APPENDIX B ZONING. Add the following definitions to Appendix B Zoning Article 2 Section 2-2 Definitions as follows:

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1 AT A MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS HELD ON WEDNESDAY, NOVEMBER 8, 2017 IN THE COLONIAL COURTHOUSE, 6504 MAIN STREET GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY, AND SECONDED BY, THE FOLLOWING ORDINANCE WAS ADOPTED BY THE FOLLOWING VOTE: Phillip N. Bazzani, ; Ashley C. Chriscoe, ; Christopher A. Hutson, ; Andrew James, Jr., ; John C. Meyer, Jr., ; Robert J. Orth, ; Michael R. Winebarger, ; AN ORDINANCE TO AMEND APPENDIX B ZONING OF THE CODE OF GLOUCESTER COUNTY, VIRGINIA, BY AMENDING ARTICLE 2 DEFINITIONS, SECTION 2-2 DEFINITIONS; AMENDING ARTICLE 5 DISTRICT REGULATIONS, SECTION 5-2 OFFICIAL SCHEDULE OF DISTRICT REGULATIONS ADOPTED; AMENDING ARTICLE 9 SUPPLEMENTARY DISTRICT REGULATIONS BY ADDING SECTION 9-30 EVENT FACILITIES; AND AMENDING ARTICLE 11 OFF-STREET PARKING AND LOADING FACILITIES. WHEREAS, Gloucester County s Planning Commission requested staff to consider ideas for an amendment to the Gloucester County Code which would accommodate event facilities in certain areas of Gloucester County; and WHEREAS, the Gloucester County Planning Commission and staff reviewed existing and proposed ordinances related to this topic from other localities; and WHEREAS, the Gloucester County Planning Commission developed and reached consensus on a list of definitions, conditions and recommendations which would ensure that the interests of public health, safety, and welfare would be served when event venue facilities are located in the County; and WHEREAS, the adoption of an ordinance that supports and encourages event venues is consistent with several goals in Gloucester County s Comprehensive Plan, including encouraging economic development and promoting industries that preserve Gloucester s cultural, historical, and natural resources; and WHEREAS, the Gloucester County Planning Commission reached consensus on a draft ordinance amendment and held a public hearing on September 7, 2017, voting 7-0 (0 absent) to forward the ordinance amendment to the Gloucester County Board of Supervisors with a recommendation of approval; and WHEREAS, the Gloucester County Board of Supervisors has held a duly advertised public hearing, and is of the opinion that public necessity, convenience, general welfare, and good zoning practice will be furthered by such an amendment. 1 Page 107

2 NOW, THEREFORE BE IT ORDAINED AND ENACTED, by the Board of Supervisors of Gloucester County, Virginia, this day of, 2017, that the Gloucester County Code, Appendix B, Article 2 Definitions, Section 2-2 Definitions; Article 5 District Regulations, Section 5-2 Official Schedule of District Regulations Adopted; Article 9, Supplementary District Regulations; and Article 11, Off-street parking and loading facilities be amended as follows: APPENDIX B ZONING Add the following definitions to Appendix B Zoning Article 2 Section 2-2 Definitions as follows: Event, commercial: A social, sporting, or charitable gathering open to the general public or invited guests held at a venue which is operated as a business pursuant to the definition in Chapter 10 of the Gloucester County Code. Typical events include, but are not limited to, weddings, performances, conferences, social, or other events. Excluded from this definition are events held by a property owner for their personal use and enjoyment, and events held for charitable purposes by a non-profit entity properly registered as a 501(c) organization with the Internal Revenue Service, both of which are not regulated by this ordinance. Event facility: A place of public assembly used for commercial events as defined herein. Amend Appendix B Zoning Article 5 Section 5-2 OFFICIAL SCHEDULE OF DISTRICT REGULATIONS ADOPTED for Zoning Districts C-2, RC-1, RC-2, SC-1, B- 1, B-2, and B-4 to add Event facility, as follows: [See attached condensed table] Add the following section to Appendix B Zoning Article 9 Supplementary District Regulations: Event facilities. The following shall apply to event facilities: 1. Property shall have frontage on, or exclusive deeded access to, a state maintained road and be served by an entrance meeting the standards of the Virginia Department of Transportation. a) Applicant is responsible for providing adequate documentation confirming exclusive deeded access. b) A waiver from holding exclusive deeded access may be granted with the written approval of all property owners who share access to the state maintained road with the applicant. A road maintenance 2 Page 108

3 agreement may be required by the Zoning Administrator as a condition of the waiver to establish maintenance responsibilities and to provide for the care and upkeep of the access in a condition acceptable to all property owners who legally share the access. If required, the road maintenance agreement will be required to be reviewed, approved and recorded prior to issuance of a zoning permit to establish the use. 2. Event facilities can be a principal or accessory use. Event facilities in a residential or agricultural district that are accessory to the site s principal use shall not substantially change the character of the primary use of the property. 3. All signs shall conform to the requirements in Article 12 Signs. Event facilities located in residential or agricultural districts as a principal use may have signage as allowed per Section 12-7 (2) Non-residential signs in residential districts. 4. Property, buildings, and/or structures shall comply with the provisions of this chapter and other ordinances of the county and any applicable laws of the state. It is the responsibility of the applicant to ensure compliance will all applicable laws relating to the operation of their business. 5. The Planning Commission and Board of Supervisors may consider the recommendations of all reviewing agencies and public comments, and shall include in the conditional use permit decision, conditions and limitations on approval necessary for the protection of the public health, safety and welfare, which may include, but are not limited to: a) Hours of operation / event duration, b) Maximum number of attendees per function, c) The frequency and number of functions which may be held, d) Location and surface type for each access point and parking area, e) Increased setbacks, f) Buffering and screening along adjacent residential properties, g) Site lighting, h) Removal of temporary facilities, and i) Temporary and permanent water and wastewater access and disposal protocols acceptable to the Health Department. 3 Page 109

4 Amend and add the following to Appendix B Zoning Article 11 Off-Street Parking and Loading Facilities: Parking and loading space requirements. Commercial Type Uses Use Off-Street Parking Spaces Off-Street Loading Spaces Bicycle Parking Spaces Event Facility 1 space per 4 fixed seating, plus 1 per 60 SF of assembly area without fixed seating or 1 space for each 2.5 guests at maximum capacity 1 None required A Copy Teste: J. Brent Fedors, County Administrator 4 Page 110

5 Add the use Event facility in the following districts in Section 5-2. Official schedule of district regulations: Permitted Uses Event facility (by Conditional Use Permit) Special Exceptions Specific Special Exception Criteria Sewer and Water Minimum Lot Size Sewer or Water On-site S & W Official Schedule of District Regulations (Zoning District C-2) Max % of Lot Max. Ht of Minimum Yard Dimensions Accessory Buildings Misc. Requirements to be Principal Occupied Building (Principal and Accessory Buildings Width Stories Feet Front One side Sum sides Rear Stories Max Height Side Lot Lines Rear Lot Lines See Article 9, Supplementary District Regulations Section 9-30 Event Venues and Article 14, Conditional Use Permits Permitted Uses Event facility (by Conditional Use Permit) Special Exceptions Specific Special Exception Criteria Sewer and Water Official Schedule of District Regulations (Zoning District RC-1) Minimum Lot Size Max % of Lot Max. Ht of Minimum Yard Dimensions Accessory Buildings Misc. Requirements to be Principal Occupied Building (Principal and Accessory Buildings Sewer or Water On-site S & W Width Stories Feet Front One side Sum sides Rear Stories Max Height Side Lot Lines Rear Lot Lines See Article 9, Supplementary District Regulations Section 9-30 Event Venues and Article 14, Conditional Use Permits 5 Page 111

6 Permitted Uses Event facility (by Conditional Use Permit) Special Exceptions Specific Special Exception Criteria Sewer and Water Official Schedule of District Regulations (Zoning District RC-2) Minimum Lot Size Max % of Lot Max. Ht of Minimum Yard Dimensions Accessory Buildings Misc. Requirements to be Principal Occupied Building (Principal and Accessory Buildings Sewer or Water On-site S & W Width Stories Feet Front One side Sum sides Rear Stories Max Height Side Lot Lines Rear Lot Lines See Article 9, Supplementary District Regulations Section 9-30 Event Venues and Article 14, Conditional Use Permits Permitted Uses Event facility (by Conditional Use Permit) Special Exceptions Specific Special Exception Criteria Sewer and Water Minimum Lot Size Sewer or Water On-site S & W Official Schedule of District Regulations (Zoning District SC-1) Max % of Lot Max. Ht of Minimum Yard Dimensions Accessory Buildings Misc. Requirements to be Principal Occupied Building (Principal and Accessory Buildings Width Stories Feet Front One side Sum sides Rear Stories Max Height Side Lot Lines Rear Lot Lines See Article 9, Supplementary District Regulations Section 9-30 Event Venues and Article 14, Conditional Use Permits Permitted Uses Special Exceptions Specific Special Exception Criteria Sewer and Water Minimum Lot Size Sewer or Water On-site S & W Official Schedule of District Regulations (Zoning District B-1) Max % of Lot Max. Ht of Minimum Yard Dimensions Accessory Buildings Misc. Requirements to be Principal Occupied Building (Principal and Accessory Buildings Width Stories Feet Front One side 6 Sum sides Rear Stories Max Height Event facility Side Lot Lines Rear Lot Lines See Article 9, Supplementary District Regulations Section 9-30 Event Venues Page 112

7 Permitted Uses Special Exceptions Specific Special Exception Criteria Sewer and Water Minimum Lot Size Sewer or Water On-site S & W Official Schedule of District Regulations (Zoning District B-2) Max % of Lot Max. Ht of Minimum Yard Dimensions Accessory Buildings Misc. Requirements to be Principal Occupied Building (Principal and Accessory Buildings Width Stories Feet Front One side Sum sides Rear Stories Max Height Event facility Side Lot Lines Rear Lot Lines See Article 9, Supplementary District Regulations Section 9-30 Event Venues Permitted Uses Event facility (by Conditional Use Permit) Special Exceptions Specific Special Exception Criteria Sewer and Water Minimum Lot Size Sewer or Water On-site S & W Official Schedule of District Regulations (Zoning District B-4) Max % of Lot Max. Ht of Minimum Yard Dimensions Accessory Buildings Misc. Requirements to be Principal Occupied Building (Principal and Accessory Buildings Width Stories Feet Front One side Sum sides Rear Stories Max Height Side Lot Lines Rear Lot Lines See Article 9, Supplementary District Regulations Section 9-30 Event Venues and Article 14, Conditional Use Permits 7 Page 113

8 Department of Planning & Zoning County Building Two Main Street P. O. Box 329 Gloucester, Virginia Phone (804) Fax (804) TO: CC: FROM: Board of Supervisors J. Brent Fedors, County Administrator Garrey Curry, Jr., Deputy County Administrator Ted Wilmot, County Attorney Anne Ducey-Ortiz, AICP, Director of Planning and Zoning Carol Rizzio, Planner III DATE: September 18, 2017 SUBJECT: CA Add Event Facilities Over the past year and a half, staff has received several inquiries from individuals wishing to establish an event venue and/or have weddings/events at their property as a business venture. Currently, the county s zoning ordinance does not specifically address these types of facilities either commercial or as associated with an existing residence. Based on the number and frequency of inquiries for event facilities, the Planning Commission felt that this code amendment should be addressed independently rather than wait for the comprehensive zoning re-write. As such, the Planning Commission has been actively discussing this code amendment since April of this year. Citizens provided comments on the potential code amendment at the May Planning Commission meeting and September Public Hearing. Staff researched ordinances from other localities both locally and regionally. Based on public comments and Planning Commission discussions, event venues are not proposed to be permitted in the SF-1 Single Family District. They are proposed by right in the B-1 General Business and B-2 Village Business districts and by Conditional Use Permit (CUP) in the B-4 Rural Business, C-2 Bayside Conservation, RC-1 Rural Countryside, RC-2 Rural Conservation, and SC-1 Suburban Countryside districts. Establishing provisions to allow event facilities conforms with the comprehensive plan s overall goals of preserving our historic recourses and rural character. Event facilities could also increase tourism related activity within the County and economic activity. The code amendment specifically defines the use, adds parking requirements, and establishes criteria for how and where they should be permitted within the County. The Planning Commission held a public hearing on the proposed amendment on September 7 th. Two people spoke in favor of the proposed code amendment although one speaker felt that the use should be included in the Single Family (SF-1) Zoning District so that she would be able to hold events at her property which is in the Single Family (SF-1) District. After some discussion, the Planning Commission voted 7-0 to forward this Code Amendment to the Board Page 114

9 as advertised (to not include the use in SF-1), with a recommendation of approval and the proposed ordinance is ready for the Board s review. Please let our department know if you have any questions or comments on the proposed amendment Page 115

10 EVENT VENUES CODE AMENDMENT PUBLIC HEARING Gloucester County Board of Supervisors Presentation November 8, 2017 Page 116 1

11 BACKGROUND Multiple inquiries Adapt to current trends in the market Recreation and amusement enterprises currently a catch all for these uses Supports Comprehensive Plan Goals Economic development Preservation of rural character and natural resources Protect historic resources Page 117 2

12 EVENT VENUES DEFINITIONS Event, commercial Event facility Page 118 3

13 EVENT VENUES DEFINITIONS Event, commercial A social, sporting, or charitable gathering open to the general public or invited guests held at a venue which is operated as a business pursuant to the definition in Chapter 10 of the Gloucester County Code. Typical events include, but are not limited to, weddings, performances, conferences, social, or other events. Excluded from this definition are events held by a property owner for their personal use and enjoyment, and events held for charitable purposes by a non-profit entity properly registered as a 501(c) organization with the Internal Revenue Service, both of which are not regulated by this ordinance. Commercial events Links commercial events to operation as a business (are held at a venue operated as a business) Excludes events held for personal and charitable purposes. Page 119 4

14 EVENT VENUES DEFINITIONS Business Gloucester County Code A course of dealing which requires the time, attention and labor of the person so engaged for the purpose of earning a livelihood or profit. It implies a continuous and regular course of dealing, rather than an irregular or isolated transaction. A person may be engaged in more than one (1) business. The following acts shall create a rebuttable presumption that a person is engaged in a business: (i) advertising or otherwise holding oneself out to the public as being engaged in a particular business or (ii) filing tax returns, schedules and documents that are required only of persons engaged in a trade or business. Highlights Rebuttable presumption items: i. Advertising or otherwise holding oneself out to the public as being engaged in a particular business, or ii. Filing tax returns or other documents required of persons engaged in a business. Page 120 5

15 EVENT VENUES DEFINITIONS Event facility A place of public assembly used for commercial events as defined herein. Page 121 6

16 EVENT VENUE DISTRICTS District Regulations Proposed Use Event facility Districts C-1 C-2 RC-1 RC-2 SC-1 SF-1 MF-1 MH-1 B-1 B-2 B-4 I-1 RMX CUP CUP CUP CUP P P CUP Page 122 7

17 CONDITIONAL USE PERMITS (CUP) Purpose: To provide for certain uses which, because of their unique characteristics or potential impacts, are not generally permitted but which may, under the right set of circumstances and conditions be acceptable in specific locations. Criteria: Compliance with zoning ordinance Not detrimental to public health and safety Not injurious to use and enjoyment of adjacent property Conforms to the character of the neighborhood Enhance the quality of the neighborhood (architecture) Public interest and welfare supporting the use outweighs the individual interests affected No loss or damage of significant ecological, scenic, archeological, or historic features Page 123 8

18 EVENT VENUE DISTRICTS Building Heights & Setbacks - By Right Districts Principle Building Accessory Building District Maximum Height Minimum Yard Setback Front Maximum Height Minimum Yard Setback Side Minimum Yard Setback Rear B B Page 124 9

19 SUPPLEMENTAL REGULATIONS Art. 9 - Supplemental District Regulations Art Off-Street Parking & Loading Facilities Art Signs (Adjustments addressed in Article 9) Chapter 11 - Noise Control Chapter Site Plans Fire and Emergency access Building and Fire Code Water/wastewater access and disposal Page

20 SUPPLEMENTAL REGULATIONS Art. 9 Supplemental District Regulations 1. Property shall have frontage on, or exclusive deeded access to, a state maintained road and be served by an entrance meeting the standards of the Virginia Department of Transportation. a) Applicant is responsible for providing adequate documentation confirming exclusive deeded access. b) A waiver may be granted with the written approval of all property owners who share access. A road maintenance agreement may be required by the Zoning Administrator prior to issuance of a zoning permit to establish the use. Highlights: Applicant is responsible for providing adequate documentation confirming access. Provides a waiver to exclusive access. Page

21 SUPPLEMENTAL REGULATIONS Art. 9 Supplemental District Regulations 2. Event facilities can be a principal or accessory use. Event facilities in a residential or agricultural district that are accessory to the site s principal use shall not substantially change the character of the primary use of the property. Highlights: If an accessory use: Shall not substantially change the character of the primary use. Page

22 SUPPLEMENTAL REGULATIONS Art. 9 Supplemental District Regs 3. All signs shall conform to the requirements in Article 12 - Signs Event facilities in agriculture and rural residential may utilize Section 12-7 (2) Nonresidential signs in residential districts. Highlights: Must conform to the sign ordinance Event facilities in C-2, RC-1, RC-2 or SC-1 may have signage per Sign Size C-2 RC-1 RC-2 SC-1 B-1 B-2 B-4 On-structure 4 SF 20 SF 20 SF 4 SF SF* SF* SF* Free standing 4 SF / 6 high Non-residential signs in residential districts** 40 SF / 6 high 20 SF / 10 high 40 SF / 6 high 20 SF / 10 high 40 SF / 6 high 4 SF / 6 high 40 SF / 6 high * Varies depending on road and building frontage **Currently applies only to churches, schools, libraries, museums, and parks SF* / 12 high SF* / 12 high 4 SF / 6 high Page

23 SUPPLEMENTAL REGULATIONS Art. 9 Supplemental District Regulations 4. Property, buildings, and/or structures shall comply with the provisions of this chapter and other ordinances of the county and any applicable laws of the state. It is the responsibility of the applicant to ensure compliance will all applicable laws relating to the operation of their business. Highlights: Ensures compliance with all ordinances. Page

24 SUPPLEMENTAL REGULATIONS Art. 9 Supplemental District Regulations 5. Possible conditions and limitations on approval which may include, but are not limited to: a. Hours of operation / event duration, b. Maximum number of attendees per function, c. Frequency and number of functions which may be held, d. Location and surface type for each access point and parking area, e. Increased setbacks, f. Buffering and screening along adjacent residential properties, g. Site lighting, h. Removal of temporary facilities, and i. Temporary and permanent water and wastewater access and disposal protocols acceptable to the Health Department. Highlights: List of possible conditions for consideration to protect public health, safety and welfare. Others may be added during the CUP process as deemed appropriate Page

25 SUPPLEMENTAL REGULATIONS Art. 11 Off-Street Parking & Loading Facilities 1 space per 4 fixed seating, plus 1 per 60 SF of assembly area without fixed seating, or 1 space for each 2.5 guests at maximum capacity Highlight: 1. Provides options for different situations. Page

26 SUPPLEMENTAL REGULATIONS Chapter 11 Noise Control (for reference only) 10 PM to 7 AM restrictions Any sound other than unamplified human conversation that can be plainly audible across residential property lines by a person using unaided hearing faculties Restrictions can be modified through the CUP process if indicated as a expressly approved by the county. Page

27 SUPPLEMENTAL REGULATIONS Chapter 15.5 Site Plans (for reference only ) Projects that include construction of any building or structure Exempt if: disturb <2,500 SF, and generate <25 additional vehicle trips per day Fire and Emergency access Any building or structure shall be reasonable accessibly to fire, police, emergency, and service vehicles Any building or structure erected or enlarged shall comply with the provisions of this chapter and other ordinances of the county and any applicable laws of the state. Building and Fire Code Chapter 5 Water/wastewater access and disposal Chapter 19 Page

28 EVENT FACILITY DISTRICTS By Right B-1 General Business B-2 Village Business Glenns CUP C-2 Bayside Conservation RC-1 Rural Countryside RC-2 Rural Conservation SC-1 Suburban Countryside Not Permitted C-1 Conservation I-1 Industrial MF-1 Multi-family SF-1 Single Family Gloucester Point Courthouse Page

29 PC ACTION SEPTEMBER 7, 2017 Forward to Board with a recommendation of approval with the following vote: Commissioner Yes No Abstain Absent James Gray Jim Harrison Doug Johnson Natalie Johnson Christopher Poulson Kenneth Richardson Louis Serio John Meyer Non-voting BOS liaison Page 135

30 END OF PRESENTATION Questions? Public Comments? November 8, 2017 Board of Supervisors Public Hearing Page

31 PUBLIC HEARING NOTICE Pursuant to the Code of Virginia, the Gloucester County Board of Supervisors will conduct a Public Hearing on Wednesday, November 8, 2017 beginning at 7:30 p.m. in the Colonial Courthouse, 6504 Main Street Gloucester, Virginia to consider the following: AN ORDINANCE TO AMEND APPENDIX B ZONING OF THE CODE OF GLOUCESTER COUNTY, VIRGINIA, BY AMENDING ARTICLE 2 DEFINITIONS, SECTION 2-2 DEFINITIONS; AMENDING ARTICLE 5 DISTRICT REGULATIONS, SECTION 5-2 OFFICIAL SCHEDULE OF DISTRICT REGULATIONS ADOPTED; AMENDING ARTICLE 9 SUPPLEMENTARY DISTRICT REGULATIONS BY ADDING SECTION 9-30 EVENT FACILITIES; AND AMENDING ARTICLE 11 OFF-STREET PARKING AND LOADING FACILITIES. The proposed changes to the zoning ordinance add event facilities as a specifically defined use and permits event facilities by-right in B-1 General Business and B-2 Village Business Districts, and by Conditional Use Permit (CUP) in C-2 Bayside Conservation, RC-1 Rural Countryside, RC-2 Rural Conservation, SC-1 Suburban Countryside, and B-4 Rural Business Districts. In addition, the proposed ordinance adds two new definitions related to event facilities and supplemental regulations for these facilities that address access, signage, and possible conditions and limitations on approval necessary for the protection of the public health, safety and welfare. The preceding is a summary, not the full text, of the Ordinance. It is not intended to be a comprehensive representation of all of the Ordinance provisions and does not substitute for the full text of the draft Ordinance, which is available for review at the Gloucester County Administrator s office at 6467 Main Street, Gloucester, Virginia, on the web at and at both branches of the Gloucester County Library - Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point Branch: 2354 York Crossing Drive, Hayes, Virginia. All interested parties are invited to attend the hearing to express their views. Persons requiring assistance to attend the hearing should contact the Gloucester County Administrator s office at (804) J. Brent Fedors, County Administrator Page 137