HomeMy WebLinkAboutHO201900014 Application 2019-04-1619 'V3 L
FOR OFFICE USE ONLY HO #
Fee Amount $ � i Date Paid t t l By who? A . � Receipt # /_Ck4_ jD ByT -%Vlt`'
Application -for Minor Home Occupation Clearance a
(Only for parcels in the Rural Areas Zoning District)
4inor Home Occupation Clearance = $27.00 + applicable fees
This application may require additional review by the Fire Marshal. Fees in addition to those shown on this application may be
required by the Fire Prevention Code Fee Schedule. A copy of the schedule is available from the Fire Marshal
Home Occupation, Minor: An occupation, not expressly prohibited by section 5.2A, conducted for profit within a dwelling
unit solely by one or more members of the family residing within the dwelling unit; provided that nothing herein prohibits the
occupation from engaging other persons who work off -site and do not come to the dwelling unit to engage in the occupation.
Applicant MUST HAVE the following information to apply:
1) Tax Map and Parcel Number (or Address) and a description of the Home Occupation.
2) A Floor Plan Sketch on the next page with the following:
a) The total square footage of the dwelling;
b) The square footage of area within the home being used for the occupation
(note this cannot be more than 25% of the gross square footage of the dwelling).
Name of Business: li'Yt�i 1✓r'�c c�
Type of Business: (�4 Tax map and parcel: Q(D -- CO— 00—QDZCIO
Contact Person (Who should we call/write concerning this project?): rly dt-"-" ems"
Address ' 1—A� p �jy� City t k0-1 ��.it_ State 114 Zip ZZ ,Z
Daytime Phone ( y oy>[[ ly�j/- SSA4, Fax # ( ) E-mail a,,e14,64gh [ grn
Owner of Recordyr1/1; ��` hL �Gt.rrt
Address r� City�u u �4r State �A Zip 2f02-
Daytime Phone eel- a T �y Fax E-mail
DESCRIPTION OF USE (if necessary, attach an additional sheet. Include information about the number of vehicles and
parking areas, hours of operation, etc.): n
Each minor home occupation authorized in the Rural Areas zoning district is subject to the following:
PLEASE CHECK EACH BOX SO THAT IT IS CLEAR THAT YOU HAVE READ
,,_, AND UNDERSTAND THE REQUIREMENTS FOR THIS CLEARANCE
L'� / LOCATION & AREA
The home occupation shall be conducted entirely within the dwelling unit, provided that not more than twenty-five (25)
percent of the gross floor area of the dwelling unit shall be used for the home occupation and further provided that the
gross floor area used for the home occupation shall not exceed one thousand five hundred (1500) square feet.
(Section 5.2A (b)]
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126
W
4/23/2018 Page 1 of 3
lJ EXTERIOR APPEARANCE
There shall be no change in the exterior appearance of a dwelling unit or other visible evidence of the conduct of the
home occupation. [Section 5.2A (c)]
C'J VISITORS & SALES
No customers, clients or students may visit for a purpose related to the home occupation. The sale of goods or the
provision of services by the home occupation to a customer, client or student at the site is prohibited.
�,[Section 5.2A (d)(2)]
E O/UTDOOR STORAGE
The storage of goods, products, equipment other than vehicles used in a home occupation, or any materials associated
with the home occupation, other than natural landscaping materials such as mulch and plants, outside of an enclosed
structure is prohibited. [Section 5.2A (g)]
9 NUMBER OF VEHICLES & PARKING
The number of vehicles that may be used in the home occupation shall not exceed two (2) motor vehicles and two (2)
trailers. All vehicles used in a home occupation shall be parked on -site. [Section 5.2A (i)] [Section 5.2A (f)]
C� NUMBER OF HOME OCCUPATIONS
More than one home occupation is permitted on a parcel, provided that the area occupied and by the home occupations
sh�al be considered cumulatively and all requirements of this section shall apply. [Section 5.2A (j)]
PERFORMANCE STANDARDS
The home occupation shall comply with the performance standards in section 4.14. [Section 5.2A (k)]
Does the use involve procedures, machinery or chemicals that may cause the following?
YES NO
NOISE
VIBRATION
GLARE
HEAT
AIR POLLUTION
WATER POLLUTION
r/
RADIOACTIVITY
ELECTRICAL DISTURBANCE
�
NON -DOMESTIC WASTE DISCHARGED TO A SEPTIC FIELD OR SEWER
If YES, then applicable standards must be addressed with a Certified Engineer's Report (available from staff).
PROHIBITED USES
(1) any use requiring a special use permit
under section 10.2.2
(2) animal rescue centers
(3) automobile graveyards
(4) restaurants
(5) storage yards
(6) gun sales, unless the guns are made
on -site by one or more family members
residing within the dwelling unit
(7) on -site pet grooming
(8) body shops
(9) equipment, trailers, vehicles or
machinery rentals
[Section 5.2A (1)]
(10) shooting ranges
(11) commercial stables
(12) rummage or garage sales other
than those determined by the zoning
administrator to be occasional
(13) veterinary clinics or hospitals
(14) pyrotechnic (fireworks or bomb)
device manufacturing or sale
(15) Any other use not expressly listed
that is determined by the zoning
administrator to be contrary to the
purpose and intent of section 5.2A.
Minor Home Occupation Clearance 4/23/201 S Page 2 of 3
WAIVERS OR MODIFICATIONS MAY BE SOUGHT ONLY FOR THE FOLLOWING:
AREA
The area requirements in section 5.2A(b) may be waived or modified, provided that the waiver or modification shall not
authorize the home occupation to occupy more than forty-nine (49) percent of the gross floor area of the dwelling. In granting
a waiver or modification of the area requirement, the commission shall make the following findings in addition to those
findings in section 5. 1: (1) the nature of the home occupation requires storage or additional space within the dwelling unit to
conduct the home occupation; (2) the primary use of the dwelling unit as a residence is maintained; and (3) the waiver or
modification would not change the character of the neighboring agricultural area or the residential neighborhood.
[Section 5.2A (m) (1)]
❑ NOTIFICATIONS & INSPECTIONS
Written notice that an application for a waiver or modification has been requested for a minor home
occupation has been submitted will be sent to the owner of each abutting parcel under different ownership
than the parcel on which the proposed home occupation would be located. The notice will identify the
proposed home occupation, its size, its location, and the request for a waiver or modification. The notice
shall invite the recipient to submit any comments before the zoning clearance is acted upon. The notice shall
be mailed at least five (5) days prior to the action on the zoning clearance as provided in section 32.4.2.5. In
addition, a public notice sign will posted on the property for the duration of the review.
[Section 5.2A (n)]
REVIEW PROCESS AND ADDITIONAL FEES
WITHOUT WAIVER REQUEST ($27)
WITH A SPECIAL EXCEPTION($27 + $457 + notice
fees
1. Submit Home Occupation application ($27).
1. Submit Home Occupation application and Waiver
2. Staff will review for completion and approve the
application ($27 + $457).
application if requirements have been met.
2. Staff will review for completion and mail abutting
owner notification (Fee varies based on number of
letters).
3. Staff will visit property to post public notice sign.
4. Staff will coordinate date of next available Planning
Commission meeting to process special exception
5. Staff will approve application if requirements have
been met and pick-up public notice si .
Owner/Applicant Must Read and Sign
I hereby apply for approval to conduct the Home Occupation identified above, and certify that this address is my legal
residence. I also certify that I have read the restrictions on Home Occupations, that I understand them, and that I will abide
by them.
Signature of Owner/Applicant Date
k✓ �a �' t of 3�4 - 5175
Print Name ytim phone number of Signatory
�j/ile fly
Revie e Date
ENGINEER'S REPORT ATTACHED: YES NO(
CONDITIONS:
Minor Home Occupation Clearance 4/23/2018 Page 3 of 3
CERTIFICATION THAT NOTICE OF THE
APPLICATION HAS BEEN PROVIDED TO THE LANDOWNER
This form must accompany zoning applications (Home Occupation, Zoning Clearance, Zoning
Administrator Determinations or Appeals, Sign Permits, Building Permits) if the application is not the
owner.
1 certify that notice of the application,
[County application name and number]
was provided to VII/, Il�n� ��t �ijuWj the owner of record of Tax Map
[name(s) of the record owners of the parcel]
and Parcel Number
manner identified below:
by delivering a copy of the application in the
Hand delivering a copy of the application toig,"'L.,/h
[Name of the record owner if the record owner is a
person; if the owner of record is an entity, identify the recipient of the record and the recipient's
title or office for that entity]
on / ��
Date
Mailing a copy of the application to
[Name of the record owner if the record owner is a person;
if the owner of record is an entity, identify the recipient of the record and the recipient's title or
office for that entity]
on
Date
to the following address:
[address; written notice mailed to the owner at the last known address of the owner as shown on
the current real estate tax assessment books or current real estate tax assessment records satisfies
this requirement].
Signature of Applican
">�
Print Applicant NarrieU
I/�%lg
Date
Virginia's New Home Kitchen Food Processing Exemptions
Food establishments, including private homes, that manufacture, process, pack or hold food for introduction into
commerce (sale) are subject to the Virginia Food Laws as well as all applicable regulations. These laws and regulations
are administered by the Virginia Department of Agriculture and Consumer Services (VDACS) and enforcement of these
requirements includes regular periodic inspections of food establishments (including private homes). Additionally,
establishments that are subject to periodic inspections are required to pay the agency an annual fee of $40.00.
On July 1, 2013 an amendment to § 3.2-5130 of the Code of Virginia went into effect that expanded the types of
prepared foods individuals can make and sell from their homes or at farmers markets without VDACS inspection
including certain low risk foods and acidified vegetables. This fact sheet addresses some frequently asked questions
and requirements relating to the new legislation. Information regarding the production of honey in the home is also
included. Please consult the Code of Virginia for specific requirements and if you have any questions contact the
VDACS Food Safety and Security Program by phone at 804-786-3520 or via email at foodsafety@vdacs.virginia.gov.
I. Home -Canned Foods (§ 3.2-5130, item A.4)
What types of home -canned products are allowed under this exemption?
• Pickles and other acidified vegetables processed in a private home so that an equilibrium pH of 4.6 or
lower is achieved.
• Acidified vegetable products include pickled products, salsa, chow -chow, relishes and similar vegetables
that are processed in a private home to achieve an equilibrium pH of 4.6 or lower.
What types of home -canned products are not allowed under this exemption?
• Canned fermented foods
• Canned foods that require refrigeration for safety
• Canned Acid foods
• Canned fruits
• Low -acid canned vegetables that are processed with an equilibrium pH of greater than 4.6
• Any acidified food that is not a vegetable
• Any product not canned in a private home
How much home -canned pickled and acidified vegetable product can I sell?
• Producers of acidified foods must not exceed $3,000 in total annual gross sales for all acidified products
produced. Producers should carefully document the amount of product sales incurred on an ongoing
basis so that the information will be available for examination by VDACS.
What special precautions do I need to take in making home -canned pickles and acidified vegetables under
this exemption?
• To reduce the likelihood of foodborne illness, home -canned acidified food must have an equilibrium pH
value of 4.6 or lower to inhibit the growth and formation of toxins from the bacteria that cause botulism.
In order to ensure that your product achieves the proper pH, an electronic pH meter should be
purchased so that you can test the product to make certain that it is at a pH of 4.6 or lower.
• The home food processor is responsible for determining whether the product is an acidified food. We
strongly advise that you have your manufacturing process reviewed and validated by a competent
process authority. Home processors are strongly encouraged to complete a recognized Better Process
Control School course. Information regarding times and locations for these courses can be obtained
from Virginia Tech's Food Science Department(see helpful links below).
What are the labeling requirements for home -canned pickles and acidified vegetables?
Product containers should have a a label displaying the name, physical address, and telephone number of the
person preparing the food product and the date the food product was processed.
The statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE INSPECTION"
must be placed on the principal display panel.
In addition, this exemption does not preclude the need for standard labeling information on the product label
(name of product, name and address of the manufacturer, distributor, or packer, net weight statement, an
ingredient statement and nutritional information if applicable).
Where can I sell these products?
Page 1 of 4
• Farmers markets
• From the private home where the product is manufactured
Who can I sell them to?
• To an individual for his/her own consumption
Where can't I sell these products?
• To other businesses (including retail establishments such as grocery stores or supermarkets)
• For resale
• On the internet
• Across state lines (interstate commerce)
Am I required to pay the annual $40.00 fee to the agency?
• No. Although you are still required to comply with all applicable laws and regulations, since you are
exempt from the agency's periodic inspections, you will no longer be required to pay the annual fee. If
you receive a bill from VDACS requesting that you pay the annual fee, please contact our agency at
804-786-3520 or foodsafety@vdacs.virginia.gov so that the matter can be resolved.
Additional Information Regarding pH
What is pH?
pH is a measurement of acidity or alkalinity using a numerical scale between 1 and 14. A pH value of 1 is most acidic, a
pH value of 7 is neutral and values above 7 are referred to as basic or alkaline.
How is pH measured?
• Electronic pH meters are very accurate and pocket sized units are available for around $100.
• Paper strips are NOT accurate enough to measure acidity of home -canned and home -processed foods.
What is equilibrium pH?
• The pH of a food product after the food acid (e.g. vinegar) is distributed equally throughout the product.
• For example, the initial pH of the pickled cucumber that has been recently canned, will not be the same
a few weeks later. It takes time for the vinegar (which is acid) to penetrate and distribute into the
cucumbers. Therefore, testing the pH of only the brine (liquid) portion of a recently canned and
processed product is not accurate.
How do you determine a product's equilibrium pH?
• For foods canned and processed less than 2 months: Food sample need to be finely ground in a blender
prior to pH testing.
• For foods with a process date greater than 2 months: pH may be taken of the brine only since all
contents of the canned product should be in equilibrium.
Who can test for pH?
• The person that processed the food as long as they are capable of performing an accurate pH test.
• When testing, follow the same recipe and procedures for each batch of food to be tested.
• A separate pH test is required for each different product offered for sale under this exemption
• Private laboratories
• Universities
Examples of pH for different foods
• Dill pickles (pH 2.6-3.8)
• Tomatoes (pH 3.7-4.9)
• Distilled water (pH 7)
• Garlic (pH 5.3-6.3)
Page 2 of 4
II. Low Risk Foods (§ 3.2-5130, item A.3)
What types of home -processed low risk food products are allowed under this exemption?
• The original exemption included candies, jams and jellies not considered to be low -acid or acidified low -
acid products and baked goods that do not require time or temperature control for safety and are
produced in a private home.
• The expanded exemption includes the following additional products produced in a private home: dried
fruits, dry herbs, dry seasonings, dry mixtures, coated and uncoated nuts, vinegars and flavored
vinegars, popcorn, popcorn balls, cotton candy, dried pasta, dry baking mixes, roasted coffee, dried
tea, cereals, trail mixes and granola.
What are the labeling requirements for food products in the low risk foods category?
• Product containers should have a label displaying the name, physical address, and telephone number
of the person preparing the food product and the date the food product was processed.
• The statement "NOT FOR RESALE — PROCESSED AND PREPARED WITHOUT STATE
INSPECTION" must be placed on the principal display panel.
• In addition, this exemption does not preclude the need for standard labeling information on the product
label (name of product, name and address of the manufacturer, distributor, or packer, net weight
statement, an ingredient statement and possibly nutritional information).
Where can I sell these products and who can I sell them to?
• Farmers markets
• From the private home where the product is manufactured
• To an individual for his/her own consumption
Where can't I sell these products?
• To other businesses (including retail establishments such as grocery stores)
• For resale
• On the internet
• Across state lines (interstate commerce)
Am I required to pay the annual $40.00 fee to the agency?
No. Although you are still required to comply with all applicable laws and regulations, since you are
exempt from the agency's periodic inspections, you will no longer be required to pay the annual fee. If
you receive a bill from VDACS requesting that you pay the annual fee, please contact our agency at
804-786-3520 or foodsafety@vdacs.virginia.gov so that the matter can be resolved.
Ill. Honey Processing (§ 3.2-5130, item A.5)
What is the criteria for the exemption?
• Private homes where the resident processes and prepares pure honey produced by his own hives
• The resident sells less than 250 gallons of honey annually.
• The resident does not process and sell other food products in addition to the honey, except as allowed above
(ie: low risk foods and acidified foods).
What types of home -processed honey products are NOT allowed?
• Infused honey products would not fall under the exemption as it is considered to be value-added honey
product, not pure honey.
Page 3 of 4
What are the labeling requirements for home -processed honey?
• The product is labeled "PROCESSED AND PREPARED WITHOUT STATE INSPECTION. WARNING:
Do Not Feed Honey to Infants Under One Year Old."
• In addition, this exemption does not preclude the need for standard labeling information on the product
label (name of product, name and address of the manufacturer, distributor, or packer, net weight
statement, an ingredient statement and possibly nutritional information).
Where can I sell these products and who can I sell them to?
• Currently there are not restrictions regarding where the products can be sold and who they may be sold
to.
Is there still a requirement to provide an annual certification to the Department regarding compliance
with the requirements of § 3.2-5130, item A.5?
• No. There is no longer a requirement to provide an annual certification.
Am I required to pay the annual $40.00 fee to the agency?
• No. Although you are still required to comply with all applicable laws and regulations, since you are
exempt from the agency's periodic inspections, you will no longer be required to pay the annual fee. If
you receive a bill from VDACS requesting that you pay the annual fee, please contact our agency at
804-786-3520 or foodsafety@vdacs.virginia.gov so that the matter can be resolved.
Helpful Links
Assistance with acidified vegetable processing from Virginia Tech:
• http://www.fcs.ext.vt.edu/fnh/food-innovations/sample/index.html
Virginia Tech link for information regarding Better Process School:
• http://www.fcs.ext.vt.edu/fnh/food-innovations/business/index.html
Home Canning information:
• http://extension.usu.edu/htm/publications/by=category/category=319
• USDA Complete Guide to Home Canning (PDF: 275 KB / 23 pages)
If you have questions or concerns please contact the VDACS Food Safety and Security Program at:
Phone: 804-786-3520
Email: FoodSafety@vdacs.virginia.gov
Page 4 of 4