Amended 5-12-93)

 

21. 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)

 

22. Temporary construction uses (reference 5.1.18).

 

23. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)

 

24. Stormwater management facilities shown on an approved final site plan or subdivision plat. (Added 10-9-02)

 

25.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

 

 

 

Sec. 28.2.2 By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:

 

1.   Abattoirs.

 

2.   Airport, helistop or heliport (reference 5.1.01).

 

3.   Asphalt mixing plants.

 

4.   Cement, lime gypsum manufacture or processing.

 

            5.   Chemical, plastics manufacture or processing.

 

6.   Fertilizer manufacture or processing.

 

7.   Food processing plants such as meat, poultry and  fish processing and packing and rendering plants.

 

8.   Junk yards, screened (reference 5.1.10).

 

9.   Kennels for boarding of domestic pets (reference 5.1.11).

 

10. Petroleum refining, including by-products (reference 5.1.20).

 

11. Pulp, paper manufacture or processing.

 

12. Storage yards not elsewhere classified, excluding storage of nuclear products, by-products or wastes.

 

13. 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).

 

14. Uses permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day.  Uses permitted by right, not served by public sewer, involving anticipated discharge of sewage other than domestic wastes.  (Added 2-13-85)

 

15. Motorcycle and off-road recreation vehicles sale and service.  (Added 10-15-86)

 

16. Supporting commercial uses (reference 9.0).  (Added 6-19-91)

 

17. Stand alone parking and parking structures (reference 4.12, 5.1.41).  (Added 2-5-03)

 

            18.  Tier III personal wireless service facilities (reference 5.1.40)

 

Sec. 30.3.05.1.1 By right within the floodway

 

The following uses or activities are authorized within the floodway as a matter of right:

1.   Agricultural uses, excluding structures of any kind, limited to field crops, pasture, grazing, livestock, raising poultry, horticulture, viticulture and forestry.

 

2.   Recreational uses (excluding structures of any kind and uses involving human habitation) such as parks; swimming areas, golf courses and driving ranges; picnic grounds; wildlife and nature preserves; game farms; fish hatcheries; shooting preserves; target, trap and skeet ranges; hunting, fishing and hiking areas; athletic fields; and horse show grounds.

 

3.   Flood warning aids and devices, water monitoring devices and the like.

 

4.   Fences.

 

5.   Electric, gas, oil and communications facilities, including poles, lines, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility, but excluding tower structures.  (Added 7-1- 81) (Amended 5-12-93)

 

6.   Water distribution and sewage collection lines and appurtenances owned and operated by the Albemarle County Service Authority, but excluding pumping stations and holding ponds. (Added 7-1-81)

 

7.   If paragraphs (a) through (d) are each satisfied, projects which: (i) are designed or directed by the county, a soil and water conservation district, or a public agency authorized to carry out flood control or environmental restoration measures; or (ii) are reviewed and approved by the department of engineering and public works in accordance with the water protection ordinance.

 

a.   The purpose which will be served by the project, as determined by the department of engineering and public works, is either flood control or environmental restoration;

 

b.   The amount of fill material placed within the floodway, floodway fringe or approximated flood plain does not exceed the amount of cut material removed from the same floodway, floodway fringe or approximated flood plain in which the fill was placed;

 

c.   No natural streams will be relocated; and

 

            d.   The project will use natural materials such as rock and vegetation, and will not use engineered structures such as those identified in section 30.3.05.2.1(5).

8.  Tier I and Tier II personal wireless service facilities (reference 5.1.40).

 

(Ord. 98-18(2); 9-16-98)

 

 

 

Sec. 30.3.05.2.1 By special use permit within the floodway

 

            The following uses or activities are authorized within the floodway by special use permit:

 

1.   Dams, levees and other structures for water supply and flood control.

 

2.   Water related uses such as boat docks, canoe liveries, bridges, ferries, culverts and river crossings of transmission lines of all types.

 

3.   Sod farming, topsoil, sand and gravel removal.

 

4.   Pump stations for water or wastewater including power supply and control devices, holding ponds and other appurtenances.

 

5.   Engineered structures including, but not limited to, retaining walls and revetments made of non-natural materials such as concrete, and gabion baskets, which are constructed along channels or watercourses for the purpose of water conveyance or flood control.

 

6.   Hydroelectric power generation (reference 5.1.26).(Added 4-28-82)

 

7.  Tier III personal wireless service facilities (reference 5.1.40)

 

(Ord. 98-18(2); 9-16-98)

 

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