HomeMy WebLinkAboutSP200800021 Review Comments Special Use Permit 2008-07-02COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4012
June 27, 2006
Donald E. Wyatt
1814 Clay Drive
Crozet, VA 22932
RE: SP -2008-021 Co -Construct, Home Occupation, Class B
Dear Mr. Wyatt:
Thank you for your application for a Special Use Permit for a Home Occupation, Class B, to
allow operation of an internet-based business with up to two employees in your home at
1918 Clay Drive, Crozet, Virginia.
Staff has reviewed your application and visited the site and has the following comments:
1. There is sufficient parking for this use as there are two parking spaces in the
driveway and two in the garage. Please be aware that all employee parking must be
offstreet.
2. Home Occupations must meet the regulations in Section 5.2.2.1 of the County's
Zoning Ordinance. These regulations address the amount of space the Home
Occupation may occupy within the home, the expected traffic impacts, and other
matters. A copy of these regulations is attached. From your e-mail message I
understand that your home occupation will use approximately 500 square feet
(approximately 17%) of your house, which is in keeping with the regulations.
3. All Home Occupations must also comply with Section 4.14, which includes
performance standards governing noise, vibration, glare, air pollution, water
pollution, radioactivity, and electrical interference. A certified engineer's report will
be required before a zoning clearance can be issued. A copy of Section 4.14 is also
attached.
Staff can recommend approval of your special use permit. We will also be recommending
conditions, as listed below. These conditions have not yet been reviewed by the County
Attorney, so they may change. As soon as the staff report on your Special Use Permit is
complete, a copy with the conditions, as revised, will be mailed to you so you will have an
opportunity to review it prior to the Planning Commission's public hearing.
Draft Conditions
1. This Home Occupation is for office use only.
2. The number of employees shall not exceed two (2) nonfamily members, who are not
residing at 1814 Clay Drive, Crozet, Virginia.
We can schedule your Planning Commission public hearing for August 5, 2008. Please call
me as soon as possible if you wish to have the Commission hear your request on that date.
Co -Construct, Mr. Donald E. Wyatt, June 27, 2008
2
If you have any other questions or would like any additional information, please contact me
at (434) 296-5832, X. 3438, or e-mail me at: jwiegand@albemarle.org
Sincerely,
Judith C. Wiegand, AICP
Senior Planner
Cc: Ron Higgins, Zoning
Co -Construct, Mr. Donald E. Wyatt, June 27, 2008
5.2 HOME OCCUPATIONS
5.2.1 CLEARANCE OF ZONING ADMINISTRATOR REQUIRED
Except as herein provided, no home occupation shall be established without approval of the
zoning administrator. Upon receipt of a request to establish a home occupation, Class B, the
zoning administrator shall refer the same to the Virginia Department of Highways and
Transportation for approval of entrance facilities and the zoning administrator shall determine the
adequacy of existing parking for such use. No such clearance shall be issued for any home
occupation, Class B, except after compliance with section 5.2.3 hereof. (Amended 3-18-81)
5.2.2 REGULATIONS GOVERNING HOME OCCUPATIONS
5.2.2.1 The following regulations shall apply to any home occupation:
a. Such occupation may be conducted either within the dwelling or an accessory structure, or
both, provided that not more than twenty- five (25) percent of the floor area of the dwelling
shall be used in the conduct of the home occupation and in no event shall the total floor area
of the dwelling, accessory structure, or both, devoted to such occupation, exceed one thousand
five hundred (1,500) square feet; provided that the use of accessory structures shall be
permitted only in connection with home occupation, Class B;
b. There shall be no change in the outside appearance of the buildings or premises, or other
visible evidence of the conduct of such home occupation provided that a home occupation,
Class B, may erect one home occupation Class B sign as authorized by section 4.15 of this
chapter. Accessory structures shall be similar in facade to a single-family dwelling, private
garage, shed, barn or other structure normally expected in a rural or residential area and shall
be specifically compatible in design and scale with other development in the area in which
located. Any accessory structure which does not conform to the setback and yard regulations
for main structures in the district in which it is located shall not be used for any home
occupation;
c. There shall be no sales on the premises, other than items hand crafted on the premises, in
connection with such home occupation; this does not exclude beauty shops or one -chair
barbershops;
d. No traffic shall be generated by such home occupation in greater volumes than would
normally be expected in a residential neighborhood, and any need for parking generated by
the conduct of such home occupation shall be met off the street;
e. All home occupations shall comply with performance standards set forth in section 4.14;
f. Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall
not be deemed home occupations.
5.2.2.2 Prior to issuance of clearance for any home occupation, the zoning administrator shall require the
applicant to sign an affidavit stating his clear understanding of and intent to abide by the foregoing
regulations.
(12-10-80, § 5.2.2; Ord. 01-18(3), 5-9-01)
5.2.3 CERTAIN PERMITS REQUIRED
No home occupation, Class B, shall be established until a permit shall have been issued therefor.
The provisions of section 5.2.1 of this ordinance shall apply hereto, mutatis mutandis.
4.14 PERFORMANCE STANDARDS
No use shall hereafter be established or conducted in any industrial district in any manner in
violation of the following standards of performance:
4.14.1 NOISE
All sources of noise (except those not under direct control of occupant of use, such as vehicles)
shall be subject to and comply with section 4.18.
(§ 4.14-12-10-80; Ord. 00-18(3), 6-14-00)
4.14.2 VIBRATION
The produce of displacement in inches times the frequency in cycles per second of earthborne
vibrations from any activity shall not exceed the values specified below when measured at the
points indicated.
4.14.2.1 METHOD OF MEASUREMENT
3
Co -Construct, Mr. Donald E. Wyatt, June 27, 2008
Earthborne vibrations shall be measured by means of a three component recording system, capable
of measuring vibration in three mutually perpendicular directions. The displacement shall be the
maximum instantaneous vector sum of the amplitude in the three directions.
4.14.2.2 MEANING OF TERMS
Vibrations means the periodic displacement of oscillation of the earth.
Area of Measurement
At residential At other lot lines
Type of vibration district boundaries within district
Continuous .00 .015
Impulsive (100 per
minute or less) .006 .030
Less than 8 pulses
per 24 hours .015 .075
4.14.3 GLARE
No direct or sky reflected glare, whether from flood lights or from high temperature processes
such as combustion, welding or otherwise, so as to be visible beyond the lot line, shall be
permitted except for signs, parking lot lighting and other lighting permitted by this ordinance or
required by any other applicable regulation, ordinance or law. However, in the case of any
operation which would affect adversely the navigation or control of aircraft, the current
regulations of the Federal Aviation Administration shall apply.
4.14.4 AIR POLLUTION
Rules of the State Air Pollution Control Board shall apply within Albemarle County. Such rules
and regulations include coverage of. emission of smoke and other emissions from stationary
sources; particulate matter; odor; particulate emission from indirect heating furnaces; open
burning; incinerators; and gaseous pollutants.
4.14.5 WATER POLLUTION
Rules of the State Water Control Board shall apply within Albemarle County.
4.14.6 RADIOACTIVITY
There shall be no radioactivity emission which would be dangerous to the health and safety of
persons on or beyond the premises where such radioactive material is used. Determination of
existence of such danger and the handling of radioactive materials, the discharge of such materials
into the atmosphere and streams and other water, and the disposal of radioactive wastes shall be by
reference to and in accordance with applicable current regulations of the Department of Energy,
and in the case of items which would affect aircraft navigation or the control thereof, by applicable
current regulations of the Federal Aviation Administration, and any applicable laws enacted by the
General Assembly of the Commonwealth of Virginia or the requirements of the Virginia Air
Pollution Act, whichever is greater.
4.14.7 ELECTRICAL INTERFERENCE
There shall be no electrical disturbance emanating from any lot which would adversely affect the
operation of any equipment on any other lot or premises and in the case of any operation which
would affect adversely the navigation or control of aircraft, the current regulations of the Federal
Aviation Administration shall apply.
4.14.8 CERTIFIED ENGINEER REPORT SUBMITTAL
Each future occupant of an industrial character shall submit to the county engineer as precedent to
issuance of a zoning compliance clearance a certified engineer's report describing the proposed
operation, all machines, processes, products and by-products, stating the nature and expected
levels of emission or discharge to land, air and/or water or liquid, solid or gaseous effluent and
electrical impulses and noise under normal operations, and the specifications of treatment methods
and mechanisms to be used to control such emission or discharge. The county engineer shall
review the applicant's submittal and make comment and recommendation prior to final
commission action on the site development plan. (Amended 9-9-92)
Il