Albemarle County Planning Commission

June 9, 2009



ZTA-2009-00008 Body Shops and Towing Services in HI Heavy Industrial District Amend Sec. 28.2.1, By right, of Chapter 18, Zoning, of the Albemarle County Code.  This ordinance would amend Sec. 28.2.1 to add body shops and the towing and temporary storage of motor vehicles as by right uses in the Heavy Industry (HI) 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. 

1.       Body Shop ( – should say .3.1.a and b so that it would tell them specifically what applies to the by-right uses.  Paragraph C would have not meaning since it talks about special use permits. 

2.       In #28 it should reference to help clarify that.


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. Porterfield moved and Mr. Morris seconded to recommend approval of ZTA-2009-00008 with the two modifications as noted by staff.



Mr. Kamptner asked to clarify the provisions that apply in 5.1.32.  Is it really only the last clause that should not be applying in subsection a.


Mr. Higgins replied that he thought about that initially when he got the inquiry.  But then when looking at the first sentence it states the obvious.  This provision is intended to provide locations for the towing and temporary storage of collision and disabled vehicles.


Mr. Kamptner asked if the second sentence, “No body and mechanical work, painting, etc.” is not to be allowed for a towing and temporary storage of motor vehicles use.


Mr. Higgins noted that they are about to allow body shops by right.  Therefore, it seemed a little strange to have that.


Mr. Kamptner said that they were overlapping.  All of these things that are excluded in 5.1.32.a would be allowed under 5.1.31.


Mr. Higgins replied yes.


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


Mr. Strucko noted that the motion passes and ZTA-2009-00008 would go before the Board of Supervisors at a date to be determined.


ZTA-2009-00008 Body Shops and Towing Services in HI Heavy Industrial District


ORDINANCE NO.  09-18(   )




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. 28.2.1       By right

Chapter 18.  Zoning


Article III.  District Regulations


Sec. 28.2.1  By right


Except as otherwise limited by section, the following uses shall be permitted by right in the HI district:  (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.  Storage yards.  (Amended 11-12-08)


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).  (Added 10-13-04)


26.  Heavy equipment and heavy vehicle parking and storage yards.  (Added 11-12-08)


27. Body shops (reference 5.1.31.a and b)


28.  Towing and temporary storage of motor vehicles (reference 5.1.32.b)..


(§ 20-28.2.1, 12-10-80; 2-13-85; 3-5-86; 11-1-89; 5-12-93; Ord. 02-18(6), 10-9-02; 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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