HomeMy WebLinkAboutSP200300048 Action Letter
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COUNTY OF ALBEMARLE
DepartmeT)t of Planning & Community Development
40 I Mcintire Road, Room 2] 8
Charlottesville, Virginia 22902-4596
(434) 296 - 5823
Fax (434) 972 - 40]2
September 16, 2003
Randy E. Fox
1968 Avon Street Ext
Charlottesville, VA 22902
RE: SP-03-48 Randy E. Fox Home Occupation Class B; Tax Map 90, Parcel 31
Dear Mr. Fox:
The Albemarle County Board of Supervisors, at its meeting on September 10, 2003, by a vote of 6:0, approved the
above-noted request. Please note that this approval is subject to the following conditions:
1. There shall be no additional employees at the site outside of family living at 1968 Avon Street
Extended;
2. The applicant will be required to submit a Certified Engineers Report demonstrating
compliance with the performance standards in the Zoning Ordinance Section 4.14;
3. The applicant will revise the conceptual plan received by the Planning Department on
July 15, 2003 to include a statement limiting the number of vehicle trips weekly to 14;
4. A standard entrance permit for a private road entrance shall be required. VDOT
specifications for sight distance shall be required; and
5. No machinery generating noise shall be operated between the hours of 7:00 p.m. and 7:00 a.m.
In the event that the use, structure or activity for which this special use permit is issued shall not be commenced
within twenty-four (24) months after the issuance of such permit, the same shall be deemed abandoned and the
authority granted thereunder shall thereupon terminate. For purposes of this section, the term "commenced" shall
be construed to include the commencement of construction of any structure necessary to the use of such permit
within two (2) years from the date of the issuance.
Please be aware that establishment and operation of a Home Occupations, Class Buse is subject to supplementary
regulations of the Zoning Ordinance (Section 5.2). Copies of the supplementary regulations are attached.
Before beginning this use, you must obtain a zoning clearance from the Zoning Department. Before the Zoning
Department will issue a clearance, you must comply with the conditions in this letter. For further information, please
call Jan Sprinkle at 296-5823.
If you should have any questions or comments regarding the above-noted action, please do not hesitate to contact
me.
VWC/jcf
ATTACHMENTS
Cc:
Amelia McCulley
T ex Weaver
Jack Kelsey
Steve Allshouse
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ALBEMARLE COUNTY CODE
only with the approval of the director of planning and community development; (ii)
screened from all lot lines either by the terrain, existing structures, existing
vegetation, or by added vegetation approved by the department of planning and
community development's landscape planner.
(§ 5.1.40, Ord. 01-18(9), 10-17-01)
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5.2 HOME OCCUPATIONS
5.2.1 CLEARANCE OF ZONING ADMINISTRATOR REQUIRED
Except as herein provided, no home occupation shall be established without approval of the
zoning administrator. Upon receipt of a request to establish a home occupation, Class B, the
zoning administrator shall refer the same to the Virginia Department of Highways and
Transportation for approval of entrance facilities and the zoning administrator shall detennine the
adequacy of existing parking for such use. No such clearance shall be issued for any home
occupation, Class B, except after compliance with section 5.2.3 hereof. (Amended 3-18-81)
5.2.2 REGULATIONS GOVERNING HOME OCCUPATIONS
5.2.2.1 The following regulations shall apply to any home occupation:
a. Such occupation may be conducted either within the dwelling or an accessory structure. or
both, provided that not more than twenty- five (25) percent of the floor area of the dwelling
shall be used in the conduct of the home occupation and in no event shall the total floor area
of the dwelling, accessory structure, or both. devoted to such occupation, exceed one thousand
five hundred (1,500) square feet; provided that the use of accessory structures shall be
pennitted only in connection with home occupation, Class B;
b. There shall be no change in the outside appearance of the buildings or premises, or other
visible evidence of the conduct of such home occupation provided that a home occupation,
Class B, may erect one home occupation Class B sign as authorized by section 4.15 of this
chapter. Accessory structures shall be similar in facade to a single-family dwelling, private
garage. shed, barn or other structure nonnally expected in a rural or residential area and shall
be specifically compatible in design and scale with other development in the area in which
located. Any accessory structure which does not confonn to the setback and yard regulations
for main structures in the district in which it is located shall not be used for any home
occupation;
c. There shall be no sales on the premises, other than items hand crafted on the premises, in
connection with such home occupation: this does not exclude beauty shops or one-chair
barber shops;
d. No traffic shall be generated by such home occupation in ~greater volumes than would
nonnally be expected in a residential neighborhood. and any need for parking generated by
the conduct of such home occupation shall be met off the street;
e. All home occupations shall comply with perfonnance standards set forth in section 4.14;
f. Tourist lodging, nursing homes. nursery schools, day care centers and private schools shall
not be deemed home occupations.
5.2.2.2 Prior to issuance of clearance for any home occupation, the zoning administrator shall require the
applicant to sign an affidavit stating his clear understanding of and intent to abide by the foregoing
regulations.
Zoning -
(12-10-80, § 5.2.2; Ord. 01-18(3), 5-9-01)
18-5-22.3
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Department of Motor Vehicles. The cost of any such removal and disposal shall be charged to the
owner of the premises and may be collected as taxes and levies are collected. Every such cost
with which the owner of the premises has been assessed shall constitute a lien against the property
from which the vehicle was removed, the lien to continue until actual payment of such costs has
been made to the county. (Added 6-10-87)
4.13.3 LIMITATIONS ON PARKING OF TRUCKS AND CERTAIN RECREATIONAL
VEHICLES IN RESIDENTIAL DISTRICfS
No truck with a gross vehicle weight of twelve thousand (12,000) pounds or more or dual wheeled
recreational vehicles shall be parked in any residential disnict other than the RA (except for
purposes of making pickups or deliveries) in any location other than:
a. Behind the nearest portion of buildings to streets; or
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b. In any approved off-street parking area.
4.14 PERFORMANCE STANDARDS
No use shall hereafter be established or conducted in any industrial district in any manner in
violation of the following standards of perfonnance:
4.14.1 NOISE
All sources of noise (except those not under direct control of occupant of use, such as vehicles)
shall be subject to and comply with section 4.18.
(§ 4.14-12-10-80; Ord. 00-18(3), 6-14-00)
4.14.1.1 (Repealed 6-14-00)
4.14.1.2 (Repealed 6-14-00)
4,14.2 VIBRATION
The produce of displacement in inches times the frequency in cycles per second of earthbome
vibrations from any activity shall not exceed the values specified below when measured at the
points indicated.
4.14.2.1 METHOD OF MEASUREMENT
Earthbome vibrations shall be measured by means of a three component recording system, capable
of measuring vibration in three mutually perpendicular directions;, The displacement shall be the
maximum instantaneous vector sum of the amplitude in the three directions.
4.14.2.2 MEANING OF TERMS
Vibrations means the periodic displacement of oscillation of the earth.
Area of Measurement
Tvpe of vibration
Continuous
Impulsive (100 per
minute or less)
Less than 8 pulses
per 24 hours
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At residential
district boundaries
.00
At other lot lines
within district..
.015
.006
.030
.015
.075
18-4-27
Zoning Supplement # 15. 5-9-D I
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4.17.6 EXEMPT OUTDOOR LIGHTING AND RELATED ACTS
The following outdoor lighting and related acts shall be exempt from the requirements of these
outdoor lighting regulations:
a. Lighting which is not subject to this chapter by state or federal law.
b. Construction, agricultural, emergency or holiday decorative lighting, provided that the
lighting is temporary, and is discontinued within seven (7) days upon completion of the
project or holiday for which the lighting was provided.
c. Lighting of the United States of America or Commonwealth of Virginia flags and other non-
commercial flags expressing constitutionally protected speech.
d. Security lighting controlled by sensors which provides illumination for fifteen (15) minutes
or less.
e. The replacement of an inoperable lamp or component which is in a luminaire that was
installed prior to the date of adoption of section 4.17.
f. The replacement of a failed or damaged luminaire which is one of a matching group serving a
common purpose. ..
(Ord. 98-18( 1), 8-12-98)
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4.18 NOISE
The board of supervisors hereby finds and declares that noise is a serious hazard to the public
health, safety, welfare. and quality of life, and that the inhabitants of the county and adjoining
localities have a right to and should be free from an environment of noise. Therefore. it is the
policy of the county to regulate noise as provided in this section 4.18.
(Ord. 00-18(3), 6-14-00)
Slale law reference - Va. Code Ii 15.2-2280.
4.18.01 APPLICABILITY
This section 4.18 shall apply to sound generated from any land use within Albemarle County.
regardless of whether the property in the receiving zone is within or without Albemarle County.
This chapter is in addition to any sound or noise regulations set forth in any other chapter of the
Albemarle County Code.
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(Ord. 00-18(3), 6-14-00)
Slale law reference - Va. Code Ii 15.2-2280.
4.18.02 DEFINITIONS
The following definitions shall apply to this section 4.18. The defmitions of any sound-related
tenn not defined herein shall be obtained from the American Standard Tenninology if defmed
therein.
"A" weighted sound level. The tenn ... A' weighted sound level" means the sound pressure level
in decibels as measured on a sound level meter using the A-weighting network expressed as dB(A)
or dBA.
Zoning Supplement II 15.5-9-01
11¡-·1 ,,;
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b. Industrial receiving zone. An industrial receiving zone is property zoned light industrial (LI),
highway industrial (HI), planned development -- industrial park (PDIP), the industrial areas of
a planned unit development (PUD), and any other industrial zoning district.
c. Public space or institutional receiving zone. A public space or institutional receiving zone is
property detennined by the zoning administrator to be a public facility or an institution.
d. Rural areas and residential receiving zone. The rural areas and residential receiving zone is
that property zoned rural areas (RA), village residential (VR), residential (R-l, R-2, R-4, R-6.
R-I0, and R-15), planned residential development (PRD), the residential area of a planned
unit development (PUD), the portions of the University of Virginia located within Albemarle
County, and any other rural or residential zoning district.
Sound level meter. The tenn "sound level meter" means an instrument used for making sound
level measurements which meets the requirements of the American National Standards Institute
Type II rating.
Source sound level. The tenn "source sound level" means the equivalent sound level of the source
being measured.
Total sound level. The tenn "total sound level" means the equivalent sound level of the source
being measured and ambient sound before correction to detennine the source sound level.
(Ord. 00-18(3), 6-14-00)
Slate law reference - Va. Code § 15.2-2280.
4.18.03 PROCEDURE FOR MEASURING SOUND
Each sound meter reading shall be conducted as provided herein:
A. Instrument o/measurement. Each sound measurement shall be taken only £Tom a sound level
meter.
B. Calibration of sound level meter. An acoustic calibrator authorized by the manufacturer of
the sound level meter shall properly calibrate the sound level meter used for each sound
measurement. The calibration shall have been performed within twelve (12) months prior to
the date of such reading. The user of the sound level meter shall also have calibrated the
sound level meter within one (I) hour prior to taking such sound measurements.
C. Weather conditIOns. A windscreen shall be used on the sound level meter when sound
measurements are being taken. No outdoor sound measurements shall be taken during rain or
during weather conditions in which' wind sound is distinguishable from. and is louder to the
ear than, the sound source being tested.
D. Scale. Each sound measurement shall be expressed in units of the sound level (dBA), in
accordance with American National Standards Institute specifications for sound level meters.
Each measurement shall be made using the A-weighted scale with fast response, following the
manufacturer's instructions and measuring the equivalent sound level. Impulse sounds shall
be measured as the maximum reading and not the equivalent sound level.
E. Place of sound measurement. Each sound measurement shall be taken no closer to the sound
source than the property lines of the receiving zone properties or the property line along
which a street fronts. If the property line of a receiving zone property is not readily
determinable, the sound measurement shall be taken from any point inside the nearest
receiving zone property, or within an occupied structure located on receiving zone property.
Zl ~i ~U;1'leJilen( ~ J 5.5-9-01
18-4-57
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Row A
Sound Level Difference 0.5 I 2 3 4 5 6 7 8 9 10
(Decibels)
RowB
Correction Factor 9.6 7 4 3 1.8 1.6 1.2 1.0 0.75 0.6 0.5
(Decibels)
3. Subtract the value obtamed from Row B under paragraph (2) from the mmunum
measured total sound level to determine the source sound level.
4. If the difference between the total sound level and the ambient sound level is greater than
10 dBA, no correction is necessary to determine the source sound level.
(Ord. 00-18(3), 6-14-00)
State law reference - Va. Code * 15.2-2280.
4.18.04 MAXIMUM SOUND LEVELS
Except as provided in section 4.18.05, it shaH be unlawful for any person to operate or cause to be
operated, any source such that the sound originating from that source causes a sound level that
exceeds the sound levels in the receiving zone, measured pursuant to section 4.18.03, as set forth
below:
Receiving Zone Time Period Noise Level (dBA)
Rural Areas and Residential Daytime 60
Nighttime 55
Public Space or Institutional Daytime 60
Nighttime 55
Commercial Daytime 65
Nighttime 65
Industrial Daytime 70
Nighttime 70
(Ord. 00-18(3),6-14-00)
Stale law reference - Va. Code ~ 15.2-2280
4.18.05 EXEMPT SOUNDS
The following sounds shall not be subject to this section 4. 18:
~
A. Anima/s. Sounds generated from animals including, but not limited to, barking dogs.
B. Church bells or chimes. Sounds generated by church bells or chimes.
C. Construction. demolition and/or maintenance activities. Sounds generated from construction,
demolition and/or maintenance activities between 7:00 a.m. and 10:00 p.m.
D. Emergenc.v operatIOns. Sound generated 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, and sounds generated by power
generators during power outages and other emergency situations.
18-4-59
Zoning Sup:> .
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4.18.07 MODIFICATION OR WAIVER
Any standard of section 4.18.04 may be modified or waived in an individual case, as provided
herein:
a. The commission may modify or waive the standard set forth in section 4.18.04 in a particular
case upon fmding that snict application of the standard would cause undue hardship and not
forward the purposes of this chapter or otherwise serve the public health, safety or welfare, or
that alternatives proposed by the owner would satisfy the purposes of this section 4.18 at least
to an equivalent degree.
b. The commission may impose conditions on the modification or waiver that it deems
appropriate to further the purposes of this chapter.
c. Prior to considering a request to modify or waive, five (5) days' written notice shall be
provided to the owner, owner's agent or occupant of each abutting lot or parcel and each
parcel immediately across the street or road from the lot or parcel which is the subject of the
request. The written notice shall identify the nature of the request and the date and time the
commission will consider the request.
d. The board of supervisors shall consider a modification or waiver of any standard of section
4.18.04 only as follows:
I. The denial of a modification or waiver, or the approval of a modification or waiver with
conditions objectionable to the developer may be appealed to the board of supervisors as
an appeal of a denial of the plat. as provided in section 14-226 of the Code. or the site
plan. as provided in sections 32.4.2.7 or 32.4.3.9. to which the modification or waiver
pertains. A modification or waiver considered by the commission in conjunction with an
application for a special use pennit shall be subject to review by the board of supervisors.
2. In considering a modification or waiver, the board may grant or deny the modification or
waiver based upon the finding set forth in subsection (A), amend any condition imposed
by the commission, and impose any conditions it deems necessary for the reasons set
forth in subsection (B).
(Ord. 00-18(3); Ord. 01-18(4),5-9-01)
State law reference - Va. Code 9 15.2-2280
I 8-4-6 I
Zoning Supplement # 15. 5-Q-D 1