Albemarle County Planning Commission

June 9, 2009

 

 

ZTA-2009-00002 Beauty/Barber Shops in CO district. Amend Sec. 23.2.1, By right, of Chapter 18, Zoning, of the Albemarle County Code.  This ordinance would amend Sec. 23.2.1 to add beauty shops and barber shops as permitted accessory uses in the Commercial Office (CO) zoning district.  A copy of the full text of the ordinance is on file in the office of the Clerk of the Board of Supervisors and in the Department of Community Development, County Office Building, 401 McIntire Road, Charlottesville, Virginia. (Elaine Echols)

 

Ron Higgins summarized the request.

 

This application came as a citizen initiated application as a result of a sign issue on Rio Road.  In looking at temporary signs for a single chair operator barber shop staff determined that she had moved from one building on Rio Road to another assuming that it was all the same.  She went from a Planned District that allowed the barber shop/beauty shop to a Commercial Office District, which does not.  The basis issue here is that they are asking that the use and CO that lists all of the customary accessory uses be expanded to include the beauty shop and barber shops in CO. What they found in their research is that this is a reasonable and customary use in Commercial Office District.  These uses are allowed in all commercial districts, Planned Districts, C-1, and HC.  But these uses are not allowed in any fashion in the CO district. Staff felt that was something of an omission since the use is being proposed as an accessory use the kinds of uses that are in that accessory use list are pretty extensive and not unlike this kind of use.  Staff found that it was fairly common to see these kinds of uses. 

 

There have been questions asked.  Ms. Joseph had written about other incidental uses in a barber shop or beauty shop. Without a definition staff had looked at the kinds of activities when putting this together and it all hinges on cosmetology.  Most of the definitions include that.  Cosmetology is hair and skin care, which would include all of those things that one would normally expect to be used for those kinds of things. It is incidental to just hair cutting.

 

Staff recommends that the ordinance be amended to include the beauty shop and barber shop by-right.  Ms. Maxwell, the initiator of the request, asked about it and staff realized that it had been left out of the ordinance.  It had never come up.  But staff found many instances in an office building in Albemarle, including Commercial Office, where they have uses that predate any approvals.

 

Mr. Strucko invited questions for staff.

 

Ms. Joseph said when they look at the CO and the uses allowed it allows medical offices.  So it is not a matter of water use or anything like that.

 

Mr. Higgins noted that it does not have any correlation with other kinds of impact.  He did some research to find out if there was a particular reason it was left out and they simply could not find any evidence of it.  He pointed out that there was a slight wording change in #6 in the way it describes the 20 percent rule, which just states it more clearly. 

 

Mr. Strucko opened the public hearing and invited public comment.  There being none, the public hearing was closed and the matter before the Commission for discussion and action

 

Motion: Mr. Morris moved and Ms. Porterfield seconded to recommend approval of ZTA-2009-00002 Beauty/Barber Shops in CO district. 

 

The motion was approved by a vote of 6:0.

 

Mr. Strucko noted that the motion passes and would go before the Board of Supervisors at a date to be determined.

 

 

ZTA-2009-00002 Beauty/Barber Shops in CO district – Proposed Zoning Text Amendment Language

 

ORDINANCE NO.  09-18(   )

 

AN ORDINANCE TO AMEND CHAPTER 18, ZONING, 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 III, District Regulations, is hereby amended and reordained as follows:

 

By Amending:

 

Sec. 23.2.1       By right

Chapter 18.  Zoning

 

Article III.  District Regulations

 

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 The aggregate of all accessory uses in combination shall not occupy more that twenty (20) percent of the floor area of the buildings on the site.  The following accessory uses shall be permitted:

 

-Eating establishments;

 

-Newsstands;

 

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

 

-Data processing services;

 

-Central reproduction and mailing services and the like;

 

-Ethical pharmacies, laboratories and establishments 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)

 

-Barber shops;

 

-Beauty shops.

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). (Added 10-13-04)

 

(§ 20-23.2.1, 12-10-80; 3-17-82; 3-5-86; 12-3-86; 11-1-89; 9-9-92; 5-12-93; Ord. 01-18(6), 10-9-01 ; Ord. 04-18(2), 10-13-04)

 

I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded below, at a regular meeting held on _________________________.

 

                                                                                                            __________________________________                                                                                     Clerk, Board of County Supervisors

                                   

Aye      Nay

Mr. Boyd                       ____     ____

Mr. Dorrier                     ____     ____

Ms. Mallek                    ____     ____

Mr. Rooker                    ____     ____

Mr. Slutzky                   ____     ____

Ms. Thomas                  ____     ____

 

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