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. 10.2.2      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:  The term “farm worker housing” means: (i) structures located on a farm that are designed and arranged to be occupied exclusively by persons employed to work on the farm on which the structures are located for seasonal agriculture work 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).

 

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 special use permit.  In addition to any other information required to be submitted for a 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, and the number of persons to be housed in the farm worker housing facility. 

 

3.         The concept plan shall include a written description of the type(s) of seasonal     agricultural work to be performed on the farm by the persons housed in the farm           worker housing facility.

 

            4.         The concept plan shall be reviewed in conjunction with the special use permit application.

 

b.         Motor vehicles and major recreational equipment prohibited.  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 as provided in section 31.2.3.2 of this chapter before a farm worker housing facility is occupied, subject to the following additional requirements:

 

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.

 

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

a.             Written approval of the farm worker housing facility as a migrant labor camp under 12 VAC 5-501-10 et seq., the food preparation area, the private water supply, and the septic disposal system by the Virginia Department of Health.

                                   

                        b.         Approval of the access to the site from a public street by the Virginia Department of Transportation; provided that nothing herein shall be deemed to require that a commercial entrance be constructed unless such  an entrance is required by the Virginia Department of Transportation. 

 

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

 

            d.         Written approval of the adequacy of the structures intended for human                           habitation by the building official.

 

3.            Upon the zoning administrator’s determination that all requirements of this chapter are satisfied, that all conditions of the special use permit authorizing the farm worker housing facility are satisfied, and upon receipt of the approvals and documents required in section 5.1.44(d)(2), the zoning administrator shall issue a zoning compliance clearance for the facility.

 

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. 10.2.2  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 (reference 5.1.44).

 

. . .

 

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