HomeMy WebLinkAboutSP201200010 Legacy Document 2013-01-07 (4)ALBEMARLE COUNTY CODE
C. Upon a determination that all requirements of the zoning ordinance are
satisfied, and imposing all conditions of such approval required by the
offices identified in subsection 5.1.420)(4)(a), the zoning administrator
shall issue a zoning compliance clearance for one or more festivals.
The zoning compliance clearance shall be conditional upon the owner's
compliance with all requirements of the zoning ordinance, all
conditions of the approved special use permit, the approved site plan,
and all conditions imposed by the zoning compliance clearance; and
d. The zoning administrator may issue a single zoning compliance
clearance for two (2) or more festivals if. (i) the application submitted
by the owner includes the required information for each festival to be
covered by the zoning compliance clearance: (ii) the zoning
administrator determines that each such festival is substantially similar
in nature and size; and (iii) the zoning administrator determines that a
single set of conditions that would apply to each such festival may be
imposed with the zoning compliance clearance.
(Ord. 05- 18(7), 6 -8 -05)
5.1.43 SPECIAL EVENTS
Each special event authorized by section 10.2.2(50) shall be subject to the following:
a. Eligibility and applicability. Special events may be authorized on those parcels in the
Rural Areas (RA) zoning district on which there is an existing and ongoing by -right
(section 10.2. 1) primary use. A special event special use permit issued under section
10.2.2(50) and this section shall not be required for special events associated with farm
wineries or historical centers, or for events determined by the zoning administrator to be
accessory to a primary use of the parcel.
b. Information to be submitted with application for special use permit. In addition to any
information otherwise required to be submitted for a special use permit, each application
for a special use permit shall include the following:
Concept plan. A preliminary schematic plan (the "concept plan ") satisfying
section 32.4.1. The concept plan shall identify the structure(s) to be used for the
special event, include the area of the structure(s) in which the proposed special
events will be conducted, the parking area, and the entrance to the site from the
street. The concept plan shall address, in particular, provisions for safe and
convenient access to and from the street, the location of the parking area, the
location of portable toilets if they may be required, proposed screening as
required by this section for parking areas and portable toilets, and information
regarding the exterior appearance of the proposed site. Based on the concept
plan and other information submitted, the board of supervisors may then waive
the requirement for a site plan in a particular case, upon a finding that the
requirement of a site plan would not forward the purposes of this chapter or
otherwise serve the public interest.
2. Information from the Virginia Department of Health. The applicant shall submit
written comments from the Virginia Department of Health regarding the private
water supply and the septic disposal system that will serve the proposed special
event site, the ability of the water supply and the septic disposal system to
handle the proposed events, and the need to improve the supply or the system in
order to handle the proposed events.
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3. Building and fire safety. The building official and the county department of fire
and rescue shall review and comment on the application, identifying all Virginia
Uniform Statewide Building Code and Virginia Statewide Fire Prevention Code
issues and requirements.
C. Zoning compliance clearance. The applicant shall obtain a zoning compliance clearance
prior to conducting a special event. A single zoning clearance may be obtained for one
(1) or more such special events in a calendar year as follows:
The zoning administrator may issue a single zoning compliance clearance for
more than one (1) special event if. (i) the application submitted by the applicant
includes the required information in subsection 5.1.43(c)(3) for each special
event to be covered by the zoning compliance clearance: (ii) the zoning
administrator determines that each special event is substantially similar in nature
and size; and (iii) the zoning administrator determines that a single set of
conditions that would apply to each such special event may be imposed with the
zoning compliance clearance.
2. The applicant shall apply for a zoning compliance clearance at least thirty (30)
days prior to the date of the first special event to be authorized by the zoning
compliance clearance. The application shall be submitted to the zoning
administrator, who shall forward copies of the application to the county police
department, the county building official, the county department of fire and
rescue, and the local office of the Virginia Department of Health. As part of his
review, the building official shall determine whether the structure(s) proposed to
be used for the special events satisfies the requirements of the Virginia Uniform
Statewide Building Code for that use.
3. The application shall describe the nature of each special event to be authorized
by the zoning compliance clearance, the date or dates and hours of operation of
each such special event, the facilities, structures to be used, and the number of
participants and support staff expect to attend each special event.
4. Upon a determination that all requirements of the zoning ordinance and all
conditions of the special use permit are satisfied, and imposing all conditions of
such approval required by the offices identified in subsection 5.1.43(c)(2), the
zoning administrator shall issue a zoning compliance clearance for one or more
special events. The validity of the zoning compliance clearance shall be
conditional upon the applicant's compliance with all requirements of the zoning
ordinance, all conditions of the approved special use permit, the approved
concept plan or site plan, and all conditions imposed by the zoning compliance
clearance.
d. Special events sites and structures. In addition to all other applicable requirements
of this chapter, special events sites and structures shall be subject to the following:
Structures used for special events. Each structure used for a special event shall
satisfy the following: (i) the structure shall have been in existence on the date of
adoption of this section 5.1.43, provided that this requirement shall not apply to
accessory structures less than one hundred fifty (150) square feet in size; (ii) the
structure shall be a lawful conforming structure and shall support or have
supported a lawful use of the property; and (iii) modifications to farm buildings
or farm structures as those terms are defined in Virginia Code § 36 -97 shall
allow the structure to revert to an agricultural use, as determined by the building
official.
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2. Minimum yards. Notwithstanding any other provision of this chapter, the
minimum front yard shall be seventy-five (75) feet. The minimum side yard
shall be twenty-five feet (25) feet. The minimum rear yard shall be thirty -five
(35) feet. All yards shall be measured from structures and off - street parking
areas. These minimum yard requirements shall apply to all accessory structures
established after the effective date of this section 5.1.43 and all tents, parking
areas and portable toilets used in whole or in part to serve special events.
3. Parking. The number of off - street parking spaces for a special event shall be as
required in section 4.12.6. Notwithstanding section 4.12.15(a) through (g), the
additional parking area(s) for special events shall consist of or be constructed of
pervious materials including, but not limited to stabilized turf, approved by the
county engineer. Asphalt and impervious materials are prohibited. If the
parking area is on grass or in a field, the applicant shall reseed and restore the
parking area site as required by the zoning administrator. In addition to the
requirements of section 4.12.5, the parking area shall be onsite and screened
from abutting parcels by topography, structures or new or existing landscaping.
Notwithstanding section 4.12.16(d) and (e), the delineation of parking spaces
and the provision of bumper blocks shall not be required.
4. Water and sewer. The private water supply and septic disposal system serving a
special event shall be approved by the Virginia Department of Health.
5. Streets and access. Streets serving the site shall be adequate for anticipated
traffic volume for a special event. Access from the street onto the site shall be
adequate to provide safe and convenient access to the site, and applicant shall
install all required improvements and provide adequate sight distance in order to
provide safe and convenient access.
Special events operations. In addition to all other applicable requirements of this
chapter, special events operations shall be subject to the following:
Number of participants. The number of participants at a special event at any
one time shall not exceed one hundred fifty (150) persons
2. Number of special events per year. The special use permit shall identify the
number of approved special events per calendar year, which number shall not
exceed twenty-four (24).
3. Signs. Permanent and temporary signs advertising a special event shall be
permitted as provided in sections 4.15.4 and 4.15.8.
Food service. No kitchen facility permitted by the Virginia Department of
Health as a commercial kitchen shall be allowed on the site. A kitchen may be
used by licensed caterers for the handling, warming and distribution of food, but
not for cooking food, to be served at a special event.
5. Portable toilets. If required, portable toilets are permitted on the site, provided
that they comply with the yard requirements in section 5.1.43(d)(2) and shall be
screened from that parcel and any street by topography, structures or new or
existing landscaping.
f. Prohibition of development to a more intensive use. A parcel subject to a special events
special use permit shall not be subdivided so as to create one or more parcels, including
the parent parcel, of less than twenty-one acres in size without first amending the special
use permit to expressly authorize the subdivision. If a parcel is so subdivided without
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first amending the special use permit, special events shall thereafter be prohibited on the
resulting parcels unless a new special use permit is obtained.
(Ord. 05- 18(8), 7- 13 -05)
5.1.44 FARM WORKER HOUSING
Each farm worker housing facility shall be subject to the following:
a. Concept plan to be submitted with application for farm worker housing. Before applying for the
first building permit for a farm worker housing, Class A, facility, or in addition to any other
information required to be submitted for a farm worker housing, Class B, special use permit, the
applicant shall submit a concept plan meeting the requirements of section 5.1.44(b).
b. Contents of concept plan. The concept plan shall show the following: (i) the boundary lines of the
farm (may be shown on an inset map if necessary); (ii) the location and general layout of the
proposed structures at a scale of not more than one (1) inch equals forty (40) feet; (iii) vehicular
access, travelways and parking for the facility; (iv) topography (with a contour interval of no
greater than ten (10) feet); (v) critical slopes; (vi) streams, stream buffers and floodplains; (vii)
source(s) of water for fire suppression; (viii) building setback lines as provided in subsection
5.1.44(g) below; and (ix) outdoor lighting. The concept plan also shall include a written
description of each structure's construction and materials used, and the number of persons to be
housed in the farm worker housing facility.
C. Notice of receipt of concept plan to abutting owners. The zoning administrator shall send notice
of the receipt of a concept plan as follows:
Farm worker housing, Class A, facility: For each concept plan received for a farm
worker housing, Class A, facility, the zoning administrator shall send notice to the owner
of each lot abutting the parcel for which a concept plan has been received within ten (10)
days after submittal of the concept plan deemed by the zoning administrator to be
complete. The notice shall include a copy of the concept plan and shall advise each
recipient of the right to submit written comments within ten (10) days of the date of the
notice and the right to request planning commission review as provided in section
5.1.44(d). Notice mailed to the abutting owner shall be mailed to the last known address
of the owner, and mailing the notice to the address shown on the current real estate tax
assessment records of the county shall be deemed compliance with this requirement. The
failure of an abutting owner to receive the notice required by this section shall not affect
the validity of an approved concept plan or zoning compliance clearance.
2. Farm worker housing, Class B, facility: For each concept plan received for a farm
worker housing, Class B, facility, notice to the owner of each lot abutting the parcel for
which a concept plan has been received shall be provided in conjunction with the notice
required for the special use permit.
d. Request for planning commission review and action on farm worker housing, Class A, facility
concept plan. An abutting owner to whom notice for a farm worker housing, Class A, facility
concept plan under section 5.1.44(c)(1) and who submitted timely written comments about the
concept plan as provided therein may request that the planning commission review and act on the
concept plan. The request shall be in writing, state the reasons why the commission should review
the concept plan, and be filed with the director of planning within ten (10) days after the date of
the notice from the zoning administrator.
e. Review and action on concept plan. A concept plan shall be reviewed and acted upon as follows:
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