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HomeMy WebLinkAboutLOD200500012 Legacy Document 2014-03-11COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 April 4, 2005 Marcia Joseph 481 Clarks Tract Keswick, VA 22947 RE: OFFICIAL DETERMINATION OF USE- HOUSING FOR SEASONAL AGRICULTURAL WORKERS AND INTERNS Dear Ms. Joseph: You have asked, on the behalf of a citizen, about the housing of seasonal farm workers. As I understand it, the proposal is to establish a farm specializing in the raising of fruits and vegetables using organic and sustainable methods and utilizing seasonal agriculture workers. The workers will function as interns in that they will be will be participating in an experiential program that provides the opportunity to learn about organic and sustainable agricultural practices. The interns will be housed in structures approved for temporary, seasonal habitation. Eating and bathing facilities will be provided in a separate structure. We in the Zoning division understand that migrant labor has been used in Albemarle County orchards for decades and that the practice continues into the present. However, we do not find that migrant farm labor camps are customarily incidental to agricultural uses in Albemarle County to the extent that they qualify as being accessory to agriculture. We note that the housing of farm workers in legal dwellings is permitted by right under Zoning Ordinance § 10.2.1 (1) and (2). In this context, "legal dwellings" are dwellings that meet the Zoning Ordinance definition of dwelling and also meet the area and bulk regulations of the Rural Areas zoning district. The applicable code sections are enclosed. The Zoning Ordinance does not regulate farm labor. We find that the housing of migrant laborers is not explicitly listed as a separate permitted use in the ordinance. The labor camps that were established prior to the adoption of zoning may continue as nonconforming uses. IADEPT\BMTetermination General\2005\Temporary Farm Laborer Housing.doc Marcia Joseph April 4, 2005 Page 2 The cleanest way to address housing for seasonal agricultural workers is to adopt a zoning text amendment that defines the use, specifies the required zoning districts and permits, and provides appropriate supplemental regulations. In certain cases where the workers function as interns, it is our opinion that the unrestricted housing for farm labor can fall within the definition of boarding camp. Boarding camps are permitted in the Rural Areas zoning district by special permit. We find that it would be reasonable to allow this use with a zoning clearance on a limited and temporary basis as temporary farm laborer housing. This temporary and limited administrative approval will enable us to make a more accurate assessment of the land use impacts of this proposal in the future. This is consistent with past administrative practice in similar cases. We note that this proposal is consistent with the Comprehensive Plan which seeks to support agricultural uses in the County. It is prudent to limit County approval of substantial residential structures that are not subject to the special permit review required of a boarding camp. The limit of six interns living in temporary housing is consistent with the definition of family in Section 3.1 in the Zoning Ordinance. This policy will be reviewed and potentially amended at the end of the 2005 growing season. A clearance for temporary farm laborer housing will be subject to the following conditions: The maximum number of interns housed in structures other than legal dwellings on the farm at any one time is six. 2. The interns may be housed in temporary or seasonal structures or in structures that are not heated or insulated. 3. The structure(s) in which the interns are housed shall be approved by the Building Official for human habitation. 4. The dining and bathing facilities shall be approved by the Health Department and the Building Official. If you are aggrieved by this determination, you have a right to appeal it within thirty days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia. If you do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by IADEPTOCMDetermination General\2005\Temporary Farm Laborer Housing.doc Marcia Joseph April 4, 2005 Page 3 filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $120. The date notice of this determination was given is the same as the date of this letter. If you have any questions, please contact me. Sincerely, John Shepherd Manager of Zoning Administration Enclosed: Section 3.1 Definition of dwelling, family, day camp and boarding camp Sections 10.3.1, 10.3.2, 10.4 and 10.5.1 from the Rural Areas District 1ADEP'RBCZS\Determination General\2005\Temporary Farm Laborer Housing.doc