Attachment C


Section 18 - of the Zoning Ordinance - Variations




The director of planning and community development may allow a site plan or subdivision plat for

a planned development to vary from an approved application plan, standard of development and,

also, in the case of a neighborhood model district, a general development plan or code of

development, as provided herein:

a. The director is authorized to grant a variation from the following provisions of an approved

plan, code or standard:

1. Minor variations to yard requirements, maximum structure heights and minimum lot


2. Changes to the arrangement of buildings and uses shown on the plan, provided that the

major elements shown on the plan and their relationships remain the same;

3. Changes to phasing plans;

4. Minor changes to landscape or architectural standards; and

5. Minor variations to street design.

b. The applicant shall submit a written request for a variation to the director; the request shall

specify the provision of the plan, code or standard for which the variation is sought, and state

the reason for the requested variation; the director may reject a request that fails to include the

required information.

c. The director is authorized to grant a variation upon a determination that the variation: (1) is

consistent with the goals and objectives of the comprehensive plan; (2) does not increase the

approved development density or intensity of development; (3) does not adversely affect the

timing and phasing of development of any other development in the zoning district; (4) does

not require a special use permit; and (5) is in general accord with the purpose and intent of the

approved application.

d. Any variation not expressly provided for herein may be accomplished by rezoning.



Section 18 22 of the Zoning Ordinance: C-1 Commercial


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 3-5-86)

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). (Added 10-13-04)

( 20-22.2.1, 12-10-80; 6-3-81; 3-5-86; 9-9-92; 5-2-93; 9-14-93; 10-11-95; Ord. 02-18(6), 10-9-02; Ord.

04-18(2), 10-13-04)



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; microwave

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-


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


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). (Added 10-13-04)



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