ORDINANCE NO.  06-18(   )

 

AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II, BASIC REGULATIONS, AND ARTICLE III, DISTRICT 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 I, General Regulations, Article II, Basic Regulations, and Article III, District Regulations, is hereby amended and reordained as follows:

 

By Amending:

 

Sec. 3.1           Definitions

Sec. 10.2.1      By right

Sec. 10.2.2      By special use permit

 

By Adding:

 

Sec. 5.1.44      Farm worker housing

 

Chapter 18.  Zoning

 

Article I.  General Regulations

 

Sec. 3.1  Definitions

 

Farm:  The term “farm” means one or more parcels of land, whether such parcels are abutting or not, operated under the same management and whose primary use is agriculture.

 

Farm worker housing, Class A:  The term “Farm worker housing, Class A” means: (i) structures located on a farm that are designed and arranged to be occupied exclusively by up to twenty (20) persons employed to work on the farm on which the structures are located for seasonal agriculture work or up to twenty (20) persons including the farm workers and their immediate families; (ii) the number of such structures designed and arranged for sleeping does not exceed five (5); and (iii) no single structure contains all of the following: provisions for sleeping, eating, food preparation, and sanitation (bathing and/or toilets).

 

Farm worker housing, Class B:  The term “Farm worker housing, Class B” means: (i) either structures located on a farm that are designed and arranged to be occupied exclusively by more than twenty (20) persons employed to work on the farm on which the structures are located for seasonal agriculture work or more than twenty (20) persons including the farm workers and their immediate families, or the number of such structures designed and arranged for sleeping is six (6) or more, regardless of the number of farm workers or their family members who could sleep in such structures; and (ii) no single structure contains all of the following: provisions for sleeping, eating, food preparation, and sanitation (bathing and/or toilets).

 

Seasonal agriculture work:  The term “seasonal agriculture work” means work by a person employed to work on a farm to 
perform either field work related to planting, cultivating, work related to keeping livestock and/or poultry, or harvesting 
operations, or work related to canning, packing, ginning, seed conditioning or related agriculture operations, and the work 
pertains to or is of the kind exclusively performed at certain seasons or periods of the year and which, from its nature, may 
not be continuous or carried on throughout the year.  A person who moves from one seasonal activity to another while 
employed by the farm to perform agriculture work is engaged in seasonal agriculture work even though he or she may 
continue to be employed by the farm throughout the year. 

 

Article II.  Basic Regulations

 

Sec. 5.1.44  Farm worker housing

 

Each farm worker housing facility shall be subject to the following:

 

a.                   Concept plan to be submitted with application for farm worker housing.  Before applying for the first building permit for a farm worker housing, Class A, facility, or in addition to any other information required to be submitted for a farm worker housing, Class B, special use permit:

 

1.         The applicant shall submit a concept plan showing: (i) the boundary lines of the parcel (may be shown on an inset map if necessary); (ii) the location and general layout of the proposed structures at a scale of not more than one (1) inch equals forty (40) feet; (iii) vehicular access, travelways and parking for the facility; (iv) topography (with a contour interval of no greater than ten (10) feet); (v) critical slopes; (vi) streams, stream buffers and floodplains; (vii) source(s) of water for fire suppression; (viii) building setback lines as provided in subsection 5.1.44(c) below; and (ix) outdoor lighting.

 

2.         The concept plan shall include a written description of each structure’s construction and materials used. 

 

3.         Within ten (10) days after submittal of a concept plan deemed by the zoning administrator to be complete, the zoning administrator shall send notice to the owner of each lot abutting the parcel for which the concept plan has been received.  The notice shall include a copy of the concept plan and shall advise each recipient of the right to submit written comments within ten (10) days of the date of the notice and the right to request planning commission review as provided in section 5.1.44(a)(5).  Notice mailed to the abutting owner shall be mailed to the last known address of the owner, and mailing the notice to the address shown on the current real estate tax assessment records of the county shall be deemed compliance with this requirement.  The failure of an abutting owner to receive the notice required by this section shall not affect the validity of an approved concept plan, zoning compliance clearance, or special use permit authorizing farm worker housing.

 

            4.         The applicant and any person to whom notice was sent under section 5.1.44(a)(3) and who submitted timely written comments about the concept plan as provided therein may request that the planning commission review and act on the concept plan.  The request shall be in writing, state the reasons why the commission should review the concept plan, and be filed with the director of planning within ten (10) days after the date of the notice from the zoning administrator. 

 

            5.         The concept plan shall be approved by the zoning administrator or the planning commission, as the case may be, before any building permit is issued for a farm worker housing facility.  The concept plan shall be approved if it satisfies all  applicable requirements of the zoning ordinance and the design is determined to not be a substantial detriment to abutting parcels.  In approving the concept plan, the zoning administrator or the commission may impose reasonable conditions to mitigate impacts on abutting parcels arising from the facility.  The commission shall give due consideration to the recommendations of the   zoning administrator, the director of planning and other officials.  In addition, the commission may consider such other evidence as it deems necessary for a proper review of the application.

 

b.         Structures.  Structures comprising a farm worker housing facility may include industrialized buildings and tents erected on concrete or wooden platforms.  Farm worker housing facilities shall not use motor vehicles or major recreational equipment, as that term is defined in section 4.12.3(b)(1) of this chapter, to provide for sleeping, eating, food preparation, or sanitation (bathing and/or toilets).

 

c.         Minimum yards.  Notwithstanding any other provision of this chapter, the minimum front yard shall be seventy-five (75) feet.  The minimum side and rear yards shall be fifty (50) feet.  All yards shall be measured from the farm worker housing structures.

 

d.         Zoning compliance clearance.  The owner shall obtain a zoning compliance clearance from the zoning administrator before a farm worker housing facility is occupied.

 

1.                  The applicant shall apply for a zoning compliance clearance at least thirty (30) days prior to the first expected occupation of the farm worker housing facility.  The application shall be submitted to the zoning administrator, who shall forward copies of the application to the building official, the department of fire rescue, the fire marshal, the Virginia Department of Transportation, and the local office of    the Virginia Department of Health.

 

2.            The zoning compliance clearance application shall include all of the following information:

 

a.             For a farm worker housing, Class B, facility only, a letter of approval from the board of supervisors stating that a special use permit for the facility has been approved.

 

b.            Written approval of the food preparation area, the private water supply, and the septic disposal system by the Virginia Department of Health.                                   

c.             A recorded instrument approved by the county stating that the farm worker housing shown on the approved concept plan shall only be used for farm worker housing for seasonal agriculture work on the farm or for such uses that are accessory to a lawful primary use on the parcel on which the farm worker housing is located.  

 

                        d.         Approval of the commercial access to the site by the Virginia Department of Transportation. 

 

e.         Written approval of the adequacy of the access to the site for emergency vehicles by the fire marshal.

 

3.            Upon the zoning administrator’s determination that all requirements of the zoning ordinance are satisfied, that all conditions of the special use permit authorizing the farm worker housing, Class B, facility, are satisfied, upon receipt of the approvals and documents required in section 5.1.44(d)(2), and imposing all conditions of approval of the concept plan, the zoning administrator shall issue a zoning compliance clearance for the facility.  The validity of the zoning compliance clearance shall be conditional upon the applicant’s compliance with all requirements of the zoning ordinance, the approved concept plan, and all applicable conditions of approval.  The zoning administrator shall provide written notice of the decision to the applicant and to any person to which notice was sent                             under section 5.1.44(a)(3) and who submitted timely written comments on the application as provided therein

 

e.         Use of farm worker housing facility by workers and their families only.  A farm worker housing facility shall be occupied only by persons employed to work on the farm on which the structures are located for seasonal agriculture work and their immediate families as provided herein.

 

f.          Use of farm worker housing facility when not occupied.  When not occupied by seasonal farm workers, a farm worker housing facility may be used for any use accessory to a primary agriculture use.

 

Article III.  District Regulations

 

Sec. 10.2.1 By right

 

The following uses shall be permitted in any RA district subject to the requirements and limitations of these regulations:

 

. . .

 

            23.       Farm worker housing, Class A (up to twenty occupants and five or fewer sleeping structures) (reference 5.1.44).

 

. . .

 

Sec. 10.2.2  By special use permit

 

The following uses shall be permitted only by special use permit approved by the board of supervisors pursuant to section 31.2.4:  (Added 10-9-02)

. . .

 

            51.       Farm worker housing, Class B (more than twenty occupants or six or more sleeping structures) (reference 5.1.44).

 

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