ORDINANCE NO.  08-18(   )

 

AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, 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 Regulations, and Article III, District Regulations, are hereby amended and reordained as follows:

 

By Amending:

 

Sec. 3.1                        Definitions

Sec. 24.2.1        By right

Sec. 24.2.2        By special use permit

Sec. 25.2.1        By right

Sec. 25.2.2        By special use permit

Sec. 25A.2.1     By right

Sec. 25A.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

 

Chapter 18.  Zoning

 

Article I.  General Regulations

 

Sec. 3.1  Definitions

 

. . .

 

Heavy equipment.  Equipment that requires an oversize/overweight permit from the Virginia Department of Motor Vehicles to be transported over public highways.

 

Heavy equipment and heavy vehicle parking and storage yard: An area used for parking, storing and/or maintaining heavy equipment and heavy vehicles used off-site in the trade, business or other commercial or industrial activity of the owner or occupant (collectively, the “off-site activity”), and which may include storing and maintaining heavy equipment and heavy vehicles within buildings or structures and storing explosives, including blasting caps, that are used in the off-site activity, and kerosene and other volatile materials in volumes that are reasonably necessary to maintain equipment and vehicles; but which use does not include storing nuclear products, by-products or wastes. 

 

Heavy vehicles.  Vehicles that have more than five (5) axles or haul heavy equipment.  For the purposes of this definition, the axles of tractor trucks and their trailers shall be counted as though they are a single vehicle.

 

. . .

 

Storage yard:  An area used for parking, storing and/or maintaining equipment, vehicles and materials used off-site in the trade, business or other commercial or industrial activity of the owner or occupant, and which may include storing and maintaining equipment, vehicles and materials within buildings or structures; but which use does not include parking, storing and/or maintaining heavy equipment and heavy vehicles, storing explosives, including blasting caps, storing nuclear products, by-products or wastes, or storing kerosene or other volatile materials except that which is reasonably necessary to maintain equipment and vehicles.

 

Article III.  District Regulations

 

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.

 

. . .

 

46.        Storage yards.

 

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 The following uses shall be permitted by special use permit in the HC district:

 

. . .

 

8.         Contractor’s office and equipment storage yard.

 

. . .

 

Sec. 25.2.1  By right

 

The following uses shall be permitted by right in the PD-SC district:

 

1.   Uses permitted by right shall include commercial and service establishments permitted by right in the C-1, CO and HC districts, except for storage yards.  Outdoor storage, sales or display shall be permitted only when enclosed by appropriate visual screening.

 

. . .

 

Sec. 25.2.2  By special use permit

 

The following uses shall be permitted by special use permit in the PD-SC district:

 

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

 

2.   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).  (Added 10-13-04)

 

7Storage yards.

 

(§ 20-25.2.2, 12-10-80; 1-1-83; 11-7-84; 11-15-89; 9-9-92; Ord. 04-18(2), 10-13-04)

 

Sec. 25A.2.1  By right

 

The following uses shall be permitted in any PD-MC district subject to the requirements and limitations of these regulations: The following uses shall be permitted by right in the PD-MC district:

 

1.   Uses permitted by right shall include commercial and service establishments permitted by right in the C-1, CO and HC districts, except for storage yards.  Outdoor storage, sales or display shall be permitted only when enclosed by appropriate visual screening.

 

. . .

Sec. 25A.2.2  By special use permit

 

Uses permitted by special use permit shall include: The following uses shall be permitted by special use permit in the PD-MC district:

 

1.   Uses permitted by special use permit in the C-1, CO and HC districts.

 

2.   Outdoor amphitheater (reference 5.1.37).  (Added 10-9-96)

 

3.   Storage yards.

 

Sec. 27.2.1  By right

 

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

 

. . .

 

9.         Contractor's office and equipment sStorage yards.

 

. . .

 

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: The following uses shall be permitted by special use permit in the LI district:

 

. . .

 

            18.        Heavy equipment and heavy vehicle parking and storage yards.                          

 

           

 

Sec. 28.2.1  By right

 

Except as otherwise limited by section 28.2.2.14, the following uses shall be permitted by right in any the HI

district subject to the requirements and limitations of these regulations:  (Amended 2-13-85)

 

. . .

 

19.        Contractor's office and equipment sStorage yards.

. . .

 

            26.        Heavy equipment and heavy vehicle parking and storage yards.  

 

 

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:  The following uses shall be permitted by special use permit in the HI district:

 

. . .

 

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

. . .

 

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