ORDINANCE NO. 09-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND ARTICLE II, BASIC 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 Provisions, and Article II, Basic Regulations, of the Code of the County of Albemarle are amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
By Amending, Renaming and Renumbering:
Sec. 5.1.18 Temporary construction headquarters, and
Sec. 5.1.18
temporary construction yards
Sec. 5.1.18.1 Temporary construction headquarters Sec. 5.1.18 (part)
Sec. 5.1.18.2 Temporary construction yards Sec. 5.1.18 (part)
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
. . .
Temporary construction headquarters: A building or structure used for the on-site management or oversight of construction or development activity for the duration authorized in section 5.1.18(a).
Temporary construction yard: An area used for the on-site storage of construction or development materials, supplies, equipment, and tools, and the on-site stockpiling and recycling of useable construction materials and other items, for the duration authorized in section 5.1.18(b).
Article II. Basic Regulations
Sec. 5.1.18 Temporary construction headquarters, and temporary
construction yards
5.1.18.1 TEMPORARY
CONSTRUCTION HEADQUARTERS
Temporary construction headquarters and temporary construction yards are permitted as follows:
a. Temporary construction headquarters. The zoning administrator is authorized to issue a zoning clearance allowing temporary construction headquarters serving a construction project, subject to the following:
a1.
Duration. A temporary permit may be issued by the
zoning administrator The headquarters shall be authorized on the site
for a period beginning no earlier than thirty (30) days prior to the
commencement of actual construction and terminating ending no
later than twenty (20) thirty (30) days after completion of the
last building to be constructed in the project or thirty (30) days after
active construction on the site is suspended or abandoned, whichever occurs
first (hereinafter, the “ending date”). Construction shall be deemed to be
suspended or abandoned if no substantive progress, characterized by approved
building inspections or other evidence that substantial work has been performed
in the prior thirty (30) day period. The zoning administrator may extend the
ending date, upon the written request of the owner, if the suspension or
abandonment of active construction is the result of inclement weather. The
headquarters shall be removed from the site by the ending date.;
b2.
Location. Such uses The headquarters shall be
located within the recorded subdivision or on the same lot site
where the construction project is located.;
c3.
Maintenance. The area in the vicinity of such uses the
headquarters and the access roads thereto shall be treated or
maintained in such a manner as to prevent dust or and
debris from blowing or spreading onto adjacent properties or and
public streets rights-of-way.
5.1.18.2 TEMPORARY
CONSTRUCTION YARDS
ab.
Temporary construction yards. The zoning administrator may
issue a zoning clearance allowing temporary construction yards serving a
construction project, subject to the following:
a1.
Duration. A temporary permit may be issued by the
zoning administrator for a period not to exceed eighteen (18) months The
yard shall be authorized on the site for a period beginning no earlier than
thirty (30) days prior to the commencement of actual construction and ending on
the ending date. All materials, supplies, equipment, debris and other items
composing the yard shall be removed from the site by the ending date. The
zoning administrator may extend the ending date, upon the written request of the
owner, if the suspension or abandonment of active construction is the result of
inclement weather.;
b2.
Location. Such a The yard shall be located
within the recorded subdivision which it serves or on the same lot
site where the construction project is located. In addition, no
portion of a yard shall be located: (i) closer than fifty (50) feet to any
public street right-of-way existing prior to the recording of the subdivision
plat served by the yard or existing prior to the commencement of the
construction project; and (ii) closer than one hundred fifty (150) feet to any
preexisting dwelling not owned or leased by the owner of the subdivision or
construction project served by the yard.;
c. No portion of such
a yard shall be located closer than fifty (50) feet to any right-of-way line of
any public street existing prior to the recording of the subdivision served by
such yard or existing prior to the commencement of the construction project;
d. No portion of such
a yard shall be located closer than one hundred fifty (150) feet to any
preexisting dwelling not owned or leased by the owner of the subdivision or
construction project served by such yard;
e3.
Maintenance. All areas of such a The area in the
vicinity of the yard and the access roads thereto shall be treated or
maintained in such manner as to prevent dust or and debris
from blowing or spreading onto adjoining adjacent properties or
onto any public right-of-way and public street rights-of-way.
Such All yards shall be maintained in a clean and orderly manner, and
building material and construction residue and debris shall not be permitted to
accumulate.;
f. All buildings,
materials, supplies and debris shall be completely removed from such yard within
sixty (60) days from the date of completion of the last building to be
constructed or within sixty (60) days from the date active construction is
discontinued, whichever occurs first, but in no event shall the time exceed the
limit set forth above;
g4.
Screening. Where deemed necessary and desirable by the
zoning administrator, when such yards are to be located in or adjacent to a
residential district, appropriate screening or fencing measures shall be
provided The zoning administrator may require appropriate screening or
fencing around a yard if the yard will be located in or adjacent to a
residential zoning district.