HomeMy WebLinkAboutZTA201000002 Legacy Document 2011-12-29 (5)Draft: 05/24/11
COMPARE VERSION 5 -24 -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 1I, 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 :n+° ee disturbance
Sec. 4.14.8 Sec. 4.14.5 Certified engineer's report s4mittal
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 II. Basic Regulations
Sec. 4.14 Performance standards
No use shall hereafter- be established or- eondueted in wiy industrial distfiet in aily . I Violation of t
following star arils of pe,.r^,.manee 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 this section 4444-throuah section 4.14.5.
Sec. 4.14.1 Noise
All sour-ees of noise (exeept these not tmder- dif:eet eentfol of eeeupam of use, sueh as vehieles) shall be subjeC4
to a-ad eemply with Sound generated from a use of an industrial character shall compllywith section 4.18.
(§ 4.14- 12- 10 -80; Ord. 00- 18(3), 6- 14 -00)
Draft: 05/24/11
Sec. 4.14.2 Vibration
Earthbornevibrations shall be measured by means of a three component recording system, capable of me
vector s of the amplitude i the throe directions
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 in a manner accepted by the county engineer,
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. The term
"vibration" means the periodic displacement of oscillation of the earth.
3. The maximum particle velocity shall be the maximum vector sum of the three (3) mutually
perpendicular components recorded simultaneously. Particle velocity may be also expressed in
a manner accepted by the county engineer, applying sound engineering principles.
b. Standards. The following standards apply, as measured in inches per second, for the maximum
allowable peak velocity:
Tyne of vibration
Continuous
At residential At other lot lines
district boundaries within district
.00 .015
Impulsive (100 per
minute or less) .006 .030
Draft: 051 /11
Less than 8 pulses
per 24 hours .015 .075
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
otherwise, so as to be visible beyond the lot line, shall be permitted except for signs, parking lot lighting
and other lighting pleffaitted by this or-dif anee authorized by this chapter or required by any other
applicable r-eg4i a4io , °rain°„^° of law. However, in the ease of any operation h that would
adversely affect adefsely the navigation or control of aircraft; shall comply with the current regulations
of the Federal Aviation Administration sltal— "'`r'.
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 from light
sensitive (photophobia).
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
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 Aif Pollution Control Board shall apply within Albemarle Cotmty. Sueh fules a-ad r-egula4ioas
inelude eover-age oP emission of smoke and other- emissions Ifem stationafy soufees; paftieulate mattlef; ,
pollutants. See. 4.14.5 Water- pollution
Rules of the c.m° Water- CWATol Boafd shall apply within nii. °,..arle roufft.,
IN
M P1
Draft: 05/24/11
Sec. 4.14.74 Electrical interference disturbance
I . . . H* on a*y other- lot or- pr-efnises a-ad in the ease of a*y operation whieh would affeet a&ver-sely '
navigation or eopArol of airera4, the etiffent regula4ions 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 effluent 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: 05/24/11
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.
d) 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
e) 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
^vide ^^� M °r*s °ad r-eeem eada4ion *^inform the zoning administrator as to whether the proposed
use complies with the performance standards in sections 4.14 through 4.14.5. If a site
plan is required, the county engineer shall review the report and pfe3 a° ° ^mm°„ +s °„a
r-eeewimeadmieas teinform the commission or the agent as ide seetien 22 7 ^ ' prior to action
on the preliminary site plan as to whether the proposed use complies with the performance standards in
sections 4.14 through 4.14.5.
c. Document in lieu of certified engineer's revort. In lieu of a certified engineer's report. the
admire stfate-• • „ +''° r-eeemmendation ef4he county engineer.- may mallow a ros ectivg
occupant of a use of an industrial character to submit a document to the zeaiog °aminist ater-
that describes the processes and activities
of the proposed use and addresses the performance standards in sections 4.14 through 4.14.5. A
document in lieu of a certified engineer's report: (i) is appropriate for those uses of an industrial
character that are determined by the coon en ineer to be low im act. The a ^ °• °-' ii ma be in the
form of a letter, or in any other form acceptable to the county engineer, signed ed by the prospective
occupant or its representative. The daeum ent; and iii) shall de�e reviewed pfeees.&es and
efcounty engineer, who shall inform the zoning administrator as to whether the proposed use
and-ad4fesscomplies with the performance standards in seetimsections 4.14- through 4.14.5.
(Amended 9 -9 -92)
Article III. District Regulations
Sec. 26.7 Performance standards
The performance standards set forth in sections 4.14 through 4.14.5 shall apply.
1 1111
1 -11-- -
The performance standards set forth in sections 4.14 through 4.14.5 shall apply.
Draft: 05/24/11
Sec. 30.4.03 Requirements for zoning clearan
- -- -- -- _�-- -- ---- - --a -•-v - - -- __ - -- °--- - -- - -- -- - -- • --I --- °- - --- --v - . -- -------- I ---- �r-- _ _ .._ »---
aetivity shall obtain a pet:mit ther-efer- fr-em the zoning adfainistfater-. Stieh pefmit shall be issued upen filmig
with the zenifig administrator- of a plan of the proposed natwal r-esoufee e*4aetive aetivit-y, ineloding all da
suffieient to ensure complianee with th . . . f this section. The applioant may eomply herewith by
filing of a eopy of any -plan of stieh proposed operation appr-oved by the Vir-ginia Depaftmeat of Cofisei=va
and Eeonemie Development filed ptir-stiapA to Title 4 5.1 of the Code, together- with stieh additional data as
zoning administrator- may require to ensufe eomplianee with this seetion. In addition, the appheafft shall provide
evidenee satisfaetory to the zeaing administrator that he has eomplied with the provisions of Title 4 5.1 of the
Code. Every stieh pet:mit isstied by the zoning administfater- shall be stfl�eet to mmeal Feview and shall be
revoked in the event that any permit issued for any stieh operation shall expire or other-wise terminate in
aeeor-danee with the requirements of Title 4 5.1 of the Code or the regulations of the Virginia Department of
Coasen,4iofi and Eeofiomie Development.
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 ofnronosed activitv. A plan of the proposed natural resource extraction activity. supported
by all data deemed necessary v 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 pproved 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 ofcomnliance. 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 Oualitv.
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
hereby by sections 30.4.02.1 or 30.4.02.2:
No blasting shall be permitted except in conjunction with a p°-ai* for- a stone ,,,,,.,...ong O„°rationzoning
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);
Draft: 05/24/11
Air-bias Air overpressure resulting from surface blasting shall not exceed 47N 133 decibels at measured
at the property line of any parcel abutting the NR district that is not within an NR district any eEEuied
truet me not on the subjeet property and is measured using the procedures Drovided in section 4.18.03.
(Amended 6- 14 -00)
Article IV. Procedure
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 ofextraction 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, preduetion agriculture
composed of horticulture, viticulture, silviculture or other gardening which may involve the tilling of
soil for the raisin of f crops and the keeping 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)
7
Draft: 054424/11
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