HomeMy WebLinkAboutLOD202200001 Action Letter 2022-01-28��peatg 401 McIntire Road, North Wing
County of Albemarle Charlottesville, VA 22902-4579
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m COMMUNITY DEVELOPMENT DEPARTMENT WWW.ALBEMARLE.ORG
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January 28, 2021
Stuart Canvile
2072 White Hall Road
Crozet, VA 22932
RE: LOD2022-00001 — Determination regarding various complaints regarding noise from agricultural activities at Henley
Orchard (Tax Map 40 Parcel 9).
Dear Mr. Carwile:
This letter responds to your multiple complaints regarding noise from agricultural activities at Henley Orchard.
In response to multiple complaints and per County Code Section 7-106 and Zoning Ordinance Section 4.18.05, the
following determination is made regarding noise from agricultural activities at Henley Orchard. The County Code and
Zoning Ordinance do regulate certain types of noise. l have included a copy of the regulations which would need to meet
the applicable standards (County Code Chapter 7, Article 1, Noise and Chapter 18 Zoning, Section 4.18 Noise).
An agricultural activity as defined in the Albemarle County Zoning Ordinance Section 3.1 is as follows:
Zoning Ordinance Section 3.1
"Agricultural activity" means the bona fide production or harvesting of agricultural products as defined in section
3.2-6400 of the Code of Virginia including tilling soil for raising crops; operating agricultural industries or
businesses, including, but not limited to, orchards, fruit packing plants, dairies, nurseries, farm sales, farm
stands and farmers' markets; or any combination of the foregoing activities but does not include the above
ground application or storage of sewage sludge, or the storage or disposal of non-agricultural excavation
material, waste and debris if the excavation material, waste and debris are not generated on the farm, subject
to the provisions of the Virginia Waste Management Act.
The sounds identified at the Henley Orchard are sounds that arise from an agricultural activity. They include but are not
limited to; sounds from a chiller fan, farm equipment, fruit processing equipment, and other certain types of noise listed in
County Code Chapter 7, Article 1, Noise and Chapter 18 Zoning, Section 4.18 Noise. Sounds that are produced by an
agricultural activity are exempt per County Code Section 7-106 and Zoning Ordinance Section 4.18.05 (see below).
County Code Section 7-106 - Exempt sounds.
The following sounds are not prohibited by this article:
Agricultural activities. Sound produced by an agricultural activity.
Zoning Ordinance Section 4.18.05 - Exempt sounds.
The following sounds shall not be subject to this section 4.18:
Agricultural activities. Sound produced by an agricultural activity.
The Code of Virginia sections § 15.2-2288.6. Agricultural operations; local regulation of certain activities, § 3.2-300.
Definitions and § 3.2-6400. Definitions have been included with this determination for your reference.
It has been determined that sounds that arise from the agricultural activities at Henley Orchard are exempt sounds.
These sounds include but are not limited to; sounds from a chiller fan, farm equipment, fruit processing equipment, and
certain other types of noise as listed in County Code Chapter 7, Article 1, Noise and Chapter 18 Zoning, Section 4.18
Noise.
You have a right to appeal this determination within thirty (30) days of this notice, in accordance with Virginia Code § 15.2-
2311. This determination shall be final and unappealable if not appealed within 30 days.
January 28, 2022
LOD2022-00001
Page 2
An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning
Appeals, in accordance with Albemarle County Code § 18-34.3, along with a fee of $295.36. This fee includes the $284
application fee and the 4% Technology surcharge of $11.36. Additionally, a separate fee of $448 is required for the cost
of providing notice and advertising the appeal for a public hearing.
Applications for Appeal of the Zoning Administrator's Determination are available at the Community Development
Department office located at 401 McIntire Road, Charlottesville, Virginia 22902 or online HERE
https://www.aIbemarle.org/government/c ommunits-development/apply-for/letter-of-determination-or-zoning-compliance.
This form applies to the appeal of a decision of the Zoning Administrator or any other administrative officer pertaining to
the Zoning Ordinance.
Regulations pertaining to filing an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the
Zoning Ordinance and may be reviewed HERE.
https://library. municode.com/va/albemarle_County/codes/code_of_ordinances?nodeld=CH 18ZO_ARTIVPR_S34BOZOAP
S34.3APORREDEDEBOZOAP
Sincerely,
Bart J. Svoboda
Zoning Administrator
County of Albemarle, Virginia
CC: Attachments:
Henley Orchards, 2192 Holly Hill Farm, Crozet, VA 22932, CoVA 15.2-2288.6
Supervisor Ann Mallek, White Hall District, CoVA 3.2-6400
Captain Darrell Byers, Operational Support Division Commander ACPD CoVA 3.2-300
Zoning Ordinance Section 3.1 - Definitions.
Agricultural activity. "Agricultural activity" means the bona fide production or harvesting of agricultural products as
defined in section 3.2-6400 of the Code of Virginia including tilling soil for raising crops; operating agricultural industries
or businesses, including, but not limited to, orchards, fruit packing plants, dairies, nurseries, farm sales, farm stands
and farmers' markets; or any combination of the foregoing activities but does not include the above ground application
or storage of sewage sludge, or the storage or disposal of non-agricultural excavation material, waste and debris if the
excavation material, waste and debris are not generated on the farm, subject to the provisions of the Virginia Waste
Management Act.
Agricultural operation. "Agricultural operation" means any operation devoted to the bona fide production of crops, or
animals, or fowl, including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts,
tobacco, nursery, and floral products; and the production and harvest of products from silviculture activity. This term
includes aquaculture and plant nurseries.
Agriculture. "Agriculture" means an agricultural operation, the keeping of livestock or poultry, or both, regardless of
whether the keeping of livestock or poultry qualifies as an agricultural operation. The term includes accessory
processing facilities for agricultural products grown or raised solely on the farm on which the agriculture is located, such
as fruit packing plants and dairies. The term does not include any processing facilities permitted only by special use
permit.
County Code Section 7-106 - Exempt sounds.
The following sounds are not prohibited by this article:
Agricultural activities. Sound produced by an agricultural activity.
Zoning Ordinance Section 4.18.05 - Exempt sounds.
The following sounds shall not be subject to this section 4.18:
Agricultural activities. Sound produced by an agricultural activity.
Code of Virginia
Title 15.2. Counties, Cities and Towns
Subtitle II. Powers of Local Government
Chapter 22. Planning, Subdivision of Land and Zoning
Article 7. Zoning
§ 15.2-2288.6. Agricultural operations; local regulation of
certain activities
A. No locality shall regulate the carrying out of any of the following activities at an agricultural
operation, as defined in § 3.2-300, unless there is a substantial impact on the health, safety, or
general welfare of the public:
1. Agritourism activities as defined in § 3.2-6400;
2. The sale of agricultural or silvicultural products, or the sale of agricultural -related or
silvicultural-related items incidental to the agricultural operation;
3. The preparation, processing, or sale of food products in compliance with subdivisions A 3, 4,
and 5 of § 3.2-5130 or related state laws and regulations; or
4.Other activities or events that are usual and customary at Virginia agricultural operations.
Any local restriction placed on an activity listed in this subsection shall be reasonable and shall
take into account the economic impact of the restriction on the agricultural operation and the
agricultural nature of the activity.
B. No locality shall require a special exception, administrative permit not required by state law,
or special use permit for any activity listed in subsection A on property that is zoned as an
agricultural district or classification unless there is a substantial impact on the health, safety, or
general welfare of the public.
C. Except regarding the sound generated by outdoor amplified music, no local ordinance
regulating the sound generated by any activity listed in subsection A shall be more restrictive
than the general noise ordinance of the locality. In permitting outdoor amplified music at an
agricultural operation, the locality shall consider the effect on adjoining property owners and
nearby residents.
D. The provisions of this section shall not affect any entity licensed in accordance with Chapter 2
(§ 4.1-200 et seq.) of Title 4.1. Nothing in this section shall be construed to affect the provisions
of Chapter 3 (§ 3.2-300 et seq.) of Title 3.2, to alter the provisions of § 15.2-2288.3, or to restrict
the authority of any locality under Title 58.1.
2014, cc. 153, 494.
The chapters of the acts of assembly referenced in the historical citation at the end of this
section(s) may not constitute a comprehensive list of such chapters and may exclude chapters
whose provisions have expired.
1/28/2022 12:00:00
Code of Virginia
Title 3.2. Agriculture, Animal Care, and Food
Subtitle V. Domestic Animals
Chapter 64. Agritourism Activity Liability
§ 3.2-6400. Definitions
As used in this chapter, unless the context requires a different meaning:
"Agricultural products" means any livestock, aquaculture, poultry, horticultural, floricultural,
viticulture, silvicultural, or other farm crops.
"Agritourism activity" means any activity carried out on a farm or ranch that allows members of
the general public, for recreational, entertainment, or educational purposes, to view or enjoy
rural activities, including farming, wineries, ranching, horseback riding, historical, cultural,
harvest -your -own activities, or natural activities and attractions. An activity is an agritourism
activity whether or not the participant paid to participate in the activity.
"Agritourism professional" means any person who is engaged in the business of providing one or
more agritourism activities, whether or not for compensation.
"Farm or ranch" means one or more areas of land used for the production, cultivation, growing,
harvesting or processing of agricultural products.
"Inherent risks of agritourism activity" mean those dangers or conditions that are an integral part
of an agritourism activity including certain hazards, including surface and subsurface conditions;
natural conditions of land, vegetation, and waters; the behavior of wild or domestic animals; and
ordinary dangers of structures or equipment ordinarily used in farming and ranching operations.
Inherent risks of agritourism activity also include the potential of a participant to act in a
negligent manner that may contribute to injury to the participant or others, including failing to
follow instructions given by the agritourism professional or failing to exercise reasonable caution
while engaging in the agritourism activity.
"Participant" means any person, other than an agritourism professional, who engages in an
agritourism activity.
2006, c. 710, § 3.1-796.137; 2008, c. 860;2020, c. 411.
The chapters of the acts of assembly referenced in the historical citation at the end of this
section(s) may not constitute a comprehensive list of such chapters and may exclude chapters
whose provisions have expired.
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Code of Virginia
Title 3.2. Agriculture, Animal Care, and Food
Subtitle I. General Provisions; Protection and Promotion of Agriculture
Chapter 3. Right to Farm
§ 3.2-300. Definitions
As used in this chapter, unless the context requires a different meaning:
"Agricultural operation" means any operation devoted to the bona fide production of crops, or
animals, or fowl including the production of fruits and vegetables of all kinds; meat, dairy, and
poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of
products from silviculture activity.
"Production agriculture and silviculture" means the bona fide production or harvesting of
agricultural or silvicultural products but shall not include the processing of agricultural or
silvicultural products or the above ground application or storage of sewage sludge.
1981, c. 384, §§ 3.1-22.28, 3.1-22.29; 1991, c. 293; 1994, c. 779;2007, c. 444;2008, c. 860.
The chapters of the acts of assembly referenced in the historical citation at the end of this
section(s) may not constitute a comprehensive list of such chapters and may exclude chapters
whose provisions have expired.
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