HomeMy WebLinkAboutZTA201000002 Legacy Document 2011-12-29 (8)Draft: 07/22/11
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 II. 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 to that use (referred to collectively in
sections 4.14.1 through 4.14.5 as a "use of an industrial character ") shall be subject to the performance standards
in this section through section 4.14.5.
Sec. 4.14.1 Noise
All setuees of noise (exeept these not tmder- dir-eet eepAfol 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 comply with section 4.18.
(§ 4.14- 12- 10 -80; Ord. 00-18(3),6-14-00)
Draft: 07/22/11
Sec. 4.14.2 Vibration
vi-h-r-Ation in 0�-ree mtAually perpendicular direetions. The displaeement shall be the maximum instantaneous
,vector sum of the amplitude in the three direetions.
Vibrations generated from a use of an industrial character shall be subject to the following:
a. Method ofineasurement. The vibration standards delineated in this section shall be measured as
follows:
1. Measurements shall be made at or beyond the closest boundary line of an abutting lot and the
zoning district boundary line closest to the source as provided below in a manner accented bv_
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 or oscillation of the earth.
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 county engineer, applying sound engineering principles.
b. Standards. The following standards apply, as measured in inches per second, for the maximum
allowable peak velocity:
Type of vibration
Continuous
Impulsive (100 per
minute or less)
At residential
district boundaries
.00
11.
At other lot lines
within district
.015
.030
Less than 8 pulses
per 24 hours .015 .075
Draft: 07/22/11
Sec. 4.14.3 Glare na d eh a�
Glare and heat generated from a use of an industrial character shall be subject to the following:
a. Glare from lights. building surfaces 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 °r °use, so as to be visible beyond the lot line, shall be permitted except for signs, parking
lot lighting and other lighting pefmit4ed by this ° .a;r.,r„° authorized by this chanter or required by any
other applicable regu 4ion, o .a:n., -mee °r law. However, in the ease e any operation whieh that would
adversely affect isely the navigation or control of aircraft; shall comply with the current regulations
of the Federal Aviation Administration.
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 bri ghtness within the visual field which causes
squinting, discomfort or loss in visual performance and visibility in persons not suffering from
sensitivity (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 closest
boundary line of an abutting lot 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 closest boundary line of an abutting lot. Vents, chimney stacks and other
devices for emitting heat or heated air from a building shall be oriented away from abutting lots within
the rural areas (RA) or any residential zoning district.
Sec. 4.14.74 Electrical i°+°'ee disturbance
There shall be no eleetfieal distur-banee emanating from any lot w-hieh would a&er-sely aff-eet the operation of
Rt on a*y other- lot or- premises and in the ease of any operation whieh would affeet advefsely
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 lot. Any electrical disturbance that would
I_
\
I'
Sec. 4.14.74 Electrical i°+°'ee disturbance
There shall be no eleetfieal distur-banee emanating from any lot w-hieh would a&er-sely aff-eet the operation of
Rt on a*y other- lot or- premises and in the ease of any operation whieh would affeet advefsely
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 lot. Any electrical disturbance that would
I_
\
Sec. 4.14.74 Electrical i°+°'ee disturbance
There shall be no eleetfieal distur-banee emanating from any lot w-hieh would a&er-sely aff-eet the operation of
Rt on a*y other- lot or- premises and in the ease of any operation whieh would affeet advefsely
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 lot. Any electrical disturbance that would
Draft: 07/22/11
adversely affect the navigation or control of aircraft shall comply with the current regulations of the Federal
Aviation Administration.
Sec. 4.14.55 Certified engineers report submittal
, all inaehines,
anWor water or liquid, solid or- gaseetis effluent and eleetrieal impulses and noise tmder normal operations, a
eer- shall review the applicant's submittal and make eomment and reeonunendation prior- to final
eonunission 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 the county
engineer determines that any such information is not necessary:
1. Nature of the operation. A description of the proposed operation. including all machines
processes, and products.
2. Emissions and discharges. The identification of all by-products or wastes, stating �pected
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 followjn&
al Air emissions. Air emissions subiect to the applicable regulations of the State Air
Pollution Control Board and the Virginia is Department of Environmental Quality.
bl Water discharges. Water discharges subject to the applicable regulations of the State
Water Control Board and the Virginia Department of Environmental Oualitv.
cl Radioactive materials and radiation emissions. Radioactive materials used in
conjunction with, and radiation emissions from, a use that is subject to the 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 .
and 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 cornply
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 the applicable requirements
of the county fire marshal and the Virginia is Department of Environmental Quality.
Draft: 07/22/11
e) Disposal of waste and spill containment. The disposal of waste and the containment of
spills in conjunction with a use shall comply with the applicable requirements of the
county fire marshal.
b. Review of report. The certified engineer's report shall be reviewed by the countv engineer. who shall
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 inform the commission or the agent 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 report. In lieu of a certified engineer's report. the count
engineer may allow a prospective occupant of a use of an industrial character to submit a document 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 county engineer to be low impact: (iil
may be in the form of a letter, or in any other form acceptable to the county engineer, signed by the
prospective occupant or its representative: and (iiil shall be reviewed by the county engineer. who shall
inform the zoning administrator as to whether the proposed use complies with the performance
standards in sections 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.
Sec. 30.4.03 Permit requ Requirements for zoning clearance
■_
W1 V1.
IIIM L!11111111 MW
i
III W
The performance standards set forth in sections 4.14 through 4.14.5 shall apply.
Sec. 30.4.03 Permit requ Requirements for zoning clearance
■_
IIIM L!11111111 MW
III W
Draft: 07/22/11
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 authorized by the Virginia Department of Mines. Minerals
and Energy under Title 45.1 of the Virginia 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 Virginia Code
and the applicable regulations of the Virginia Department of Environmental Oualitv.
b. Periodic review and termination ofzonino 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 authorized by the expired or terminated state - issued permit.
(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 „°fmi* for- a store ,,,,.,...ying opera* e „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-bias Air overpressure resulting from surface blasting shall not exceed 47N 133 decibels a4 measured
at the closest boundary line of a lot abutting the NR district that is not within an NR district any
and is measured using procedures provided 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.
Change or intensification of existing use. Prior to changing or intensifying an existing non-
residential, other than an agricultural, use.
Draft: 07/22/11
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. Notice to the owner if the applicant is not the owner. Within ten (10) days after receipt of a reauest for a
zoning clearance by an applicant who is not the owner of the lot and/or structure to which the zoning
clearance pertains, and prior to acting on the request, the zoning administrator or the applicant, at the
zoning administrator's request, shall give written notice of the request to the owner. Written notice
mailed to the owner's last known address as shown on the current real estate tax assessment records
shall satisfy this notice requirement. If the zoning administrator requests that the applicant provide the
written notice, the applicant shall provide satisfactory evidence to the zoning administrator that the
notice has been given.
de. Commercial and industrial uses defined. For the purposes of this section 31.45, mien agriculture
composed of horticulture, viticulture, silviculture or other gardening which may involve the tilling of
soil for the raising of 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)
gf. 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)
Go to next attachment
Return to exec summary
fd