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Home My WebLink AboutZTA201100006 Action Letter 7.25.13Phone (434) 296 -5832 Lrf2C;l1�ZA COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902 -4596 MEMORANDUM TO: File FROM: Amelia McCulley, Director of Zoning DATE: July 25, 2013 RE: ZTA201100006 Phase I Noise Amendments Fax(434)972 -4126 The Albemarle County Planning Commission, at its meeting on July 16, 2013, deferred, by a vote of 6:0 the above noted petition to the August 6, 2013 as per staffs request. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 MEMORANDUM TO: File FROM: Amelia McCulley, Director of Zoning DATE: August 27, 2013 RE: ZTA201100006 Phase I Noise Amendments The Albemarle County Planning Commission, at its meeting on August 6, 2013, by a vote of 5:0, recommended approval of the above noted petition. This recommendation is based on the following comments: Concern expressed about the audibility enforcement standard saying "from inside a dwelling unit" and suggested that it say "from inside a habitation unit" instead of calling it a dwelling and hopefully in most situations noise would not actually interfere with the behavior and the condition of animals. Suggestion — "that not within 100 feet of the property line but either inside or in the proximity to the home" so that essentially someone could use their patio or deck area that would be along the same lines as the primary dwelling unit. This petition will be forwarded to the Board of Supervisors to be heard on a date to be determined with a recommendation of approval. ORDINANCE NO. 13 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, 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, is hereby amended and reordained as follows: By Amending: Sec. 4.18.01 Applicability Sec. 4.18.02 Definitions Sec. 4.18.05 Exempt sounds Chapter 18. Zoning Article II. Basic Regulations Sec. 4.18.01 Applicability This section 4.18 shall apply to sound generated frnm produced by any lam use authorized by his chanter, including any use that is expressly authorized by a proffer, special use permit special use permit condition, or a standard in a code of development, except as otherwise provided in section 4.18.05 `"^thin G_Gypvty, regardless of whether the property in the receiving zone is within or without Albemarle County. (Ord. 00- 18(3), 6- 14 -00) State law reference — Va. Code § 15.2 -2280. Sec. 4.18.02 Definitions The following definitions shall apply to this section 4.18. The definitions of any sound - related term not defined herein shall be obtained from the American Standard Terminology if defined therein. Agricultural activity. The term "agricultural activity" means a lawfully permitted activity per ning to horticulture, viticulture, or ard�ening including, but not limited to: tilling soil for raising crops: keeping livestock, poultry, or both: 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. Place of public entertainment. The term "place of public entertainment" means a building or other place used primarily as a cinema, theater, amphitheater, concert hall, public hall, dance hall, restaurant or other lace of entertainment oven to the public. but not including a music festival authorized by a special use permit, regardless of whether the payment of money or other consideration is required for admission. Sec. 4.18.05 Exempt sounds The following sounds shall not be subject to this section 4.18: A. Agricultural activities. Sound produced by an agricultural activity. AB. Animals. Sounds generated 4 animals ; ,.ludi g but not lifp4ted t b.,..k4ag degs. Sound produced by animals including, but not limited to, barking dogs; provided that this sound is otherwise subject to the animal noise regulations in chapter 4 of the Code. RC. Bells or chimes from place of religious worship. Sound produced by bells, chimes or other similar instruments or devices from a place of religious worship. ED. Construction, demolition and/or maintenance activities. Sounds generated fte Sound produced by construction, demolition and/or maintenance activities . provided that this sound is otherwise subject to the noise regulations in chapter 7 of the Code. DE. Emergency operations. Sound gener-4ed produced in the performance of emergency operations including, but not limited to, audible signal devices which are employed as warning or alarm signals in case of fire, collision or imminent danger, or sound produced by power generators during power outages and other emergency situations. RF. Firearms. Sounds generate f e Sound produced by the lawful discharge of a firearm; provided that this exemption shall not apply to a firearms discharged at a gun club, era shooting range, shooting preserve, or target, trap or skeet range. G. Home appliances. Sound produced by the normal use of home appliances such as generators, air conditioners, heat pumps, vacuum cleaners, washing machines, dryers and dishwashers, provided that the appliances are in good repair. H. Outdoor amplified music or outdoor public address systems. Sound produced by an outdoor amplified music system or outdoor public address system; provided that sound from outdoor amplified music at a farm winery is otherwise subject to the farm winery regulations in section 18- 5.1.25(e), sound produced in conjunction with an outdoor music festival authorized b s ecial use permit under this chapter shall be subject to the noise regulations in this chapter — and sound produced by an outdoor amplified music system or outdoor public address system, including any system used in conjunction with an agricultural activity, is subject to the noise regulations in chapter 7 of the Code. El. Parades, fireworks and similar events. Sounds geneFated f e Sound produced by parades, fireworks, and other similar events which are officially sanctioned, if required; provided that the exemption for fireworks shall apply only to fireworks displays duly issued a permit pursuant to chapter 6 of the Code. J. Person's voice. Sound produced by a person's voice. K. Place of public entertainment. Sound produced by a radio, tape play receiver, musical instrument, electronic sound amplification equipment, phonograph, compact disc player, MP3 player, or other similar device intended primarily for the production or reproduction of sound (hereinafter, collectively and singularly a "device ") at a place of public entertainment; provided that this sound is otherwise subject to the noise regulations in chapter 7 of the Code. CL. Protected expression. Any other Sound produced by an y lawful activity which constitutes protected expression pursuant to the First Amendment of the United States Constitution, but not amplified expression. 14M. Public facilities and public uses. Sound produced by the operation of a public facility or public use or- aefivit including, but not limited to, sounds generated from seh any sound which would not be an exempt sound if it was produced b. the he operation of a non - public facility or non - public use. N. School athletic contests or practices, and other school activities: private schools. Sound produced by private school athletic contests or practices, and other private school activities. L Res-ideHfial air eeHdkieHing Hnit-s. Sounds generated ftem r-esidea6a4 air- eenditioning units. JO. Silvicultural or agriet&H activities. Sound produced during lawfully permitted bona fide silvicultural activities including, but not limited to, logging activities provided that this sound is otherwise subject to the noise regulations in chapter 7 of the Code. P. Solid waste collection. Sound produced by the collection of solid waste: provided that this sound is otherwise subject to the noise regulations in chapter 7 of the Code. Q. Telephones. Normal sound produced by landline and wireless telephones. KR. Transportation. Transient sound produced by transportation including, but not limited to, public and private airports (except as otherwise regulated), aircraft, railroads and other means of public transit, and sound produced by motor vehicles and motorcycles. LS. Warning devices.Sounds geneF Sound produced by a horn or warning device of a vehicle when used as a warning device, including back -up alarms for trucks and other equipment. MT. Yard maintenance activities. Sound produced by routine yard maintenance activities including, but not limited to, mowing, trimming, clipping, leaf blowing and snow blowing; provided that this sound is otherwise subject to the noise regulations in chapter 7 of the Code. (Ord. 00- 18(3), 6- 14 -00) 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 Clerk, Board of County Supervisors Ave Nay Mr. Boyd Mr. Craddock Ms. Mallek Mr. Rooker Mr. Snow Mr. Thomas