Albemarle planning commission backs special-exception route to allow taller industrial buildings

The Albemarle County Planning Commission on Sept. 9 voted to recommend a text amendment to Section 26-4 to allow structures in industrial districts to exceed the current 65-foot height limit when authorized by a special exception.

Planning Director Michael Barnes told the commission the present ordinance, dating from the 1980s, lacks an administrative pathway to permit taller industrial buildings without a rezoning or a difficult variance from the Board of Zoning Appeals. He said many modern industrial uses need higher clearances and that the proposed change adds language allowing height increases by special exception while retaining the existing 65-foot limit as the by-right maximum.

“The current ordinance has no administrative process to increase building heights for industrial districts,” Barnes said. He explained that variances typically require proof of hardship and that rezoning to a planned district can be lengthy, making the special-exception route a more practical option for applicants seeking taller industrial buildings.

Deputy Director of Community Development Mark Svoboda and staff said the change would not automatically grant taller buildings; applicants would still need to apply for and obtain a special exception, which provides an opportunity for site review and for the commission and board to evaluate visual and safety impacts. Staff also testified that Fire & Rescue had been consulted and raised no objections to a modest increase in allowable height, given modern building codes and fire protection standards.

Commissioners questioned the ordinance’s stepback requirement that applies above 40 feet on industrial front setbacks. Commissioner Firehawk and others noted that industrial pads typically already provide large buffers from property lines, so the stepback may not create a discernible human-scale benefit in industrial settings. Barnes said staff had not proposed removing the stepback in this amendment but would consider the commission’s comments during further work on a comprehensive zoning modernization.

After discussion, a motion to recommend adoption of the proposed change to Section 26-4 — adding the phrase that structures may exceed 65 feet as authorized by special exception — carried on a roll call vote: Miss Firehawk, Mr. Missal, Mr. Claiborne, Mr. Murray, Mr. Vivint, and Mr. Moore voted aye. No opposing votes were recorded on the transcript; the motion passed.

The commission’s recommendation will move to the Board of Supervisors for final action. If approved by the board, applicants proposing taller industrial structures would still be subject to review and conditions through the special-exception process, including considerations of appearance, setback, safety, and any required mitigation.