Land uses that should be excluded from the Mountain Overlay District
1/25/2023
The current draft of the Loudoun County zoning ordinance (January 2023) allows all land uses permitted in zoning districts AR-1 and AR-2 to be built in the Mountain Overlay District (MOD). Friends of the Blue Ridge Mountains and other conservation organizations have identified fifteen (15) land uses that are too intense for the thin soils, steep slopes and biodiverse mountain ecosystem and should be prohibited within the MOD.
Friends and its allies insist on totally prohibiting certain uses in the MOD because the impact of development is cumulative and the zoning ordinance does not allow for consideration of the cumulative impact. If a use is permitted in the MOD –rural retreat, sit down restaurant, or sawmill for example – all of which are permitted in both AR-1 and AR-2 — the county cannot legally limit the number of such facilities. It must permit all applicants that comply with the various regulations. Theoretically the zoning code would permit 50 rural retreats. While each must comply with all zoning regulations the cumulative impact would be catastrophic and the County has no legal mechanism to consider the cumulative impact.
| Uses permitted in
AR-1 and/or AR-2 |
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FBRM COMMENTS |
| RURAL RESORT | A Rural Resort should not be a permitted use in the MOD. The MOD environment is too fragile to accommodate the parking and traffic requirements as well as the intensity of use associated with a rural resort. In addition, the noise and lighting associated with a rural resort are a danger to wildlife and inappropriate to the mountain ecosystem.
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| RESTAURANT – SIT DOWN | A sit-down restaurant should not be a permitted use in the MOD. The MOD environment cannot accommodate the traffic and parking associated with a sit- down restaurant. In addition, the noise and lighting associated with a sit-down restaurant are a danger to wildlife and inappropriate to the mountain ecosystem.
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| SNACK OR BEVERAGE BAR | A snack or beverage bar should not be a permitted use in MOD. The MOD environment cannot accommodate the amount of traffic, parking and trash associated with a snack or beverage bar. In addition, the noise and lighting associated with a snack or beverage bar are a danger to wildlife and inappropriate to the mountain ecosystem.
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| PERSONAL/BUSINESS SERVICES | Personal/business services should not be a permitted use in the MOD because the MOD environment cannot accommodate the traffic and parking associated with personal/business services.
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| RETAIL | Retail should not be a permitted use in the MOD because the MOD environment cannot accommodate the traffic and parking associated with retail. In addition, the noise and lighting associated with retail are a danger to wildlife and inappropriate to the mountain ecosystem.
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| ASSEMBLY | Assembly uses should not be permitted in the MOD because the MOD environment cannot accommodate the traffic and parking associated with Assembly. In addition, the noise and lighting associated with assembly are a danger to wildlife and inappropriate to the mountain ecosystem.
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| RURAL RETREAT | Rural Retreat should not be permitted in the MOD. The MOD environment is too fragile to accommodate the parking and traffic requirements as well as the intensity of use associated with a rural resort. In addition, the noise and lighting associated with a rural retreat are a danger to wildlife and inappropriate to the mountain ecosystem.
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| LIMITED BREWERY | New limited breweries should not be permitted in the MOD because the MOD environment cannot accommodate the traffic and parking associated with a brewery. In addition, the noise and lighting associated with assembly are a danger to wildlife and inappropriate to the mountain ecosystem.
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| AGRICULTURAL CULTURAL CENTER | Agricultural cultural center should not be permitted By Right in the MOD. The definition of an Agricultural Cultural Center does not include any reference to scale or intensity. The MOD environment is too fragile to accommodate the parking and traffic requirements as well as the intensity of use associated with a rural resort. In addition, the noise and lighting associated with an agricultural cultural center are a danger to wildlife and inappropriate to the mountain ecosystem.
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| AGRITAINMENT | Agritainment should not be permitted in the MOD. The definition of an Agritainment facility does not include any reference to scale or intensity. In addition, the noise and lighting associated with agritainment are a danger to wildlife and inappropriate to the mountain ecosystem.
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| AMPHITHEATER | Amphitheater should not be a permitted use in the MOD. The MOD environment cannot accommodate the traffic, parking, noise, and lighting associated with an amphitheater. In addition, the noise and lighting associated with an amphitheater are a danger to wildlife and inappropriate to the mountain ecosystem.
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| CULTURAL TOURISM | Cultural Tourism should not be a permitted use in the MOD. The MOD environment cannot accommodate the traffic and parking associated with cultural tourism. The definition of a Cultural tourism facility does not include any reference to scale or intensity.
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| SAWMILL | A sawmill should not be a permitted use in the MOD. The MOD environment cannot accommodate the noise, traffic, parking, and waste product associated with a sawmill. In addition, the noise and lighting associated with a sawmill are a danger to wildlife and inappropriate to the mountain ecosystem.
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| TRANSPORTATION PARKING | Transportation parking uses should not be permitted in the MOD. The MOD environment cannot accommodate the intensity of use associated with transportation parking. In addition, the noise and lighting associated with a transportation parking are a danger to wildlife and inappropriate to the mountain ecosystem.
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| COMMUNICATIONS FACILITIES | Communication facilities should not be a permitted use on the ridge line. This is current County policy and currently a county zoning restriction. The policy and restriction should be maintained in any amendment to the County zoning ordinance.
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In addition to uses that should be totally prohibited in the MOD, FBRM has identified four (4) uses permitted in AR-1 and/or AR-2 that have a high potential for seriously damaging the mountain ecosystem and should be permitted only with rigid mountain specific performance standards.
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| AGRICULTURE | Agriculture, farm distribution hub, winery, commercial and winery, Virginia farm should not be allowed By Right in the MOD. Each of these uses has the potential to negatively impact the thin soils, steep slopes, and delicate MOD environment in a significant way because of associated traffic, parking, noise, lighting, and waste product. Each use should be permitted in the MOD only in compliance with rigid standards protecting the MOD environment.
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| HOUSEHOLD LIVING
GROUP LIVING LODGING |
The negative impact of residential uses in the MOD is directly related to density. FBRM proposes that residential uses, regardless of the specific type of dwelling, should be limited to no more than one structure per 10 acres.
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| WINERY – COMMERCIAL | A commercial winery should not be permitted By Right in the MOD and should only be permitted if in compliance with rigid performance standards regarding traffic generated, parking, noise, lighting, and waste disposal.
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| AGRICULTURAL EDUCATION OR RESEARCH | Agricultural education or research should not be permitted By Right in the MOD. The use should be permitted only in compliance with rigid performance standards regarding traffic generated, parking, noise, and lighting. The definition of an Agricultural Education or Research facility does not include any reference to scale or intensity. |
| The list of uses permitted in AR-1 and/or AR-2 is taken from table 3.02.03-2 of the 1/9/2023 draft of the zoning ordinance. |
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