Board of Supervisors Meeting Date:


Harry F. Atherton, Chairman, Marshall District Supervisor


March  15, 2004

Staff Lead:



Kimberley Johnson, Zoning Administrator


Community Development



Zoning Ordinance Text Amendment to Modify the Commercial Village/CV Zoning District Regulations to Require Special Permit Approval for Convenience Store and Auto Service Station Uses


Topic Description: 


Currently, both an “Auto Service Station” use (Section 3-314.4) and a “Convenience Store Use” (Section 3-312.10) are permitted by-right, with a site plan, in the CV/Commercial Village zoning district.  The proposed text amendment modifies the Zoning Ordinance to require a special permit for each use, in addition to the site plan.  


Requested Action of the Board of Supervisors: 


Hold a public hearing on the proposed text amendment and consider adoption of the attached Ordinance.


Financial Impact Analysis:

No financial analysis was conducted for this proposed amendment.


Summary Staff Report:


According to the Zoning Ordinance, the “Commercial Village” district is designed to allow commercial activities appropriate to the needs of the villages, recognizing the service functions of such communities. Generally, the uses permitted in the Commercial Village district are smaller in scale and intensity and/or agriculturally related.  “Auto Service Stations” and “Convenience Stores” are two uses permitted in the Commercial Village district which tend to be auto-related.


A “Convenience Store” is defined in the Zoning Ordinance as a store offering for sale groceries and other articles normally found in grocery stores, with a limit of 3000 square feet of area.  An “Auto Service Station” is defined as a business where the primary use is the sale of gas, oil and related vehicular items.  Up to three service bays and sales of convenience items are allowed under the “Auto Service Station” use. 


Because these two auto-related uses typically have relatively large amounts of parking and pavement associated with them, and constant turn-over in vehicular traffic, they create potentially significant traffic impacts and may be incompatible with surrounding uses, affecting property values.


The proposed text amendment adds a requirement that a special use permit be approved by the Board of Zoning Appeals for “Convenience Stores” and “Auto Service Stations” in the Commercial Village zoning district.  The zoning ordinance utilizes the special permit process for uses which may have an undue impact upon or be incompatible with other uses of land within a given district.  The special permit process allows the Board of Zoning Appeals to ensure that such uses are only located at appropriate locations within districts, and with controls and limitations that mitigate potential impacts.   


The Planning Commission considered the proposed text amendment at their February 19, 2004 meeting and unanimously recommended that the amendment be forwarded to the Board of Supervisors for approval.   The Planning Commission considered whether to add additional standards for the two uses, but concluded that the existing general special permit standards are sufficient to allow the BZA to assess and consider traffic impacts and building location, design, screening and other buffering requirements.


Identify any other Departments, Organizations or Individuals that would be affected by this request:

Board of Supervisors

Economic Development Office