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.        LocationSuch 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.

 

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