HomeMy WebLinkAboutZTA201000002 Legacy Document 2012-06-25Draft: 04/06/11
ORDINANCE NO. 11 -18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, ARTICLE
III, DISTRICT REGULATIONS, AND ARTICLE IV, PROCEDURE, OF THE CODE OF THE COUNTY OF
ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article II, Basic Regulations, Article III, District Regulations, and Article IV, Procedure, are hereby amended
and reordained as follows:
By Amending:
Sec. 4.14
Performance standards
Sec. 4.14.1
Noise
Sec. 4.14.2
Vibration
Sec. 4.14.3
Glare
Sec. 26.7
Performance standards
Sec. 30.4.3
Permit required
Sec. 30.4.14
Performance standards
Sec. 31.5
Zoning clearance
By Amending, Renumbering and Renaming (old section number first, followed by new section number,
followed by heading):
Sec. 4.14.7 Sec. 4.14.4 Electrical iffte ee disturbance
Sec. 4.14.8 Sec. 4.14.5 Certified engineer's report submitW
By Amending and Incorporating the Substance into Another Section (old section number first, followed
by section number in which substance incorporated):
Sec. 4.14.2.1 Sec. 4.14.2 Method of measurement
Sec. 4.14.2.2 Sec. 4.14.2 Meaning of terms
By Repealing:
Sec. 4.14.4 Air pollution
Sec. 4.14.5 Water pollution
Sec. 4.14.6 Radioactivity
Chapter 18. Zoning
Article 11. Basic Regulations
Sec. 4.14 Performance standards
No use shall her-eaftef be established or- eendtieted in any industrial distr-iet in Any . violation of
following standards of N°f fm°H^° Each use of an industrial character as determined by the zoning
administrator and each use to which section 4.14 is expressly applicable shall be subject to the performance
standards in section 4.14.1 through 4.14.5.
Sec. 4.14.1 Noise
to and ,.,,mp! .:,; +'' Sound generated from a use of an industrial character shall comply with section 4.18.
(§ 4.14- 12- 10 -80; Ord. 00- 18(3), 6- 14 -00)
Sec. 4.14.2 Vibration
Draft: 04/06/11
WWAIII 111
Vibrations generated from a use of an industrial character shall be subject to the following:
a. Method of measurement. The vibration standards delineated in this section shall be measured as
follows.
1. Measurements shall be made at or beyond the adjacent lot line and the zoning district boundary
line closest to the source as provided below.
2. Ground transmitted vibration shall be measured with a seismograph or complement of
instruments capable of recording vibration displacement and frequency, particle velocity or
acceleration simultaneously in three (3) mutually perpendicular directions.
3. The maximum particle velocity shall be the maximum vector sum of the three (31 mutually
perpendicular components recorded simultaneously. Particle velocity may be also expressed in
a manner accepted by the zoning administrator, upon the recommendation of the county
engineer, applying sound engineering �prindples.
b. Terms defined. For the purposes of this section, the following definitions apply:
1. Group 1. A use subiect to the Group 1 vibration standards is a use of an industrial character
located in the rural areas (RA), village residential (VR), commercial (C -1), commercial office
(CO), highway commercial (HQ, light industry(LI), any residential zoning district, and any
planned district determined by the zoning administrator to be composed of uses similar to one
of the conventional zoning districts identified herein.
2. Group 2. A use subject to the Group 2 vibration standards is a use of an industrial character
located in the heavy industry (HI) zoning district and any planned district determined by the
zoning administrator to be composed of uses similar to the heavy industry (HI) zoning district.
Draft: 04/06/11
3. Steady state vibrations. Steady state vibrations are continuous vibrations.
4. Impact vibrations. Impact vibrations are vibrations in discrete impulses more frequent than
sixty (60) per minute.
C. Group I vibration standards. The following shall apply to all uses subject to the Group 1 vibration
standards:
1. Steadv state vibrations. Uses subiect to the Group 1 vibration standards shall not cause stead
state vibrations to exceed the maximum permitted particle velocities provided in Table 1 below.
subject to section 4.14.2(e). When more than one set of vibration standards may apply, the most
restrictive standard shall apply. Readings may be taken at points of maximum vibration
intensity which comply with location requirements of section 4.14.2(al(11.
Table 1
Maximum Permitted Steady State Vibration Standards
Location at or beyond the lot line
or the zoning district boundary line
In the rural areas or any residential
districts
All other zoning districts
Maximum peak particle velocity
0.02 inches per second between 7:00 a.m. and
10:00 p.m.: 0.01 inches per second between
10:00 p.m. and 7:00 a.m.
0.05 inches per second
2. Impact vibrations. Uses subject to Group 1 vibration standards shall not cause impact
vibrations to exceed twice the applicable maximum peak particle velocity permitted in Table 1.
d. Group 2 vibration standards. The following shall apply to all uses subject to the Group 2 vibration
standards:
1. Steadv state vibrations. Uses subiect to Group 2 vibration standards shall not cause seadv state
vibrations to exceed the maximum permitted particle velocities provided in Table .2 below .
subject to section 4.14.2(e). When more than one set of vibration standards may apply, the most
restrictive standard shall apply. Readings may be taken at points of maximum vibration
intensi
Table 2
Maximum Permitted Steady State Vibration Standards
Location at or beyond the lot line
or the zoning district boundary line
In the rural areas or any residential
districts
All other zoning districts
Maximum peak particle velocity
10:00 p.m.: 0.01 inches per second between
10:00 p.m. and 7:00 a.m.
0.10 inches per second
2. Impact vibrations. Uses subject to Group 2 vibration standards shall not cause impact
vibrations to exceed twice the applicable maximum peak particle velocity permitted in Table 2.
provided that when the frequency of an impact vibration event does not exceed one per day, the
maximum vibration level in any zoning district shall not exceed 0.4 inches per second.
Draft: 04/06/11
e. Zoning administrator authority to determine applicable maximum veak varticle velocitv. The zonin
administrator is authorized to determine under section 4.14.2(c) and (d) which standard for maximum
peak particle velocity shall apply in any planned development district or the Downtown Crozet District.
Sec. 4.14.3 Glare and heat
Glare and heat generated from a use of an industrial character shall be subject to the following.
a. Glare from lights or processes. No direct or sky reflected glare, whether from flood lights. building
surfaces or from high temperature processes such as, but not limited to, combustion, or welding
thef w=ise, so as to be visible beyond the lot line, shall be permitted except for signs, parking lot lighting
and other lighting authorized by this chapter or required by any other
applicable law. However, in the ease 0 any operation W-hieh that would
adversely affect adversely the navigation or control of aircraft; shall comply with the current regulations
of the Federal Aviation Administration4k-&�.
b. Intense glare from processes. Any operation producing intense glare as determined by the zoning
administrator shall be performed only within a completely enclosed building and in such a manner so as
not to create a public nuisance or hazard to abutting parcels. An operation will be deemed to produce
intense glare when it creates a sensation of extreme brightness within the visual field which causes
squinting, discomfort or loss in visual performance and visibility in persons not suffering right
sensitivity (photophobial.
C. Intense heat from processes. Any operation producing the emission of heat which would cause a
temperature increase of one degree Fahrenheit (1° Fl or greater as measured at or beyond the nearest
adjoining lot line shall be performed only within a completely enclosed building and in such a manner
so as not to create a public nuisance or hazard to abutting parcels. No heat or heated air shall be
discharged such that a temperature increase of one degree Fahrenheit (1° Fl or greater is measureable at
or beyond the nearest adjoining lot line. Vents, chimney stacks and other devices for emitting heat or
heated air from a building shall be oriented away from abutting parcels within the rural areas (RA) or
any residential zoning district.
See. 4.14.4 Air pollution
Rules of the State Air- PoUtAien CE)PAfel Board shall apply within Albemafle Ceu*ty. Sueh r-Wes a-ad regulations
inelude eever-age E)f--. emission of smoke and other- emissions ffem statiena-I:y ltila4e mMter-; odor-,
•
Draft: 04/06/11
Sec. 4.14.74 Electrical interference disturbance
I . . . H* on a*y other- lot or- premises a-ad in the ease of a-ay oper-4ioa whieh would affeet ad-ver-sely t
na-vigation or eopArol of airera4, the etiffent regulations of the Feder-a! A-vimion Administration shall appl�-.
No electrical disturbance generated from a use of an industrial character shall adversely affect any activity,
including the use of any machinery or equipment, on any other parcel. Any electrical disturbance that would
adversely affect the navigation or control of aircraft shall comply with the current regulations of the Federal
Aviation Administration.
Sec. 4.14.85 Certified engineers report submittal
prooesses, pr-o"ets and by produets, stating the nattife and expected levels of emission or- discharge to land, air
mWor- water- E)r- liquid, selid E)r- gaseetts effitient and eleetr-ical impulses and noise under- nemal oper-ations, a
do on the site development plan.
Prior to the issuance of a zoning clearance or approval of a final site plan, each prospective occupant of a use of
an industrial character shall submit a certified engineer's report as follows, except as provided in section
4.14.5 c
a. Contents. Each certified engineer's report shall include the following information unless!
be county_
engineer determines that any such information is not necessary:
1. Nature of the operation. A description of the proposed operation. including all machines
rocesses, and products.
2. Emissions and discharges. The identification of all by- products or wastes, stating the expected
levels of emissions or discharges to land, air, and/or water of any liquid, solid or gas, and the
emission of electrical impulses and sound under normal operations.
3. Control of emissions and discharges. Descriptions and specifications as to how emissions and
discharges will be treated and the equipment and practices that will be used to control emissions
and discharges.
4. Other information. Any state or federal permits, readings, measurements, plans or
documentation necessary to demonstrate that the proposed use will comply with this chapter,
other requirements of the Code and all applicable state and federal laws, including but not
limited to those pertaining to the following:
(a) Air emissions. Air emissions subject to applicable regulations of the State Air Pollution
Control Board and the Virginia Department of Environmental Quality.
(b) Water discharges. Water discharges subjeci t to applicable regulations of the State
Water Control Board and the Virginia Department of Environmental Quality.
cl Radioactive materials and radiation emissions. Radioactive materials used in
conjunction with, and radiation emissions from, a use that is subject t to applicable
regulations of the State Board of Health and all applicable requirements arising from all
agreements between the Commonwealth of Virginia and the United States of America
Draft: 04/06/11
any department or agency thereof pertaining to radioactive materials or radiation
emissions, and all interstate compacts pertaining to radioactive materials or radiation
emissions to which the Commonwealth of Virginia is a party. Any radioactivity or
radiation that would adversely affect the navigation or control of aircraft shall comply
with the current regulations of the Federal Aviation Administration.
dl Flammable, hazardous and explosive materials. Flammable, hazardous and explosive
materials used in conjunction with a use shall comply with all requirements of the
county fire marshal and the Virginia Department of Environmental Quality as
as ply
el Disposal of waste and spill containment. The disposal of waste and the containment of
spills in conjunction with a use shall comply with all requirements of the county fire
marshal.
b. Review of revort. The certified engineer's report shall be reviewed by the countv engineer, who shall
provide comments and recommendations to the zoning administrator as to whether the proposed use
complies with the requirements of sections 4.14 through 4.14.5. If a site plan is required, the county
engineer shall review the report and provide comments and recommendations to the commission or the
agent as provided in section 32.7.4.2 prior to action on the preliminary site plan.
C. Document in lieu of certified engineer's revort. In lieu of a certified engineer's report. the zonin
administrator, upon the recommendation of the county engineer, may require that a prospective
occupant of a use of an industrial character submit a document to the zoning administrator prior to the
issuance of a zoning clearance or approval of a final site plan. A document in lieu of a certified
engineer's report is appropriate for those uses of an industrial character that are determined to be low
impact. The document may be in the form of a letter signed by the prospective occupant or its
representative. The document shall describe the processes and activities of the proposed use and
address the performance standards in section 4.14.
(Amended 9 -9 -92)
Article III. District Regulations
Sec. 26.7 Performance standards
approval, Eaeh AAwe eeeupafA E)f an in"stfial ehar-aeter- shall eomply with standar-ds set foi4h in seetion 4.14 and submit
to the eetmv-y engineer- as a pai4 of final site development pla-a
. . )f: disehar-ge to !a-ad, aiF a-adler- water- E)f: liquid, solid or- gaseaus efflueot and eleetFieal impulse
eofAfol sueh emission or- disehar-ge. The eoefity engineer- shall review the applieaftt's s4mittal and make
SubseErdent oee"an4s shall eomply with the standaMs of seetion 4.14 whether- or- not additional site
development plan feview is Fe"if:ed.
The performance standards set forth in sections 4.14 through 4.14.5 shall apply.
Sec. 30.4.03 Requirements for zoning clearance
aetivity shall obtain a pemiit ther-efor- ffem the zoning administr-atof:. Sueh peFmit shall be issued upon 441+9
Draft: 04/06/11
Each zoning clearance required by section 31.5(a)(5) shall be subject to the following:
a. Information required to be submitted. The operator of the natural resource extraction activity shall file
the following as part of its application for a zoning clearance.
1. Plan ofvrovosed activitv. A Dlan of the proposed natural resource extraction activitv. supported
by all data deemed necessary by the zoning administrator to ensure compliance with the
requirements of section 30.4. The plan may be a copy of the applicable plan of the proposed
natural resources extraction activity approved by the Virginia Department of Mines. Minerals
and Energy under Title 45.1 of the Code. The zoning administrator may require that the state -
approved plan be supported by all data deemed necessary to ensure compliance with the
requirements of section 30.4.
2. Evidence of compliance. Evidence deemed sufficient by the zoning administrator to determine
that that the operator has obtained all permits required by the Virginia Department of Mines
Minerals and Energy and the Virginia Department of Environmental Quality. and evidence that
the operator has complied with all applicable requirements of Title 45.1 of the Code of Virginia
and the applicable regulations of the Virginia Department of Environmental Quality.
b. Periodic review and termination ofzoning clearance. Each zoning clearance shall be subiect to annual
review by the zoning administrator. If any permit for a natural resource extraction activity issued by the
Virginia Department of Mines, Minerals and Energy or the Virginia Department of Environmental
Quality expires or is terminated as provided by law, the zoning clearance shall not be deemed to
authorize any activity for which the state - issued permit expired or was terminated,
(Amended 4- 28 -82)
Sec. 30.4.14 Performance standards
In addition to any other provision of law, the following performance standards shall apply to any use permitted
hefeby by sections 30.4.02.1 or 30.4.02.2:
No blasting shall be permitted except in conjunction with a pefm t f r ^ stoHe ,,,,^.-.-. ing operatic „zoning
clearance required by sections 30.4.03 and 31.5(a)(5);
2. Ground vibration from surface blasting shall not exceed the limits set forth in 4 VAC 25 -40 -880, as
measured in the manner set forth therein (Amended 6- 14 -00);
Air-blast Air overpressure resulting from surface blasting shall not exceed 4-29 133 decibels at measured
at the property line of any parcel abutting the NR district that is not within an NR district
and is measured using the procedures provided in section 4.18.03.
(Amended 6- 14 -00)
Article IV. Procedure
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Each zoning clearance required by section 31.5(a)(5) shall be subject to the following:
a. Information required to be submitted. The operator of the natural resource extraction activity shall file
the following as part of its application for a zoning clearance.
1. Plan ofvrovosed activitv. A Dlan of the proposed natural resource extraction activitv. supported
by all data deemed necessary by the zoning administrator to ensure compliance with the
requirements of section 30.4. The plan may be a copy of the applicable plan of the proposed
natural resources extraction activity approved by the Virginia Department of Mines. Minerals
and Energy under Title 45.1 of the Code. The zoning administrator may require that the state -
approved plan be supported by all data deemed necessary to ensure compliance with the
requirements of section 30.4.
2. Evidence of compliance. Evidence deemed sufficient by the zoning administrator to determine
that that the operator has obtained all permits required by the Virginia Department of Mines
Minerals and Energy and the Virginia Department of Environmental Quality. and evidence that
the operator has complied with all applicable requirements of Title 45.1 of the Code of Virginia
and the applicable regulations of the Virginia Department of Environmental Quality.
b. Periodic review and termination ofzoning clearance. Each zoning clearance shall be subiect to annual
review by the zoning administrator. If any permit for a natural resource extraction activity issued by the
Virginia Department of Mines, Minerals and Energy or the Virginia Department of Environmental
Quality expires or is terminated as provided by law, the zoning clearance shall not be deemed to
authorize any activity for which the state - issued permit expired or was terminated,
(Amended 4- 28 -82)
Sec. 30.4.14 Performance standards
In addition to any other provision of law, the following performance standards shall apply to any use permitted
hefeby by sections 30.4.02.1 or 30.4.02.2:
No blasting shall be permitted except in conjunction with a pefm t f r ^ stoHe ,,,,^.-.-. ing operatic „zoning
clearance required by sections 30.4.03 and 31.5(a)(5);
2. Ground vibration from surface blasting shall not exceed the limits set forth in 4 VAC 25 -40 -880, as
measured in the manner set forth therein (Amended 6- 14 -00);
Air-blast Air overpressure resulting from surface blasting shall not exceed 4-29 133 decibels at measured
at the property line of any parcel abutting the NR district that is not within an NR district
and is measured using the procedures provided in section 4.18.03.
(Amended 6- 14 -00)
Article IV. Procedure
Draft: 04/06/11
Sec. 31.5 Zoning clearance
The zoning administrator shall review requests for zoning clearances as follows:
a. When required. A zoning clearance shall be required in the following circumstances:
New use. Prior to establishing a new non - residential, other than an agricultural, use.
2. Change or intensification of existing use. Prior to changing or intensifying an existing non-
residential, other than an agricultural, use.
Change of occupant. Prior to a new occupant taking possession of an existing non - residential,
other than an agricultural, use.
4. Specific buildings, structures or uses. Prior to establishing any building, structure or use for
which a zoning clearance is required under section 5.
5. Commencement of extraction activity. Prior to commencing any natural resource extraction
activity within the natural resources overlay district.
b. Approval. If the proposed building, structure, improvements, and site, and the proposed use thereof,
comply with this chapter, the zoning administrator shall issue the zoning clearance.
Circumstance when zoning clearance shall not be issued. The zoning administrator shall not issue a
zoning clearance if, after review of any site, the zoning administrator determines that additional
improvements are necessary to protect the public health or safety, regardless of whether the
improvements are shown on the site plan. (Added 9 -9 -92; Amended 10 -3 -01) (§ 31.2.3.3, 9 -9 -92; Ord.
01- 18(6), 10 -3 -01
d. Commercial and industrial uses defined. For the purposes of this section 31.45, mien agriculture
composed of horticulture, viticulture, silviculture or other ar�g which may involve the tilling of
soil for the raising of crops and the keening of livestock and/or poultry is not a commercial or industrial
use, and a home occupation, ells ^ or ells B, is a commercial use. (Added 9 -9 -92; Amended 10 -3 -01)
Effect of renumbering and renaming. Any other section of this chapter that refers to section 31.2.3.2 or
to a zoning compliance clearance shall be deemed to be a reference to section 31.45 or a zoning
clearance.
(§ 31.2.3.2, 9 -9 -92; Ord. 01- 18(6), 10 -3 -01)
Draft: 04/06/11
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded
below, at a regular meeting held on
Ave Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Snow
Mr. Thomas
Clerk, Board of County Supervisors
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